5 Essex Court

Jeremy Johnson QC

Call 1994
Silk 2011

Public / Administrative

Jeremy acts for both claimants and defendants in all areas of public and administrative law, but particularly in relation to claims concerning human rights and civil liberties, criminal law and public protection, immigration and asylum and police/prisons.

Notable Public/Administrative Law cases, many of which include human rights:

R (Roberts) v Commissioner of Police of the Metropolis [2016] 1 WLR 210, Supreme Court - whether the power of stop and search conferred by s60 Criminal Justice and Public Order Act 1994 is compatible with Arts 5 and 8 ECHR (and whether its use breached Art 14 ECHR)

R (Catt) v Association of Chief Police Officers (and another), and related case [2015] AC 1065, Supreme Court - whether the retention of intelligence relating to the claimant’s participation in demonstrations breached Art 8 ECHR. And whether the retention of a police warning letter sent to another claimant breached Art 8 ECHR.

R (XX) v Secretary of State for the Home Department and another [2015] ACD 72 - whether the Child Sex Offender Disclosure Scheme is compatible with Art 8 ECHR

R (TD) v Commissioner of Police of the Metropolis and another [2014] ACD 7, Court of Appeal - whether the continued retention of records relating to an unfounded allegation of sexual assault made nine years earlier was unlawful

R WL (Congo) and KM (Jamaica) v Secretary of State for the Home Department [2012] 1 AC 245, Supreme Court - challenge to the Secretary of State’s policy for the detention of foreign national prisoners pending deportation. Heard before a panel of 9 Supreme Court Justices in November 2009

R (F and Thompson) v Secretary of State for the Home Department [2011] 1 AC 331 Supreme Court - whether the regime requiring sex offenders to comply with notification obligations for an indefinite period without a right of review was compatible with article 8 of the European Convention on Human Rights.

Seal v United Kingdom [2012] 54 EHRR 6 European Court of Human Rights - whether the requirement to obtain the leave of the High Court under section 139(2) of the Mental Health Act 1983 before commencing civil proceedings is compatible with articles 6 and 14 of the European Convention on Human Rights.

R (Purdy) v Director of Public Prosecutions [2010] 1 AC 345 House of Lords - whether the Code for Crown Prosecutors was sufficient to satisfy the legality requirement of article 8 of the European Convention on Human Rights in assessing how prosecutorial discretion was likely to be exercised in cases of assisted suicide under the Suicide Act 1961.

Secretary of State for the Home Department v AF [2010] 2 AC 269 House of Lords - whether the system of special advocates in control order proceedings, and the linked disclosure regime, complied with article 6 of the European Convention on Human Rights.

R v G [2009] 1 AC 92 House of Lords - whether the offence of rape under section 5 Sexual Offences Act 2003 was compatible with article 8 of the European Convention on Human Rights.

Seal v Chief Constable of South Wales Police [2007] 1 WLR 1910 House of Lords - whether a failure to obtain the leave of the High Court under the Mental Health Act 1983 s.139(2) before commencing civil proceedings rendered those proceedings a nullity.

R (Laporte) v Chief Constable of Gloucestershire [2007] 2 AC 105 House of Lords - whether preventing protestors from attending a demonstration had been a breach of article 10 of the European Convention on Human Rights.