HUMAN RIGHTS BARRISTERS

HELPING DEFEND PUBLIC LAW AND HUMAN RIGHTS LAWS

Libertas Chambers enjoys a leading reputation at the public law and human rights bar.

Our barristers frequently appear in the Administrative Court and Upper Tribunal in judicial review hearings and administrative appeals.

We help our clients pursue public law challenges against all public authorities, including government departments, courts and tribunals, coroners, the police, housing authorities, schools and prisons.

Judicial Review

Judicial Review proceedings enable challenges to decisions made by Courts and Tribunals, by regulators and by bodies whose public functions impact individuals and companies.

This jurisdiction is an essential protection of the individual’s rights against administrative irrationality or excess.

We have specialist experience seeking Judicial Review in cases flowing from our other practice areas, challenging decisions in criminal and quasi-criminal investigations.

Members have acted for claimants seeking to challenge decisions made by the police, the Ministry of Justice, the Home Office, the Crown Prosecution Service, the Criminal Cases Review Commission (CCRC), the Information Commissioner, the Asset Recovery Agency, the Legal Services Commission, the Magistracy, Judges and various Tribunals.

These cases have included:

• challenges to the lawfulness of pre-charge search warrants
• decisions to prosecute children
• actions by solicitors resisting Special Procedure search warrants
• challenges to the legality of the application of the sending procedure by Magistrates Courts
• preserving the anonymity of young offenders in extreme cases
• the applicability of the reasonable time requirements in Article 6 to enforcement of Confiscation Proceedings
• decisions on appellate referral by the CCRC
• treatment of prisoners and the review of Parole Board decisions.

Criminal Trials

Within the criminal trial process, our members have expertise at first instance on:

• domestic appeal and applications in the European Court of Human Rights and the OHCHR
• challenging a range of human rights violations, as well as the compatibility of primary and secondary legislation with the European Convention for the Protection of Fundamental Human Rights and Freedoms (ECHR) such as the hearsay provisions in CJA 2003,
• the reverse burden in s.90 Financial Services Act 2012
• the Attorney-General’s exercise of the right of nolle prosequi

We act nationally and internationally for people whose human rights are in issue in other forums, including actions against the police, extradition, international law, prisoners’ rights, and at Coronial Inquests.

Why Choose Our Human Rights Barristers?

Libertas Chambers’ members have advised and acted on behalf of individuals, governmental organisations and major NGOs in providing international human rights expertise.

Our members provide advice and representation in cases concerning Prison Law, including issues relating to prisoners’ welfare, Parole Board hearings, and the release and recall of prisoners.

Coronial Inquests engage the rights of many groups; members have experience representing interested parties, insurers and the families of the deceased. We offer particular expertise where there is a potential engagement of criminal or regulatory proceedings, acting for insurers and their policyholders.