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We live in the age of human rights and Doughty Street Chambers offers unrivalled expertise in human rights, which are integral to all areas of work. Members of Chambers have been involved in many of the leading cases under the Human Rights Act 1998 and European Convention on Human Rights. Additionally, Chambers has played a significant role in relation to the general development of international human rights law.

Chambers has been instrumental in developing the scheme and scope of the Human Rights Act. Doughty Street Chambers barristers have brought cases raising fundamental issues such as retrospectivity, extra-territoriality, compensation for human rights violations and the effect of declarations of incompatibility.

Before the European Court of Human Rights, we have appeared in cases against many Council of Europe Member States, including the UK, France, Greece, Turkey, Spain, Cyprus, Austria, Finland, Macedonia and Russia. We have intervened on behalf of a number of NGOs such as Liberty, Justice, Article 19, Interights, Redress, Inquest, Amnesty International and the Voluntary Euthanasia Society before both domestic courts and the European Court of Human Rights.

Beyond the Human Rights Act and the European Convention on Human Rights, we have brought human rights cases to the Privy Council, the European Court of Justice, the Inter-American Commission and Court of Human Rights, the African Commission on Human and Peoples' Rights, the UN Human Rights Committee and a range of Commonwealth courts and other international tribunals. Chambers' death row work is second to none. Cases from the Caribbean and elsewhere involve construction of constitutional provisions and motions challenging the implementation of the death penalty before Caribbean courts and the Privy Council. We also offer expertise on the EU Charter of Fundamental Rights and Freedoms and its developing impact on European and domestic law.

Members of Chambers closely monitored the progress of the Human Rights Act during its passage through Parliament and as such, have a thorough and detailed understanding of the Act. Doughty Street Chambers played a pivotal role in providing training for public authorities, lawyers and judges on the Act's implementation. We continue to provide high quality training on domestic and international human rights principles for a wide range of audiences, working with the European Commission, Council of Europe, various government departments including the Foreign and Commonwealth Office, the British Council, the Bar Council and the LSE's Centre for the Study of Human Rights, among others. We have experience of drafting international human rights treaties such as the UN Convention on the Rights of the Child.

Members of Chambers are also engaged in human rights advisory work for governments, public authorities, statutory bodies and international institutions, particularly on compliance of laws and constitutions with international human rights principles.

Doughty Street Chambers is the only chambers to hold a Specialist Support Contract in Human Rights and Public Law, which allows us to provide advice and support with case work to solicitors, law and advice centres and other LSC contract holders. We also provide CPD accredited training courses around the country to LSC contract holders, covering human rights and child law, education, housing, immigration and asylum, mental health and social welfare, in addition to regular seminars and events on topical human rights issues such as Guantanamo Bay, war crimes and deaths in custody.

Members of Chambers have published leading texts on human rights, such as Crimes Against Humanity: The Struggle for Global Justice, European Human Rights Law and Blackstone's Human Rights Digest, and include the editor of the European Human Rights Law Review, the co-editor of the European Human Rights Reports and the legal director of the Human Rights Act Research Project. We provide weekly expert comment and analysis of human rights case law for Butterworths' Human Rights Direct.

Doughty Street Chambers employs a Human Rights Officer who provides research support to members of Chambers and produces a regular human rights bulletin which is freely availble through subscription on this site. Doughty Street Chambers is ranked as a leader in human rights and civil liberties by Chambers & Partners and Legal 500.

Team Members

Seminars & CPD

Doughty Street Chambers provides regular CPD accredited human rights training courses and seminars on legal developments and topical human rights issues.

Under our Specialist Support Contract we provide training courses in human rights and public law to LSC contract holders around the country. These seminars aim to provide:

• Greater understanding of the relevant case law;
• Awareness of new developments in your specialist area of practice;
• Confidence in deploying Convention arguments for your clients; and
• Increased general understanding of human rights law.

• HRLA seminar - Human Rights After The General Election

  

  Wednesday 17 March 2010 from 18:30 to 19:30

  HRLA seminar : The State of Human Rights : How will Human Rights be protected in the U.K. after the General Election? Speaker: David Howarth MP, Liberal Democrats Date : 17th March 2010 (tea will …

  
  

• HRLA seminar - Human Rights After The General Election

  

  Wednesday 24 March 2010 from 08:15 to 09:15

  HRLA seminar : The State of Human Rights : How will Human Rights be protected in the U.K. after the General Election? Speaker: Dominic Grieve MP, Conservative Date : 24th March 2010 (breakfast …

  
  

• Inquest Law

  

  Thursday 25 March 2010 from 09:00 to 17:00

  Doughty Street Chambers barrister: Henrietta Hill will be speaking at the forthcoming Butterworths conference entitled Inquest Law CPD: 8 points Venue: Central London Attending this …

  
  

Cases

Notable cases include:

R v Coutts [2006] UKHL 39; [2006] 4 All ER 353 (House of Lords) - Reduction from murder to manslaughter - Facts raising possibility of manslaughter verdict - Judge in murder trial asking counsel whether he should direct jury on manslaughter because evidence had arisen to support such a verdict - Prosecution and defence counsel both declining to invite judge to direct jury on manslaughter - Judge directing jury only on murder - Whether judge having duty to direct jury on obvious alternative offence arising on the evidence irrespective of parties' wishes.

R v Hamza [2006] EWCA Crim 2918 (Court of Appeal) - Murder - Incitement - Whether an offence capable of being committed in respect of soliciting murder outside England and Wales where person solicited not a British national - Offences Against the Person Act 1861, s 4 - Abuse of process - Delay between offences and initiation of proceedings - Events occurring since offence giving rise to adverse publicity - Whether different test to be applied where culpable delay by authorities - Whether real risk of prejudice and therefore defendant having unfair trial.

R (on the application of Stellato) v Secretary of State for the Home Department [2006] EWHC 608 - Release from prison on licence - Revocation of licence - Coming into force of new statutory sentencing regime - Transitional provisions - Prisoner sentenced in 1998 - Whether prisoner, having been released on licence, could be validly recalled to prison after new regime came into force - Criminal Justice Act 2003, s 254 - Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, SI 2005/950, paras 19, 23. Due for House of Lords hearing in February 2007.

Secretary of State for the Home Department v MB [2006] EWCA Civ 1140 (Court of Appeal) - Right to a fair hearing - Secretary of State imposing control order on person for purpose of prevention of terrorism - Court supervision of control order - Whether procedure whereby court reviewing lawfulness of Secretary of State's decision to make order upon basis of material available to him conspicuously unfair and incompatible with right to a fair hearing - Human Rights Act 1998, Sch 1, Pt I, art 6(1) - Prevention of Terrorism Act 2005, ss 3, 11. Currently on appeal to the House of Lords.

Secretary of State for the Home Department v JJ and others [2006] EWCA Civ 1141 (Court of Appeal) - Deprivation of liberty - Secretary of State imposing control orders on respondents for purpose of prevention of terrorism - Court quashing control orders on basis that they amount to deprivation of respondents' liberty - Whether court correct to quash orders - Prevention of Terrorism Act 2005, ss 2, 3(12). Currently on appeal to the House of Lords.

Ashley and another v Chief Constable of Sussex Police [2006] EWCA Civ 1085 (Court of Appeal) - Fatal shooting of unarmed man by police - whether declaration is sufficient reason to continue to trial even if the cost/benefit analysis is against the claimant - Self-defence - Mistake - Whether burden of proof in relation to self-defence on claimant or defendant. Currently on appeal to the House of Lords.

R v G [2006] 1 WLR 2052 (Court of Appeal) - challenge to compatibility of s.5 Sexual Offences Act 2003 with Article 6 - compatibility with Article 8 of the prosecution of 15 year old boy for rape notwithstanding presence of consent and belief that complainant was 15 years old. Leave to appeal to the House of Lords has been granted.

AA v Secretary of State for the Home Department [2006] INLR 401 CA - Whether possibility of safe voluntary return to Zimbabwe would mean that lack of safety of a forced removal could not entitle a person whose asylum claim had otherwise been dismissed to protection under the Refugee Convention.

R (D) v Secretary of State for the Home Department [2006] 3 All ER 946 CA; [2005] UKHRR 917 - attempted suicide by a prisoner - duty to carry out an investigation under Article 2 ECHR.

R v Payne and others (19 September 2006) - Court Martial's ability to impose reporting restrictions on photographs of defendants in a war crimes trial.

Bowe and Davis v R [2006] UKPC 10 (Privy Council) Bahamas - Criminal law - Death penalty - Whether imposition of death penalty on conviction of murder is mandatory or discretionary - Penal Code (Bahamas), s 312.

Jones v Minister of Interior Al-Mamlaka Al-Arabiya as Saudiya (the Kingdom of Saudi Arabia) and others [2006] UKHL 26 (House of Lords) - Practice and procedure - Costs - Order of Court of Appeal - Undertaking by foreign state not to overturn costs order made against it - Effect of state immunity - State Immunity Act 1978, s 13(2)(b).

R (on the application of Al-Jedda) v Secretary of State for Defence [2006] EWCA Civ 327 (Court of Appeal) Right to liberty - Claimant detained in Iraq for imperative reasons of security - Whether United Nations Security Council Resolution qualifying claimant's right to liberty - Human Rights Act 1998, Sch 1, art 5 - Charter of the United Nations, art 103.

A and others v Secretary of State for the Home Department (No 2) [2005] UKHL 71; [2006] 2 AC 221 (House of Lords) - Right to fair trial - Secretary of State issuing certificates to detain suspected international terrorists under temporary emergency statutory provisions - Detention on basis of reasonable belief and suspicion - Alleged reliance on evidence of third parties subject to torture in foreign state - Admissibility of evidence - Anti-terrorism, Crime and Security Act 2001 (c 24) ss. 21, 23, 25 - Special Immigration Appeals Commission (Procedure) Rules 2003 (SI 2003/1034), r 44(3) - Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1990) (Cm 1775), art 15.

Behrami v France (71412/01) and Saramati v France, Germany, Norway (78166/01) - NATO responsibility for uncleared cluster bombs in Kosovo - multinational troops operating abroad - alleged negligent failure to defuse unexploded bombs - positive obligation on states to protect life (articles 1 and 2).

Babar Ahmed and Haroon Rashid Aswat v United States of America [2006] EWHC 2927 - Extradition request to America to stand trial for various terrorism-related offences - Effect of diplomatic notes offering assurance that the defendants would not be treated as enemy combatants - Potential Violation of European Convention right to a fair trial - Extradition Act 2003 s.87.

Attorney General v Scotcher [2005] UKHL 36; [2005] 3 All ER 1; [2005] 2 Cr App Rep 573; [2005] Crim LR 791 (House of Lords) - Contempt of court - Disclosure of secrets of jury room - Whether defence for juror to show having bona fide aim of preventing miscarriage of justice - Whether statute to be interpreted as including such a defence so as to make it compatible with convention right to freedom of expression - Effect of warnings against disclosure given to juror - Contempt of Court Act 1981, s 8(1) - Human Rights Act 1998, s 3, Sch 1, Pt I, art 10.

R (on the application of Smith) v Parole Board; R (on the application of West) v Parole Board [2005] UKHL 1, [2005] 1 All ER 755 (House of Lords) - Prisoner released on licence - Parole Board recommending revocation of licence of prisoner then deciding not to order re-release of prisoner - Whether decision procedurally fair - Whether prisoner entitled to oral hearing - Whether decision breaching right to liberty and security and right to fair trial - Criminal Justice Act 1991, s 39 - Human Rights Act 1998, Sch 1, Pt I, arts 5(1), (4), 6(1).

Russia v Maruev and Chernysheva (2005) (unreported) - attempted extradition to Russia of ex-YUKOS employee - prospect of unfair trial in Russia due to political opinion.

Countryside Alliance and others v HM Attorney General and others [2005] EWHC 1677; Constitutional law - Parliament - Legislative power - Hunting - Statute to ban hunting - Whether statute proportionate interference with Convention and Community rights - Hunting Act 2004 - Human Rights Act 1998, Sch 1, Pt 1, arts 8 and 11, First Protocol, art 1 - EC Treaty, arts 28, 49.

R (on the application of Al-Skeini and others) v Secretary of State for Defence [2005] EWCA Civ 1609 (Court of Appeal) Extra-territorial jurisdiction - United Kingdom occupying power in Iraq - Whether convention applying to deaths of Iraqi civilians occurring whilst British troops on patrol - Whether convention applying to death of Iraqi civilian whilst being detained by British troops.

R (on the application of Hurst) v HM Coroner for Northern District London [2005] EWCA Civ 890 (Court of Appeal); Commissioner of Police v Hurst [2005] HRLR 31 (House of Lords) - duty to re-open inquest after criminal proceedings - scope of inquests where Article 2 ECHR engaged - retrospectivity of the Human Rights Act.

O'Brien v Chief Constable of South Wales Police [2005] UKHL 26; [2005] QB 833; [2005] 2 AC 534; [2005] 2 All ER 931 - Admissibility of similar fact evidence in civil proceedings - Claim against police of improper conduct of criminal investigation - Claimant seeking to adduce evidence of similar conduct by same officers in respect of other investigations.

Austin and Saxby v Commissioner of Police of the Metropolis [2005] HRLR 20 - due for hearing in the Court of Appeal in March 2007. Legality of police treatment of peaceful demonstrators by corralling 3000 people for 9 hours in Oxford circus - compatibility of article 5(1)(c) of the European Convention.

Steel and Morris v UK (68416/01) [2005] ECHR 103 - European Court of Human Rights,15 February 2004 - "McLibel" case - distribution of leaflets criticising McDonalds - fairness of English libel laws and lack of legal aid for defamation proceedings - freedom of expression under Article 10 ECHR and right to fair trial under Article 6 ECHR.

 

What the Directories say

Chambers & Partners, 2010

This principled set is renowned for its commitment to civil liberties and human rights. From the most experienced silks down to the youngest juniors, Doughty Street offers "top-class advocacy and a collaborative approach." Its best performers include Edward Fitzgerald QC, who is a real heavyweight in human rights, having achieved some marvellous results on behalf of death row prisoners in the House of Lords and Privy Council. He is also a market leader for cases relating to extradition and deportation. Patrick O'Connor QC is a hugely experienced advocate with a reputation for securing victories in difficult cases. He represented the survivors of the 7 July 2005 bombings in their judicial review of the Secretary of State's decision not to order a public inquiry. Head of chambers Geoffrey Robertson QC epitomises the set, having appeared in landmark civil liberties cases over the years. Clients have full confidence in him as he is "a vastly experienced individual with a glittering track record." Heather Williams QC is "just amazing in police law," sources enthuse, but her practice also includes such matters as protesters' rights, prisons and discrimination. She is well rated along with Richard Hermer QC. He is "immensely knowledgeable and very strategic in his thinking,"according to clients, and has made numerous appearances in the House of Lords. Phillippa Kaufmann is the leading junior counsel for prisoners' rights cases, but her practice also includes deaths in custody, police law and mental health law. Sources describe Kaufmann simply as "a brilliant advocate." Kate Markus is "extremely knowledgeable" when it comes to community care, and her practice also includes housing, mental health, children, education, prisoners' rights and cases relating to terrorism. Commentators note that she "gives authoritative advice and has a very fast turnaround of papers." Instructing solicitors describe Paul Bowen as "reliable and great to work with," not least because he has achieved some fantastic results in the prisoners' rights arena. His broad practice also includes inquests, mental health, community care, data protection, education and special advocate instructions. Stephen Cragg made headlines by achieving a terrific victory in Marper v UK, a case concerning the UK's policy of retention of innocent people's DNA. He is highly thought of as is Henrietta Hill, who has the "ability to assess the strengths and weaknesses of both sides of the case." Hill was heavily involved in the inquest into the shooting of Jean Charles de Menezes at Stockwell underground station. Her practice takes in inquests, actions against the police, employment issues and discrimination cases. Martin Westgate is widely recommended for his "intellectual prowess and consistently good advocacy," while Simon Cox "is a wizard in the High Court, who is in constant demand." Ian Wise, meanwhile, has waged a tireless battle in 2008 for children in care or those leaving care. "He is charming to work with," according to clients, who further admire his approachability. Wise's broad practice includes health, prisons, social care and education. Judith Farbey's prison law practice comes highly recommended. She also acts in cases relating to immigration, extradition and human rights. The in-demand Alison Gerry has appeared recently in the Privy Council, House of Lords and ECHR. Immensely busy, she tackles prison law, mental health, community care and inquests, as well as international human rights law. Ruth Brander has built a fine reputation in Caribbean death penalty appeals, and sources find her to be "a confident and forward-thinking advocate." Finally, Aswini Weereratne takes on challenging human rights cases relating to mental health, an area in which she has profound expertise.

Chamber & Partners, 2009

"True commitment to human rights, an independent spirit and a willingness to challenge convention" are attributes that characterise Doughty Street, say sources. Its strongly held principles do not, however, result in any trade-off in terms of quality, with the barristers being universally acknowledged as "outstanding." Edward Fitzgerald QC, for example, "commands immense respect - he is inspiring and enthusiastic to work with, and comes up with some really innovative arguments." Fitzgerald has a huge volume of experience and, in addition to appearing on some of the most significant and high-profile domestic cases, he regularly appears before the Privy Council on death row cases. Phillippa Kaufmann maintains an extremely distinguished reputation: "She condenses exceptionally difficult cases into a digestible form, and her amazing intellect always contributes something extra." Prison law is her specialism, but she is also expert in police law, deaths in custody, miscarriages of justice, community care, children's rights and mental health law. Heather Williams QC is "an outstanding silk," according to many solicitors. "Extremely tenacious and with fantastic attention to detail," her practice focuses on actions against the police and work concerning prisoners and victims of miscarriages of justice. She recently acted for the claimant in Smith v Chief Constable of Sussex, a test case concerning whether the police owe a duty of care in negligence to protect victims from foreseeable threats to life. Completing the roll call of silks here is Geoffrey Robertson QC, one of the best known of them all. "A great commentator on the law as well as one of its finest exponents," Robertson is something of a household name. A founding member and the head of chambers, he epitomises the ethos of his set. Of the juniors, Paul Bowen "finds a way of pushing the boundaries of the law" and is particularly well known for work related to mental health. Stephen Cragg has a thriving practice and received numerous recommendations from interviewees. In a busy and successful year, he appeared before the ECHR in Marper v UK, a case of huge singificance that considered whether the state should be allowed to retain fingerprints and DNA samples of the accused and use them for the purpose of detecting crime. Solicitors agree that Richard Hermer is "as fantastic as he is meticulous and responsive, and good at coming up with angles that you haven't considered yourself." He has appeared in two leading international human rights cases before the House of Lords: Al-Jedda v Secretary of State for Defence and Al-Skeini v Secretary of State for Defence. Henrietta Hill focuses mainly on actions against the police, inquests, employment and discrimination matters. "Excellent in all she does," she "consistently displays a commitment to her work that is the hallmark of Doughty Street as a whole." Andrew Nicol QC is no different in that respect. "Fully committed to his cases, he is always on top of the material, presenting his case in an understated but incredibly effective manner." Within human rights, his focus is on work related to Article 10, criminal cases, and immigration and asylum matters. "Personable and approachable," Martin Westgate is highly regarded for his "phenomenal intellect." "He doesn't detach himself and focus just on the law, but instead looks at how to get the required result - he's always pushing cases forward," according to solicitors. Westgate has acted on a number of cases related to prisoners' rights and police powers. Ian Wise "fights incredibly hard for his clients, and does so with a practical common-sense focus." Alison Gerry specialises in prison law, mental health, community care and inquests, and is also expert in international human rights law and the ECHR. She recently acted in a case concerning a challenge to the forcible treatment of mentally capacitated detained patients, which it was argued breached Articles 3 and 8 of the ECHR. Kate Markus is "fantastically good." Her wide-ranging practice encompasses housing, community care, mental health, health services, asylum support, children, education and prisoners' rights. She recently acted on a case concerning the compatibility of Article 6 with the use of closed material in control order proceedings under the Prevention of Terrorism Act 2005. Patrick O'Connor QC is "extremely good on his feet." He is renowned for his experience of acting in miscarriage of justice cases. "Excellent on her feet and in written work, and open to looking at new areas," Ruth Brander is highly respected. She acted on a successful challenge to the mandatory death penalty in Barbados. Simon Cox's practice focuses on immigration and social security, as well as the interface between these two areas. He is one of a clutch of promising juniors, alongside Aswini Weereratne, who received plaudits for her expertise in mental health-related work. Judith Farbey "is very good and has done an awful lot as a special advocate." She has been involved with a number of prison law cases raising Article 5 issues, and has been involved on some leading control order cases.

 

Legal 500, 2008

Doughty Street Chambers has ' superb clerks' and is the ' pre-eminent claimant set' according to market feedback, being also the only chambers to hold a Specialist Support Contract in Human Rights Law. The scope of the set's work ranges across all relevant fundamental human rights issues, including compensation for human rights violations and the effect of declarations of incompatibility. The ' brilliant' Edward Fitzgerald CBE QC is widely recognised for his advocacy in extradition and death penalty cases. Joint head of chambers Keir Starmer QC will take up post as Head of the CPS and DPP in November. The ' hugely talented and dedicated' Heather Williams QC acted as leading counsel for the claimant in Clibery on the meaning of the term ' miscarriage of justice'. The ' pre-eminent' junior, Phillippa Kaufmannn is recommended, as is her contemporary, the ' excellent' Paul Bowen, and Richard Hermer whose practice straddles international and domestic human rights. Caoilfhionn Gallagher is recognised for work in urgent judicial review proceedings for children in custody. Henrietta Hill has specialist knowledge in claims against the police, and inquests, including the Diana inquest. Kate Markus impresses with her ' fluidity of thinking' and her work regarding control order proceedings. Ruth Brander is recommended, as are Stephen Cragg, Nicholas Bowen and Alison Gerry.