Sir James Eadie KC

Article 50 at [2018] AC 61 and Prorogation at [2020] AC 373

Foreign Secretary intervening in proceedings to determine the ownership of gold held at the Bank of England to certify who was recognized as President of Venezuela.

EU law compatibility of restrictions on residence rights post Brexit to citizens of other member states

Challenge to power to make regulations specifying cost plus fees for applications for British citizenship

Limits on statutory power to obtain information by compulsion from foreign companies

Forum conveniens in cross border divorce and financial settlement

Retrospective application of HRA and required ingredients of an Article 2 compliant investigation

Criminal records certificates and whether system compliant with Article 8 ECHR

Discrimination and life sentence prisoners

Reference by UK government challenging proposed Scottish Parliament legislation post Brexit

Including: Mohamed v SS for Defence [2017] AC 821 and Ramatullah v MOD [2017] AC 649

Principles governing payment of compensation under ECHR for police negligence in investigation of crime (Warbuoys)

Belhaj v Straw [2017] AC 964 (on applicable law and ECHR); and Belhaj [2019] AC 593 (on closed material procedures and the meaning of criminal cause or matter)

Claimants are challenging provisions of the immigration rules requiring that spouses seeking entry have proficiency in English.  (Judgement handed down 18 November 2015.)

Challenge to award of government contracts during pandemic 

Challenge to UK Internal Markets Act on grounds of competence of Welsh Assembly 

Challenge to immigration exemption in Data Protection legislation as incompatible with EU law

Challenge to non-availability of tax exemption for political donations to Brexit organisations

Challenge to Parole Board rules permitting Secretary of State to invite Parole Board to reconsider decisions 

Challenge to decision not to hold public inquiry in relation to allegations of UK involvement in renditions – closed material procedures

Challenge to decision by local authority to permit facilitation of sex with a prostitute for a man in care of local authority – whether criminal offence risked being committed 

Challenge to lawfulness of Covid regulations

Challenge by women born in 1950s to increase in/equalisation of state pension

Challenge to legislation governing details to be provided to landlords by immigrants

Challenges to the existence of the common law principle of foreign active state and the application of state immunity in the context of alleged unlawful rendition and torture. (Supreme Court hearing 9 – 12 November 2015.)

Raising the issue of whether or not it is permissible in principle for a domestic UK court to grant an injunction preventing the transmission of security sensitive material to the European court of Human Rights in Strasbourg. (Hearing in Supreme Court 2 November 2015).

The legality of fast track immigration detention processes in the Court of Appeal. (Judgment handed down 29 July 2015)

Injunction to prevent Panorama revealing the identity of a person  they claimed to be an MI5 agent.

Challenge to ECGD decision to provide financial assistance to construction of major gas production plant in Mozambique.

Challenge to appointments to senior government posts during pandemic on grounds of discrimination

Challenge to decision by Prime Minister under the Ministerial Code on the allegations of bullying against the Home Secretary 

Lawfulness of warrants authorising equipment interference

Challenge to diplomatic immunity of Anne Sacoolas wife of a US diplomatic agent following death of Harry Dunn in road traffic accident

Discrimination in relation to change in legislation governing early release provisions applicable to terrorist prisoners

A challenge to the legality of the imposition of a residence test in the context of legal aid reform (Judgement handed down on 25 November 2015.

Ms Begum challenging her deprivation of citizenship and the lack of ability to participate in UK proceedings from the camp in Syria

Retrospective reach of the Human Rights Act in the context of allegations of breaches of the ECHR in the context of the Northern Ireland ‘troubles’.

Challenges to the ‘2 child’ restriction on benefits – the Supreme Court revisiting a series of generic issues relating to Human Rights Act challenges (including the working of margin of appreciation, the relevance of international law, the use of Parliamentary materials and the Ullah principle)

Rights of non-binary persons to have an ‘X’ marking on their passports

EU lawfulness of compensation arrangements for those detained pending removal

Provision of evidence to the US in support of prosecution on death penalty offence in the US of El Gizouli and El Sheikh

Deportation of foreign national offenders

Detention of juvenile offenders and Article 3 ECHR

Victims of trafficking – relationship between European convention against trafficking and the ECHR

Discrimination and rights of heterosexual couples to a civil partnership

Application of Refugee Convention in Sovereign Base Areas in Cyprus

Whether international humanitarian law can provide a basis for detention in a non-international armed conflict situation. (Hearing in Supreme Court 1 February 2015).

Challenge to retention of DNA and other personal data re convicted persons. (Judgment handed down 13 May 2015).

Allegations of killing in 1948 by British soldiers in Malaya.

Issue 1 – should an article 2 ECHR compliant investigation be ordered in 2015

Issue 2 – should proportionality be a free standard ground of domestic judicial review so as to supplant the concept of rationality. (Judgment handed down on 25 November).

Challenge to Schedule 7 - powers to stop, question and search people at UK ports. (Judgment handed down on 22 July 2015).

Challenge to the compatibility with Article 3 ECHR of the UK system for imposing whole life sentences (hearing in ECHR on 21 October 2015).

A series of challenges in relation to the legality of detention and in relation to whether or not further investigation/enquiry was required under the ECHR. (Judgement from Court of Appeal on 30 July 2015).

Lawfulness of Intelligence Services authorisation of criminal conduct by covert human intelligence sources

Challenge to Abortion Act brought by Downs child

Application of diplomatic immunity in context of allegations of child abuse in the UK – relationship between Vienna Convention on Diplomatic Immunity and ECHR

Terrorist sanctions under UN regime – compatibility of domestic legislation with ECHR

Challenge to ECGD decision to provide financial assistance to construction of major gas production plant in Mozambique

Challenge to ECGD decision to provide financial assistance to construction of major gas production plant in Mozambique

Challenge to general licences for shooting birds

Challenge direction to Natural England in relation to badger culling

Challenge to Ivory Act 2018 prohibiting sale of ivory goods

Advising and representing DEFRA in relation to the proposed badger cull

Challenge to removal of the renewable source energy exemption from the climate change levy

Challenge to suspension of Guernsey fishing licences on grounds of over-fishing

Whether the system for dealing with costs in environmental cases is ‘prohibitively expensive’ under the Aarhuis Convention and EU law

Acting for the Department of Energy and Climate Change, in seeking to resist claims for damages for more than £200 million brought by participants in the solar panel industry. Manufacturers and distributors of solar technology alleged a violation of their property rights by the reason of the making of a proposal by the Department to reduce the subsidy available to the industry for energy produced from renewable resources. The present case follows an earlier challenge by Friends of the Earth alleging that the proposal was unlawful.

Bulk interception by intelligence agencies

Jurisdiction of contracting states in overseas embassies

Whether domestic law failed adequately to protect Max Mosley’s privacy rights under Article 8 ECHR

Wearing of crosses and other religious symbols at work

Greens & MT v the UK; for the UK in the intervention in Scoppola v Italy before the Grand Chamber; and then in the Supreme Court in Chester v Secretary of State for Justice

Christmas islands nuclear detonations

Night noise over London caused by Heathrow flights

Whether domestic law failed adequately to protect Countess Spencer’s privacy rights under Article 8 ECHR

Gibraltar shootings of IRA bombing unity by British forces

Investigative obligations under Article 2

Investigative obligations under Article 2

Homosexual personnel in the armed forces

Deportation and Article 3

Numerous cases relating to military operations abroad including in Bosnia, Iraq and Afghanistan (eg. Bankovic v UK; Al Skeini v UK; Al Jedda v UK; Hasan v UK; Hanan v Germany; Al Jaloud v Netherlands)

 Use of compelled material and self incrimination

Challenge to use of s.23 and s.24 FOIA (national security exemptions) 

Challenge to immigration exemption in Data Protection legislation as incompatible with EU law

Injunction to prevent Panorama revealing the identity of a person they claimed to be an MI5 agent

Prohibiting local authorities from publishing and distributing free local newsletters more frequently than on a quarterly basis

Free space for Government decision making - risk registers

Exemptions applicable to Bush-Blair correspondence in advance of the decision to conduct military operations in Iraq

Affording access to BBC to interview Babar Ahmed

Whether Jon Venables new identity should be revealed to the press following his conviction on child pornography charges

Acting for M15

Acting for MI5

 Application of Public Interest Immunity in the context of inquests

Acted for the Secretary of State for Health

Acting for and advising the Government

Judicial review of the decision not to set up a 2005 Act public inquiry into the murder of Northern Irish solicitor, Patrick Finucane.

Challenge to refusal to set up public inquiry into handling of demonstration at an immigration centre

 Acting for MI5

Whether the Chief Justice of Gibraltar should be removed from office