International Law

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Members of the International Law Group have been closely involved with the major human rights cases of the last decade and have been at the forefront of key developments in international law. Although perhaps best known for our work before the European Court of Human Rights and our work in Death Row cases in the Caribbean members have appeared before all of the international Courts and Tribunals charged with the protection of human rights.

Formed in 2002 the International Law Group seeks to consolidate the extensive international experience of many members of chambers and to offer comprehensive expert assistance to those engaged in international law issues and human rights work be they individuals, NGOs or governments.

Members of chambers are used to working individually or as part of a team. We are equipped with all of the facilities that ensure quick communications no matter what the distance, including state of the art video conferencing.

International Advocacy

We are specialist advocates. Members of chambers have appeared before the Privy Council, the European Commission and Court of Human Rights, the European Court of Justice, the Inter-American Commission and Court of Human Rights; the International Court of Justice, the African Commission on Human and Peoples' Rights, the UN Commission on Human Rights and the International Criminal Tribunal for the Former Yugoslavia.

In addition to international Courts, members of the International Law Group have appeared in human rights cases in a number of jurisdictions including the East Caribbean Court of Appeal, the High Court and Court of Appeal of Trinidad, the High Court and Court of Appeal of Belize, the Court of Appeal of the Bahamas, the Court of Appeal of St Lucia, the Court of Appeal of St Vincent, the Court of Appeal of St Kitts, the Malawian High Court, the Fijian High Court, the Malaysian Supreme Court, the Federal Court of Florida and the High Court and Court of Appeal of Australia. Several member of the International Law Group are called to the Bar in other jurisdictions.

Members of the international law group also undertake numerous death row cases from the Caribbean. These include criminal appeals to the Privy Council in London and constitutional motions challenging the implementation of the death penalty. Chambers has been involved in all the major constitutional cases of the last ten years, including Pratt v Morgan (1994; death sentence commuted after prolonged detention on death row), Thomas v Baptiste (2000; stay of execution pending outcome of international proceedings), Lewis v Jamaica (judicial review of mercy committee) and Reyes, Hughes and Fox (quashing of mandatory death penalty in Eastern Caribbean).

Members of the international law group have also forged a reputation at the European Court of Human Rights, appearing in many of the leading cases. This work extends to cases against the UK, France, Greece, Turkey, Spain, Cyprus, Finland and Macedonia. It also includes the presentation of intervening briefs for NGOs such as Liberty, Justice, Article 19, Interrights and the Voluntary Euthanasia Society.

Team Members

Cases

Recent cases include:

Steel and Morris v UK - European Court of Human Rights hearing September 2004 - "McLibel" case - distribution of leaflets criticising McDonalds - fairness of English libel laws and lack of legal aid for defamation proceedings - freedom of expression and right to fair trial.

Jones & Milling, Olditch & Pritchard & Richard v Gloucestershire Crown Prosecution Service [2004] EWCA Crim 1981, The Times 30 July 2004 - Protestors' beliefs as to lawfulness of Iraq war - defences of duress of circumstance/necessity and lawful excuse - international crime of aggression in domestic law.

Matthew v State [2004] UKPC 33; R v Boyce and Joseph [2004] UKPC 32; The Times, 14 July 2004 - Joint appeal from Trinidad and Tobago, Barbados and Jamaica challenging the mandatory death penalty. Heard before a nine law lord Privy Council (largest ever Board) in the most important capital case since Pratt and Morgan v Attorney-General for Jamaica [1994] 2 AC 1.

Independent Publishing Co Ltd v Attorney-General of Trinidad & Tobago, DPP [2004] UKPC 26 - Reporting restrictions re open court hearings in high profile criminal trials - freedom of expression and right to fair trial - constitutionality.

Mitchell, Sampson & Leslie v Captain Ibrahim Al-Daleh & Others - Court of Appeal hearing 11-12 May 2004 - State immunity for torture - individual Saudi officials acting not in official capacity.

Tahsin Acar v Turkey - European Court of Human Rights Grand Chamber - April 2004 - Failure to investigate death - procedural violation of Article 2 ECHR - failure to comply with requests by Strasbourg organs and Article 38 ECHR.

Prosecutor v Kallon (2004) 16 BHRC 252 - Special Court for Sierra Leone Appeals Chamber - March 2004 - Amnesty under Lomé Accord for human rights violations - intervention for amici curiae Redress Trust, Lawyers Committee for Human Rights and International Commission of Jurists.

Prosecutor v Kallon (2004) 16 BHRC 227 - Challenge to jurisdiction of Special Court for Sierra Leone - whether court validly established - Special Court Statute - relationship between Special Court and national court system in Sierra Leone - fair trial guarantees.

Shimidzu v A-G for Gibraltar, Court of Appeal for Gibraltar, Civil Appeal No 17 of 2003, March 2004 - Intervention in this appeal arguing successfully that absence of local provision for award of costs of acquitted defendant is breach of human rights (presumption of innocence and unlawful discrimination).

Worme and Grenada Today v Commissioner of Police - Privy Council 29 January 2004, The Times 5 February 2004 - Criminal libel in Grenada - freedom of expression guaranteed in Constitution.

Roodal v The State (2004) 2 WLR 652 - Successful challenge to mandatory death penalty in Trinidad and Tobago (overruled by Matthew v State and R v Boyce and Joseph).

Haroon Khan v The State (Trinidad and Tobago) PC Appeal No. 28 of 2003 - Capital appeal arguing against the re-introduction of the felony/murder rule in Trinidad; clear acceptance in the judgment that 'due process' and 'protection of the law' concern not only procedures but also substantive law.

Government of the Russian Federation v Akhmed Zakaev - Bow Street Magistrates Court - 13 November 2003 - Successful defence to extradition request from Russia for Chechen leader Akhmed Zakaev - risk of torture and ill-treatment on return.

A v UK (2003) 13 BHRC 623 - European Court of Human Rights - Compatibility of parliamentary immunity with Article 8 and Article 6 ECHR - compatibility of absence of legal aid for libel with Article 6.

Prosecutor v Brdjanin and Talic - Decision on Interlocutory Appeal - International Criminal Tribunal for the former Yugoslavia - 11 December 2002 (IT-99-36-AR73.9) - Qualified privilege from testimony for war correspondents before ad hoc international criminal tribunals.

Hilaire, Constantine and Benjamin et al v Trinidad & Tobago - Inter-American Court of Human Rights (Ser. C) No. 94 (2002) - June 2002 - Successful challenge to the death penalty in Trinidad and Tobago.

Bosch v Botswana - African Commission of Human and Peoples' Rights - May 2002 - Challenge to the execution of Marietta Bosch, who was hung without any notice being given to her family.

What the Directories say

Chambers and Partners Guide to the Legal Profession, 2006

top ranked set in human rights

The vastly experienced Edward Fitzgerald QC is recognised for "his great constitutional knowledge," with peers commending his criminal and prisoners'-rights work in the human rights field. Internationally, his work on death penalty matters in the Caribbean is renowned. "A God of sorts," Keir Starmer QC is "the main man for human rights." A highlight of his year was achieving success for the applicants Steel and Morris in the McLibel case in Strasbourg. His involvement in death penalty cases continues unabated and he has been instructed on numerous torture-related cases, including by a number of NGOs intervening in Jones v Saudi Arabia. Andrew Nicol QC has a "great intellect and is extremely careful and considered." He has acted for both applicants and interveners in various cases in the ECHR. His further representations have seen him appear in courts in the Isle of Man and Trinidad and Tobago.

"Fantastic" Patrick O'Connor QC is also rated by interviewees. He is "amazingly thorough and dedicated" and is particularly lauded for his representation of Zahid Mubarek's family at the public inquiry into his murder by his racist cellmate at Feltham Young Offenders' Institution in 2000. Geoffrey Robertson QC retains a high media profile thanks to his years of experience and writings on human rights law. Founder and head of Doughty Street Chambers, he sits part-time on the Special Court for Sierra Leone. He appeared at the House of Lords in the David Shayler case relating to official secrets, fair trial and free expression, which he is now pursuing in Strasbourg.

Phillippa Kaufmann is "fantastically bright" and a "star" in the eyes of her peers. She is praised for her prison, mental health, inquests and police law work. Throughout the year she has been involved in the May Day 2001 demonstration case, which considered whether the detention of protestors was lawful. She also represented the prisoner in Greenfield, a matter dealing with the awarding of damages under the HRA. A favourite with solicitors, Heather Williams' practice focuses on human rights, in particular actions against the police and discrimination law. She recently co-wrote the Legal Action Group's book on police misconduct.

Paul Bowen is "outstanding" and is viewed as one of the best juniors in the mental health field. He appeared in HL v UK in Strasbourg, concerning the informal detention of an incapacitated man in a psychiatric hospital contrary to Article 5. Also recommended was Stephen Cragg, whose work in the social welfare, community care, policing and deaths in custody areas was well received. He appeared in Djerdjar v Commissioner of Police, involving the issue of damages for the breach of the right to respect for one's private life after a naming and shaming exercise in the press.

Solicitors have the highest regard for Richard Hermer's domestic and international human rights work. Recent cases include Mitchell & others v Saudi Arabia & others, which established a right to civil action for torture victims, and a group action against the Home Office regarding the Yarlswood detention centre fire. Henrietta Hill is noted by solicitors for her skill in discrimination cases but also practises in criminal justice and human rights law. She has won several damages on behalf of victims of post-9/11 Islamophobia, such as Jayyosi v Daimler Chrysler and Siddiqui v Asite.

Ian Wise is "very quick and accessible as a barrister." Strong on judicial review and community care, he practises exclusively in public law. He recently acted in Hooper v UK where damages were awarded for breach of Article 6. Aswini Weereratne is a new entrant to the tables. Her public law work is almost exclusively in the mental health field where she has taken several cases to the ECHR.

last updated November 2005

 

 

Legal 500, 2005

Leading set in Civil Liberties/ Human Rights

Internationally acclaimed for its civil liberties and human rights work, Doughty Street Chambers fields a number of eminent practitioners, and an 'unrivalled team of clerks'. The 'incomparable' Edward Fitzgerald QC recently appeared with leading junior Richard Hermer in the decision relating to suing of foreign torturers in the UK courts.

The acclaimed Keir Starmer QC maintains an active role; he recently advised The Guardian on the UK government's refusal to disclose the Attorney General's advice on the legality of the Iraq war, which raised questions relating to the Freedom of Information Act.

Andrew Nicol QC continues to appear in key human rights cases in the Caribbean, while Andrew Hall QC's outstanding contribution to projects in African countries receives wide applause. A number of exceptional juniors bolster the set's stellar reputation, including Phillippa Kaufmann whose 'excellent command of prison law' earns her particular approval.

Paul Bowen's expertise in disability makes him the choice counsel of many solicitors in the area.

Last updated November 2005