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).

What the Directories say

Chambers and Partners Guide, 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."