Ben Jaffey KC

The European Court of Human Rights held that the Claimants who were resident outside of the UK had a right of privacy under Article 8 in relation to GCHQ’s bulk surveillance operations. The Court held for the first time that a person outside the UK enjoys protection from invasions to privacy committed in the UK. Ben acted for the Applicants in the European Court of Human Rights and the UK Investigatory Powers Tribunal.

Ben acted for the NGO applicants in the Grand Chamber of the European Court of Human Rights in the leading case on bulk surveillance. Ben also acted in all of the ongoing litigation on the same issues in the UK Investigatory Powers Tribunal.

Ben acted for the Mayor of London and TfL in defending the lawfulness of the extension of the ULEZ to the whole of Greater London.

Ben acted for Campaign Against Arms Trade in a challenge to the lawfulness of arms exports to the Kingdom of Saudi Arabia. Divisional Court

Successfully established right to legal aid for migrants seeking refugee status in the British Indian Ocean Territory.

Acted for Liberty in ongoing challenge to the lawfulness of parts of the Investigatory Powers Act 2016. Currently pending on remittal from the Court of Appeal to the Divisional Court.

Acted for Lord Chancellor in the Court of Appeal successfully defending provisions of Children Act that provide that parental responsibility is irrevocable in some cases.

Acted for ORG and 3Million in two judicial reviews, both in the Court of Appeal about the immigration exemption to the rights in the General Data Protection Regulation.

Acted for Palestinian refugee in Supreme Court claim about the territorial scope of the Public Sector Equality Duty.

Acted for AtC in challenge to the failure to adequately preserve WhatsApp and other ephemeral and automatically deleting messages in government.

Acted for Charity Commission in test case concerning challenge to Charity Commission guidance about ethical investment and climate change.

The High Court in Northern Ireland held that the Northern Irish school curriculum for religious education is in breach of the ECHR rights of a child and her father. The Court held that the curriculum is not sufficiently objective, critical and pluralistic. Ben acted for the Claimant.

The Divisional Court quashed the Home Office’s decision to refuse of security clearance to Mr Eric Kind, who was offered the position of Head of Investigations for the Investigatory Powers Commissioner’s Office. Ben acted for the Claimant.

Acted for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition. Court of Appeal.

The Court of Appeal upheld the Administrative Court’s decision that a trans man who gave birth to a child must be registered as the child’s mother. The Court held that this did not breach the Gender Recognition Act 2004 or Articles 8 or 14 of the ECHR. Successfully acted for the Registrar General and the Secretaries of State.

Successfully represented Arts Council in resisting attempt by owner of Giotto painting to remove it from the UK and EU and prevent its return to Italy. Appeal pending in the Court of Appeal.

Challenge to previously secret policy of authorising MI5 agents to commit serious criminal offences in the UK. Representing Privacy International, Reprieve and others. Court of Appeal.

Acting for Mayor of London in Court of Appeal challenge to authorisation of a Heathrow Third Runway. 

Successfully challenged ‘ouster’ clause in Supreme Court preventing judicial review of decisions of the Investigatory Powers Tribunal.

Challenge to refusal of government to allow the Chagossian people to return to British Indian Ocean Territory. Court of Appeal.

Leading transgender rights case. Should a transgender man (female to male) who gives birth to a child be recorded as ‘father’ or ‘mother’ on the child’s birth certificate? Successfully acted for Secretaries of State arguing that a trans man was a ‘mother’.

Successfully represented 6 High Court and Court of Appeal judges in Equality Act 2010 age and race discrimination challenge to reduction in judicial pensions (Court of Appeal).

Successfully acted for ClientEarth in challenge to the UK’s failure to meet air quality standards in London and other major urban areas. At present, it is estimated that over 20,000 early deaths each year are caused by the UK’s failure to meet EU air quality standards. The Court ordered a full reconsideration of the air quality plans for the entire country. The Government has accepted the decision and new clean air zones will be introduced across the UK.

Successfully acted for PLP in Supreme Court challenge to the residence test for judicial review.

Representing Charity Commission in litigation concerning the use of a charity to facilitate £176m tax avoidance scheme.

Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays. Court of Appeal.

Successfully acted for ClientEarth in EU law challenge to the UK’s failure to meet air quality standards in London and other major urban areas.

Acting for David Davis MP and Tom Watson MP in Court of Justice of the European Union in challenge to the requirements of the Data Retention and Investigatory Powers Act 2014.

Successfully acted for SSHD in challenge about stop and search under s. 60 CJPOA 1994. Supreme Court.

Acted in several Supreme Court appeals arising out of UK detention operations in Afghanistan and Iraq, and ‘extraordinary rendition’ operations.

Successfully acted for Libyan families in claim in the Investigatory Powers Tribunal about the protection of legal professional privilege when individuals may be under surveillance. First claim where a complaint to the IPT against the Security and Intelligence Services has ever been upheld.

Successfully acted for Libyan family in Supreme Court in claims about UK involvement in rendition and torture.

Successful reference to the CJEU in case about mass collection of ‘bulk communications data’. The CJEU held that the UK arrangements were contrary to EU law.

Successfully acted for the Registrar General defending claim by male to female transsexual who wished to change her name and gender as recorded on her childrens’ birth certificates.

Successfully acted for Guardian journalist in freedom of information case about Prince Charles’ letters to Ministers (Supreme Court).

A successful claim for habeas corpus for a detainee in Bagram, Afghanistan.

Acting for a marriage registrar who refused to conduct civil partnerships on grounds of religious belief.

Acted for the AIRE Centre in support of the appeal to the Supreme Court in this important human trafficking and modern slavery case.

Acted for Liberty in Supreme Court case concerning the admissibility of evidence that may have been obtained by torture.

Acted for Mayor of London in successfully defending challenge to emergency pandemic road measures in the City of London. Court of Appeal.

The European Court of Human Rights held that the Claimants who were resident outside of the UK had a right of privacy under Article 8 in relation to GCHQ’s bulk surveillance operations. The Court held for the first time that a person outside the UK enjoys protection from invasions to privacy committed in the UK. Ben acted for the Applicants in the European Court of Human Rights and the UK Investigatory Powers Tribunal.

Ben acted for the NGO applicants in the Grand Chamber of the European Court of Human Rights in the leading case on bulk surveillance. Ben also acted in all of the ongoing litigation on the same issues in the UK Investigatory Powers Tribunal.

Ben acted for the Mayor of London and TfL in defending the lawfulness of the extension of the ULEZ to the whole of Greater London.

Ben acted for Campaign Against Arms Trade in a challenge to the lawfulness of arms exports to the Kingdom of Saudi Arabia. Divisional Court

Successfully established right to legal aid for migrants seeking refugee status in the British Indian Ocean Territory.

Acted for Liberty in ongoing challenge to the lawfulness of parts of the Investigatory Powers Act 2016. Currently pending on remittal from the Court of Appeal to the Divisional Court.

Acted for Lord Chancellor in the Court of Appeal successfully defending provisions of Children Act that provide that parental responsibility is irrevocable in some cases.

Acted for ORG and 3Million in two judicial reviews, both in the Court of Appeal about the immigration exemption to the rights in the General Data Protection Regulation.

Acted for Palestinian refugee in Supreme Court claim about the territorial scope of the Public Sector Equality Duty.

Acted for Palestinian refugee in Supreme Court claim about the territorial scope of the Public Sector Equality Duty.

Acted for AtC in challenge to the failure to adequately preserve WhatsApp and other ephemeral and automatically deleting messages in government.

Acted for Charity Commission in test case concerning challenge to Charity Commission guidance about ethical investment and climate change.

The High Court in Northern Ireland held that the Northern Irish school curriculum for religious education is in breach of the ECHR rights of a child and her father. The Court held that the curriculum is not sufficiently objective, critical and pluralistic. Ben acted for the Claimant.

The Divisional Court quashed the Home Office’s decision to refuse of security clearance to Mr Eric Kind, who was offered the position of Head of Investigations for the Investigatory Powers Commissioner’s Office. Ben acted for the Claimant.

Acted for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition. Court of Appeal.

The Court of Appeal upheld the Administrative Court’s decision that a trans man who gave birth to a child must be registered as the child’s mother. The Court held that this did not breach the Gender Recognition Act 2004 or Articles 8 or 14 of the ECHR. Successfully acted for the Registrar General and the Secretaries of State.

Successfully represented Arts Council in resisting attempt by owner of Giotto painting to remove it from the UK and EU and prevent its return to Italy. Appeal pending in the Court of Appeal.

Acted for the AIRE Centre in support of the appeal to the Supreme Court in this important human trafficking and modern slavery case.

Challenge to previously secret policy of authorising MI5 agents to commit serious criminal offences in the UK. Representing Privacy International, Reprieve and others. Court of Appeal.

Successfully acted for QFC Regulatory Authority in application to commit major UAE bank for contempt for non-compliance with Court orders, and successful applications for cross-jurisdictional disclosure in investigations of allegations of currency manipulation during Qatar-UAE blockade.

Acting for Mayor of London in Court of Appeal challenge to authorisation of a Heathrow Third Runway. 

Successfully challenged ‘ouster’ clause in Supreme Court preventing judicial review of decisions of the Investigatory Powers Tribunal.

Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays. Court of Appeal.

Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays. Court of Appeal.

Challenge to refusal of government to allow the Chagossian people to return to British Indian Ocean Territory. Court of Appeal.

Leading transgender rights case. Should a transgender man (female to male) who gives birth to a child be recorded as ‘father’ or ‘mother’ on the child’s birth certificate? Successfully acted for Secretaries of State arguing that a trans man was a ‘mother’.

Acting for Libyan family subject to ‘extraordinary rendition’ from the Far East to Gaddafi’s Libya. Claim against HM Government, Jack Straw MP and MI6 senior official. Succeeded in Supreme Court.

Successfully represented 6 High Court and Court of Appeal judges in Equality Act 2010 age and race discrimination challenge to reduction in judicial pensions (Court of Appeal).

Successfully acted for ClientEarth in challenge to the UK’s failure to meet air quality standards in London and other major urban areas. At present, it is estimated that over 20,000 early deaths each year are caused by the UK’s failure to meet EU air quality standards. The Court ordered a full reconsideration of the air quality plans for the entire country. The Government has accepted the decision and new clean air zones will be introduced across the UK.

Successfully acted for PRP in challenge to recognition of IMPRESS under the Leveson Royal Charter Scheme for press regulation.

Acted for Afghan detainee in Supreme Court case about the legality of British armed forces detention operations abroad. Successful in Supreme Court.

Successfully acted for PLP in Supreme Court challenge to the residence test for judicial review.

Representing Charity Commission in litigation concerning the use of a charity to facilitate £176m tax avoidance scheme.

Successfully acted for ClientEarth in EU law challenge to the UK’s failure to meet air quality standards in London and other major urban areas.

Acting for David Davis MP and Tom Watson MP in Court of Justice of the European Union in challenge to the requirements of the Data Retention and Investigatory Powers Act 2014.

Acting for Afghan interpreters who worked for British forces in challenge to resettlement scheme. Court of Appeal.

Acted in Investigatory Powers Tribunal for Privacy International in case concerning the legality of arrangements for computer hacking by GCHQ.

Acted for Parliamentarians in challenge to Security Services’ arrangements for protection of MPs communications under the ‘Wilson doctrine’.

Successfully acted for SSHD in challenge about stop and search under s. 60 CJPOA 1994. Supreme Court.

Acting for Secretary of State in judicial review claim about whether Sport England acted lawfully in declining to recognise bridge as a sport.

Acted in several Supreme Court appeals arising out of UK detention operations in Afghanistan and Iraq, and ‘extraordinary rendition’ operations.

Successfully acted for Libyan families in claim in the Investigatory Powers Tribunal about the protection of legal professional privilege when individuals may be under surveillance. First claim where a complaint to the IPT against the Security and Intelligence Services has ever been upheld.

Successfully acted for Libyan family in Supreme Court in claims about UK involvement in rendition and torture.

Successful reference to the CJEU in case about mass collection of ‘bulk communications data’. The CJEU held that the UK arrangements were contrary to EU law.

Successfully acted for the Registrar General defending claim by male to female transsexual who wished to change her name and gender as recorded on her childrens’ birth certificates.

Successfully acted for Guardian journalist in freedom of information case about Prince Charles’ letters to Ministers (Supreme Court).

Acting for PLP in challenge to the residence test for legal aid.

Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.

Successfully acted for Secretary of State in Court of Appeal challenge by Pressbof to Royal Charter press recognition body.

Acting for the Home Secretary in actions brought by large numbers of prisoners concerning prison sanitation.

A successful claim for habeas corpus for a detainee in Bagram, Afghanistan.

Acting for a marriage registrar who refused to conduct civil partnerships on grounds of religious belief.

Successfully acted for a director of Bank Julius Baer in lengthy trial in the Upper Tribunal, defeating all of the FCA’s allegations, including a lack of integrity.

Acted for Barclays in challenge to timeshare mis-selling test case decisions by the Financial Ombudsman.

Acting for Ofgem in challenge to its decision to introduce minimum capital requirements for UK energy companies.

Successfully acted for LSE in defending challenge to lawfulness of steps taken by the AIM Disciplinary Committee.

Successfully acted for QFC Regulatory Authority in application to commit major UAE bank for contempt for non-compliance with Court orders, and successful applications for cross-jurisdictional disclosure in investigations of allegations of currency manipulation during Qatar-UAE blockade.

Acting for State of Ukraine defending a $3 billion claim brought by Russia for non-repayment of Eurobonds. Successful in Court of Appeal. Pending in Supreme Court. Cases raises issues of foreign act of state and justiciability of the threats made against Ukraine by Russia.

Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays. Court of Appeal.

Disciplinary proceedings before FRC Tribunal concerning collapse of large UK company.

Successfully acted for D&T before FRC Appeals Panel and in claim for judicial review in disciplinary proceedings arising out of the takeover of MG Rover by the Phoenix Four.

Acted for QFC Regulatory Authority in appeal by regulated person to QFC Tribunal.

Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.

Judicial review against FSA for failure to give proper reasons in a decision notice.

Acted for Respondent in appeal by FCA to the Court of Appeal in prohibition order and market abuse case.

Successfully acted for the Qatar Financial Centre Regulatory Authority (“QFCRA”) in the first challenge before the QFC Regulatory Tribunal by individuals to a decision notice of the QFCRA. The appeals concerned the collapse of Al Mal Bank LLC.