News & Events

Public Law

UK Covid-19 Inquiry – further OTC involvement

OTC’s Robert Dickason is instructed for the Department of Levelling Up, Housing and Communities in the UK Covid-19 Inquiry. Following the official launch by Baroness Hallett of the UK Covid-19 Inquiry on 21st July 2022, and the commencement of Module 1 focusing on the UK’s preparedness for a pandemic, the process of evidence gathering is already underway. OTC’s Robert Dickason, one of the Attorney-General’s B Panel counsel, is instructed for the Department of Levelling Up, Housing and Communities (formerly the Ministry of Housing, Communities and Local Government). Robert’s instruction reinforces OTC’s involvement in the Inquiry from its outset. See also our recent announcement of Paul Livingston and Joshua Cainer joining the Inquiry’s legal team here. The next 12 months sees…

Covid-19, News, Inquests & Inquiries during Covid-19, Public Law 1 Aug, 2022

UK Covid-19 Inquiry launches with OTC members on legal team

The UK Covid-19 Public Inquiry has now officially opened, headed by Baroness Heather Hallett who has appointed 50 junior Counsel to the legal team including OTC’s Paul Livingston and Joshua Cainer. Baroness Hallett launched the UK Covid-19 Inquiry on 21st July 2022 and opened its first investigation into the preparedness of the UK for a pandemic. Baroness Hallett also set out the timetable for the first 12 months of the Inquiry saying, “It’s time for facts, not opinions – and I will be resolute in my quest for the truth. The Inquiry is already gathering evidence and I will be holding public hearings next year.” The next 12 months sees Module 1 looking into the UK’s preparedness for a pandemic.…

Covid-19, News, Inquests & Inquiries during Covid-19, Public Law 29 Jul, 2022

Alex Cisneros

Alex Cisneros appears in the Court of Protection in MM -V- A City Council

Alex Cisneros appeared in a recent reported case before the Court of Protection, in which the Court investigated an unusual situation involving restrictions imposed on a young man at serious risk of offending. The case involved a young man with a history of offending and variable compliance with authorities. There was a risk, given his offending history and drug and alcohol reliance that the court would be forced to place him in a highly restrictive environment. Ultimately, the local authority adopted a multi-disciplinary approach and a solution was found. Alex Cisneros represented the local authority, who the court thanked for its “hard work” to find a safe placement for the protected party that would not be unnecessary restrictive. The case…

News, Public Law 9 Dec, 2021

John McKendrick QC appears in Supreme Court in JB v A Local Authority

John McKendrick QC, leading Ian Brownhill and Helen Laws, and instructed by Karen Jackson at Enable Law, appeared in the landmark decision of JB v A Local Authority [2021] UKSC 52 – the first time the Supreme Court has considered issues of capacity under the Mental Capacity Act 2005.  Acting for JB’s litigation friend, the Official Solicitor, John appealed the decision of the Court of Appeal that JB was required to understand that his potential sexual partners must consent to have sexual relations with him.  The Supreme Court noted the appeal ‘raises issues of profound significance’ but went on to reject the grounds of appeal advanced. It summarised its findings, holding that: ‘The evaluation of JB’s capacity to make a decision…

News, Public Law 25 Nov, 2021

Brook House Inquiry

Paul Livingston part of the ‘Panorama’ Brook House Inquiry team – hearings start today

Paul Livingston is Junior Counsel to the Brook House public inquiry, set up to investigate mistreatment of individuals detained at Brook House IRC in 2017, as shown on BBC Panorama’s “Under-Cover: Britain’s Immigration Secrets”. Hearings began earlier today with an opening statement from Brian Altman QC, Leading Counsel to the Inquiry.. Chaired by Kate Eves, The Brook House Inquiry is a public inquiry set up to investigate the decisions, actions and circumstances surrounding the mistreatment of individuals who were detained at Brook House Immigration Removal Centre (IRC) shown in the BBC Panorama programme “Under-Cover: Britain’s Immigration Secrets”, aired on 4 September 2017. The Inquiry will consider allegations of mistreatment at Brook House relating to the period from April 2017 to…

News, Public Law 23 Nov, 2021

ACCA v Awodola

Joshua Hitchens successful in the Court of Appeal against ACCA

The Court of Appeal this week handed down judgment in Association of Chartered Certified Accountants v Awodola. Acting on behalf of the Respondent was Joshua Hitchens. The Background Mr Awodola had sought to appeal a decision striking him off as an accountant.  The Association refused his appeal and wrote to him in November 2018 informing of his right to apply for reconsideration of the refusal and for such an application to be considered at an oral hearing. On 01 January 2019, the Association changed its Regulations abolishing the right to an oral reconsideration hearing. On 02 January 2019, Mr Awodola filed his application for an oral hearing supported by written reasons within the 28-day time limit referenced in the November letter.…

News, Public Law 12 Nov, 2021

John McKendrick QC appears in latest adult international protection proceedings

John successfully appeared for the respondent before the High Court in AB v XS [2021] EWCOP 57, before Mrs Justice Lieven. The proceedings, in late October, concerned the welfare of an elderly lady, a British and Lebanese citizen, resident in Beirut, Lebanon. The application sought an order for the return of the lady from Beirut to England and Wales. Lieven J agreed with John’s submissions that she was habitually resident in Lebanon and therefore by application of section 63 of the Mental Capacity Act 2005, orders could not be made under the 2005 Act and that the exercise of the Inherent Jurisdiction on the basis of her British citizenship was inappropriate. She also accepted it was in her best interests to…

News, Public Law 4 Nov, 2021

Joshua Hitchens successful in constitutional rights appeal against the Attorney General of Trinidad and Tobago

Joshua Hitchens acted as part of a team who were successful in a constitutional rights appeal for two appellants who wrongly served additional time in prison in Duncan and Jokhan v Attorney General of Trinidad and Tobago. Joshua Hitchens was led by Anand Beharrylal QC in a constitutional rights appeal against the Attorney General of Trinidad and Tobago for two appellants whom, due to an error by the Court of Appeal in criminal proceedings, were required to serve 29 months in prison after their earliest date of release which they ought not have served. The Privy Council allowed the appeal of Duncan and Jokhan (Appellants) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) [2021] UKPC 17 and the matter was remitted to the…

News, International, Public Law 21 Jul, 2021

Permission granted in Covid-19 Homelessness Judicial Review

The High Court yesterday granted permission to bring judicial review proceedings in The Queen (On the Application of ZLL) v The London Borough of Camden. Joshua Hitchens acts for the Claimant instructed by Derek Bernardi of Camden Community Law Centre. The case relates to the accommodation of homeless people during the pandemic and whether leaving the homeless on the streets during Covid-19 is automatically a breach of the rough sleeper’s rights under Article 3 of the European Convention on Human Rights. Camden considers that the “Everyone In” programme instigated by central government in March 2020, requiring all those at risk of rough sleeping to be accommodated has come to an end. It asserts that only those who have Covid-19 or are symptomatic, those rough…

News, Public Law 16 Jun, 2021

Commission advises EU to say No to Lugano Accession

Yesterday, the European Commission published its assessment of the UK’s application to accede to the 2007 Lugano Convention. The Commission advises the EU to reject the UK’s application to join the Convention for two key reasons. First, the Commission notes that those non-EU countries which have acceded to the Lugano Convention “all participate, at least partly, in the EU’s internal market” – this being by way of the EEA agreement for Norway and Iceland, and a number of bilateral trade agreements for Switzerland. This economic link, or “high degree of economic interconnection”, between those third countries and the EU’s internal market, says the Commission, is a key basis for their accession to the Convention.  By contrast, the Commission says, the…

Brexit, Legal Blog & Publications, News, Public Law, Travel, Public, Travel 5 May, 2021

Tim Nesbitt QC and Alex Cisneros successful in Court of Appeal in the Matter of P (Discharge of Party)

Tim Nesbitt QC and Alex Cisneros were successful this month in a Court of Appeal case, in which the Court of Appeal gives authoritative guidance on the approach required of Court of Protection under Article 6 of ECHR when considering excluding a party from proceedings. The case was an appeal against orders made by Mr Justice Hayden, the Vice-President of the Court of Protection, to exclude the mother of a highly vulnerable 19-year-old woman (“P”) from proceedings relating to the best interests of P. Allegations of sexual abuse by her partner against P had been made and were being investigated by the police. Tim Nesbitt QC and Alex Cisneros represented the  mother, who had been excluded without being given an…

News, Public Law 20 Apr, 2021

Joshua Hitchens successful in wrongful arrest appeal against the Attorney General of Trinidad and Tobago

Joshua Hitchens, led by Anand Beharrylal QC, represented the successful appellant in this appeal against the Attorney General of Trinidad and Tobago for wrongful arrest and false imprisonment of a soldier of the Trinidad and Tobago Defence Force. The soldier of the Trinidad and Tobago Defence Force (‘TTDF’) had been arrested and detained for kidnapping on Christmas Eve before being released without charge late on Boxing Day. The appellant was on duty in TTDF uniform and driving a TTDF vehicle in the company of another soldier when the vehicle was stopped. The appellant was then arrested essentially because he had in his possession $7000 in an envelope and due to a police intelligence report that TTDF soldiers were involved in…

News, Public Law 8 Apr, 2021

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