Human Rights

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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.

• Post Traumatic Stress Disorder - Autumn Seminar

  Wednesday 1 October 2008 from 18:00 to 21:00

  Presenters: Dr. Stuart Turner, Professor Martin Conway and Richard Hermer Location: The Spy Room, The Honourable Society of Gray's Inn, 8 South Square, London WC1 5ET Cost: 30 (incl.VAT) CPD : …

  
  

• JUSTICE/Sweet & Maxwell Human Rights Law Conference 2008

  

  Tuesday 21 October 2008 from 09:00 to 17:00

  venue : Holiday Inn Bloomsbury Coverage includes: Criminal law The Equality and Human Rights Commission Immigration and asylum Human rights and the EU Judicial review Counter-terrorism …

  
  

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

Chamber & Partners, 2008

For many, the name Doughty Street has become synonymous with the protection of human rights and civil liberties. Its multifaceted team handles a wide range of human rights related work, "never giving of less than its best." "One of the boldest and bravest lawyers in this area for a decade," the "phenomenal" Edward Fitzgerald QC commands immense respect. "He has boundless enthusiasm," say interviewees. "Ideas keep popping out of his head, and most of them turn out to be real belters." The effort and energy that Keir Starmer QC puts into his work is "just outstanding. He ploughs his way through the work to get right to the nub of the issue, and then presents arguments brilliantly in court." He has acted on several of the most important and high profile human rights cases of recent times, including A v Secretary of State for the Home Department, in which the House of Lords decided that evidence obtained by torture cannot be used in any proceedings in the UK. "Absolutely awe-inspiring in terms of intellect," Andrew Nicol QC fills clients with "complete confidence." His recent work has included a case before the Special Immigration Appeals Commission that considered whether diplomatic assurances from the Libyan government were capable of displacing a real risk of terror suspects facing torture on return to Libya. Geoffrey Robertson QC continues to garner widespread acclaim. He was lead counsel in Jameel v Wall Street Journal, a landmark case that enables the media in the United Kingdom to defend against libel actions by claiming that stories are in the public interest. Patrick O'Connor QC is described as "one of the top silks for international work," while solicitors speak extremely highly of Heather Williams QC. "One of the best silks for police and prison law," her work has included Home Office v Butchart. In this case, the Court of Appeal accepted that the duty of care owed by prison authorities to detainees encompasses a duty to take reasonable steps to prevent detainees suffering psychiatric injury whilst in custody. Interviewees agree that Phillippa Kaufmann is "simply brilliant - no one can compete with her when it comes to prisoners' rights." Her "ferocious intellect" has a disarming effect on peers. One seasoned lawyer admitted: "She makes me feel like I'm wearing short trousers." Solicitors are full of admiration for Paul Bowen's "can-do spirit." One explained: "He is always on top of issues and looking for a new angle, trying to push the boundaries." Recent work includes JE v DE, a case that considered whether the removal of an incapacitated adult from his home to a residential care home amounted to deprivation of liberty under Article 5. "Impressive performer" Richard Hermer has been involved with some of the most talked-about cases, including Al-Jeddah v Secretary of State for Defence. Not only "imaginative and hard-working," he impresses solicitors with his understanding of both private and public law. Stephen Cragg met with enthusiastic approval from interviewees. His received plaudits for his work on Marper v UK, which concerned the retention of DNA samples for unconvicted persons and Articles 8 and 14. Henrietta Hill is, according to many, "someone that will soon be flying very high." A barrister who "puts 100% into everything," Hill specialises in discrimination law and actions against the police. The fact that the personable Kate Markus is attuned to the needs of her clients makes her a favourite among several solicitors. "She is very co-operative, and really engages with a case," explained one. She appeared in R (McCall) v Birmingham City Council, a case that looked at the legality of local authority policy regarding the payment of residence order allowances. "Absolutely fantastic" with clients, Ian Wise "puts maximum effort into every case. He really has passion for what he does, and you can rely on him to fight all the way." Ruth Brander is establishing a reputation as a highly capable human rights lawyer with "maturity way beyond her years." Amnesty International instructed her in its intervention in the House of Lords in A & Others Anti-terrorism Crime and Security Act detainees. Experienced in immigration and welfare rights law, Simon Cox is "always keen to take on a hard case and investigate a novel argument." This year he acted in cases concerning controls on income for persons listed by the United Nations as terrorists. Alison Gerry's practice encompasses prisoners' rights, mental health, community care, inquests and related public law, as well as crime. She lately acted as junior counsel in a case challenging the forcible treatment of mentally incapacitated detained patients. In the area of mental health, Aswini Weereratne has exhibited "a knowledge of the issues that is second to none," while sources agree that Martin Westgate "has proved himself to be gifted at the Bar. He has an amazing brain and a sensible approach."

Legal 500, 2007

With human rights issues integral to all its work areas, Doughty Street Chambers offers outstanding expertise. Edward Fitzgerald QC is much admired for both his technical skills and impressive advocacy. He is renowned for his long-term involvement in death penalty cases before the Privy Council and more recently a number of high-profile extradition cases. Keir Starmer QC is described as having 'an understanding of human rights across Europe that is second to none'. His recent work includes leading a team of interveners in the House of Lords Al-Skeini case, challenging the government over inquiries into deaths in Iraq. Heather Williams QC's practice focuses upon actions against the police and related miscarriages of justice. She represented one of the 'Cardiff Newsagent Three' in a successful civil claim for non-financial losses. 'Tremendous' Phillippa Kaufmann is considered one of the best juniors at the human rights Bar with a broad practice that includes the human rights aspects of mental health work. She recently appeared in a case regarding the compatibility of a patient's human rights with a hospital seclusion policy. Paul Bowen is described as 'thoughtful and academic', and a lawyer who 'pushes the boundaries'. Richard Hermer, who is instructed in a number of claims by Iraqi citizens alleging torture and mistreatment by UK troops, is also highly regarded for his domestic work and was the lead counsel in a group action by methadone-dependent prisoners. John Jones is recommended for his work on war crimes and extradition cases, while Kate Markus has outstanding expertise in mental health-related human rights cases. Robert Latham is described as 'very thorough with an emphasis on detail', and Henrietta Hill was the recipient of the prestigious Peter Duffy Award at the Human Rights Awards 2006 for her pro bono work.