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Jude specialises in judicial review, human rights and media law. He is an expert in arguing novel and high-profile points of law and has acted in 15 cases before the Supreme Court. His practice includes cases involving open justice, surveillance, national security, prisons, police, international law, and women’s rights.

In 2020, Jude was named "Public Law Junior of the Year" at the Legal 500 Bar Awards, “Human Rights and Public Law Junior of the Year” at the Chambers and Partners Bar Awards, and "Lawyer of the Week” in The Times. He was also shortlisted for barrister of the year in The Lawyer awards.

He is called to the bar of Northern Ireland and a member of the Equality and Human Rights Commission panel of counsel.

What the Directories say

Jude is listed as a leading junior in six practice areas in Chambers and Partners and in three practice areas in the Legal 500.

In Chambers and Partners (2021), Jude is highly ranked in administrative and public law, civil liberties and human rights, defamation and privacy, police law, protest law, and inquests and public inquiries.  Feedback includes: “an absolutely top-rate barrister - his work ethic knows no bounds”, “super-bright”, and “a splendid defender of media freedom.”  One opponent was quoted as saying, "Always the best. Your heart sinks when you see him on the other side."

In Legal 500 (2021), Jude is ranked in administrative and public law, civil liberties and human rights, and inquests and inquiries.  Client quotes include: “a genuine star. He has fantastic judgment and excellent writing skills” and, “a superstar in court who makes the case sing. Extremely bright and analytical.”

Publications

  • Joint author: “Judicial Review: A Practical Guide”, Jude Bunting, Hugh Southey QC, Amanda Weston, and Raj Desai (Lexis, 2017)

  • Contributing author: “Patterson & Karim on Judicial Review” (Lexis, 2019)

  • Contributing author: “Supperstone, Goudie & Walker: Judicial Review” (Lexis, 2017)

  • Contributing author: “Livingstone, Owen, and Macdonald on Prison Law” (Oxford, 2015)

  • Contributing author: “Halsbury’s Laws, Volume 88A: Rights and Freedoms” (Butterworths, 2013)

Administrative and Public Law

Jude is a public law expert. He appears for and advises claimants, companies, public interest groups, and media organisations. He has acted in public law claims at every level including in open justice, prison, national security, women’s rights, national security and criminal justice cases. 

Recent cases include:

  • R (Huxtable) v Secretary of State for Justice [2021] 1 WLR 1569. Pending Court of Appeal challenge to Parole Board “reconsideration” scheme.

  • R (Jalloh) v Secretary of State for the Home Department [2021] AC 262. An unlawful immigration curfew amounts to false imprisonment. 

  • R (Motherhood Plan) v HM Treasury [2021] EWHC 309 (Admin). Discrimination challenge to COVID-19 support payments for self-employed workers.

  • In Re Brian Turley [2021] NICA 10. Successful challenge to failure to fund the Northern Ireland troubles “Victim’s Pension” scheme.

  • R (Maughan) v HM Senior Coroner for Oxfordshire [2020] 3 WLR 1298. Supreme Court changes the law on the correct approach to the standard of proof in inquests.

  • R (British Pregnancy Advisory Service) v Secretary of State for Health and Social Care [2020] 1 WLR 3240. Court of Appeal re-interprets the upper time limit for lawful abortions.

Media Law and Defamation

Jude is an expert in open justice issues and regularly represents the media in challenges to reporting restriction orders, in contempt issues, and in applications to obtain Court material.  Jude is one of a small number of barristers who specialise in issues relating to the protection of journalists and their source material. 

Recent first-instance challenges include acting for The Sun in a high-profile immigration appeal, for The Guardian on the Undercover Policing Inquiry, and for a group of media organisations in the Hillsborough criminal trials, in the prosecution of Lucy Letby, and the Manchester Arena inquiry.

Key authorities include:

  • R (Rai) v Crown Court at Winchester [2021] EWHC 339 (Admin). Pending Court of Appeal challenge regarding the correct approach to reporting restrictions in criminal trials.

  • Cape Intermediate Holdings Ltd v Dring [2020] AC 929.  Landmark Supreme Court authority on third-party applications for Court material. Jude was instructed, alone, for the Media Lawyers Association.

  • Google (France) (C-507/17).  Court of Justice for the European Union gives guidance on the global application of the “right to be forgotten”.  Jude acted for 13 NGOs which specialise in the defence of human rights and online freedom of expression in Africa, Asia, Latin America and Europe.

  • Re C (A Child) (Publicity) [2016] 1 WLR 5204. Final judgment of Lord Dyson MR. Application of open justice principles in high-profile family law proceedings.

  • R v F [2016] 2 Cr App R 13. Contempt of court in the internet age. Court of Appeal decision on media responsibility for comment threads on social media.

  • R (C) v Secretary of State for Justice [2016] 1 WLR 444.  Jude acted, alone, for the Media Lawyers Association in this Supreme Court appeal about anonymity for mental health litigants.

Jude provided pre-publication advice to national newspapers and broadcasters (including The TimesThe Guardian, and the BBC) between 2007 and 2017. 

Freedom of Information and Data Protection

Jude has acted in a number of claims testing the boundaries of information law in contexts such as national security, prison law, public law, and civil actions against state bodies. Jude is also an expert on the law of surveillance and data retention, having acted in a number of the claims brought in relation to mass surveillance programmes. 

Recent cases include:

  • R (Liberty) v Secretary of State for the Home Department [2020] 1 WLR 243. Jude acted for the National Union of Journalists in an article 10 challenge to bulk surveillance powers in the Investigatory Powers Act 2016.

  • Privacy International v Information Commissioner (2019). Appeal against refusal to provide information relating to “IMSI catchers”, a covert police surveillance technique.

  • Malnick v Information Commissioner (2018). First-tier Tribunal allows appeal against refusal of access to advice given to Tony Blair relating to post-office employment.

  • Blowe v Information Commissioner (2018). Successful appeal against refusal to provide information relating to referrals of anti-fracking protesters to the Prevent programme.

  • Information Commissioner v Advisory Committee on Business Appointments [2018] UKUT 72 (AAC). Upper Tribunal clarifies correct approach to the exemption under s.36 Freedom of Information Act 2000.

  • Google (France) (C-507/17).  Court of Justice for the European Union gives guidance on the global application of the “right to be forgotten”.  Jude acted for 13 NGOs which specialise in the defence of human rights and online freedom of expression in Africa, Asia, Latin America and Europe.

Actions Against the Police and Public Authorities

Jude is regularly instructed in cutting-edge civil claims against public authorities, including the police, security services, and government departments.

Key authorities include:

  • R (Jalloh) v Secretary of State for the Home Department [2021] AC 262. Supreme Court clarifies the law on what amounts to an imprisonment for the purposes of the tort of false imprisonment.

  • Zenati v Commissioner of Police of the Metropolis [2015] QB 758.  Court of Appeal finds that prosecuting authorities can be liable in damages claims for delay in criminal investigations.

  • Copeland v Commissioner of Police of the Metropolis [2015] 3 All ER 391.  Key Court of Appeal authority on the correct identity of a prosecutor for the purposes of malicious prosecution.

Prison Law and Criminal Justice

Jude has considerable experience in representing prisoners at every level, from the Parole Board to the European Court of Human Rights. He has appeared in a number of the most important prison law claims of recent years, including:

  • R (Huxtable) v Secretary of State for Justice [2021] 1 WLR 1569. Pending Court of Appeal challenge to Parole Board “reconsideration” scheme.

  • R (Stott) v Secretary of State for Justice [2020] AC 51. Supreme Court judgment on the human rights-compliance of extended sentences.

  • R (Hopkins) v Secretary of State for Justice [2019] EWHC 2151 (Admin). High Court orders an oral hearing of a Category A review.  Jude has successfully obtained oral hearings in four recent claims.

  • R (Haney and others) v Secretary of State for Justice [2015] AC 1344. Supreme Court holds that the Secretary of State owes a duty of rehabilitation to individual prisoners. Jude acted for the lead appellant.

  • Faulkner v Parole Board [2013] 2 AC 254. Key Supreme Court authority on damages under the Human Rights Act 1998.

Jude has also significant experience in challenging decisions of criminal courts, prosecutors, and investigators before and in arguing complex points of criminal law in the appellate courts.  Recent cases have included:

  • Pwr v Director of Public Prosecutions [2020] 1 WLR 3623. Divisional Court considers whether it is a terrorism offence to fly a flag at a protest. Listed in the Supreme Court in November 2021.

  • R v Thacker (Edward) [2021] EWCA Crim 97. The “Stansted 15” appeal. Jude acted for Liberty.

  • R v Richards (Tony) [2020] 1 WLR 3344. Filming a sexual partner without their consent amounts to voyeurism.

  • R v Roberts (Richard) [2019] 1 WLR 2577. Successful appeal against sentence in high-profile protest case. Jude acted for Liberty.

  • R v Johnson (Lewis) [2017] 1 Cr App R 12. Key Court of Appeal authority on the correct approach to out-of-time appeals in change-of-law cases.

  • Jogee v DPP [2017] AC 387. Supreme Court overturns the common law of joint enterprise.  Jude acted for the intervener, JENGbA.

Inquiries and Inquests

Jude acts for the families of the deceased in judicial review and civil claims arising out of inquests.

Recent authorities include:

  • R (Maughan) v HM Senior Coroner for Oxfordshire [2020] 3 WLR 1298. Supreme Court changes the law on the correct approach to the standard of proof in inquests.

  • R (Birks) v Commissioner of Police of the Metropolis [2018] ICR 1400. Jude acted for the family of Sean Rigg in this judicial review challenge to the suspension of an officer who was involved in Sean Rigg’s death.

  • In re Hughes’ application for judicial review [2018] NIQB 30. Successful challenge to the refusal of the First Minister for Northern Ireland to permit funding of legacy inquests.

Jude also represents families in high-profile inquests which raise concerns about failures on the part of state agencies.  Recent cases include a number of inquests in Troubles-related deaths, the inquest into the death of Rashan Charles, the inquest in the terrorist attack at Fishmonger’s Hall, and the neglect verdict following the death of Duncan Tomlin.

Jude has regular experience in public inquiries.  He is currently instructed by the media in the Undercover Policing inquiry and the Manchester Arena inquiry and by a core participant in the Brook House inquiry.