5 Essex Court

Robert Cohen

Call 2009

Public / Administrative

Robert has a long-standing interest in Public Law. He has been instructed to act in many applications for judicial review, and frequently appears in the Administrative Court. He regularly acts for public bodies in defence of judicial reviews related to information sharing, conditions in custody and police decision making.

Before coming to the Bar Robert worked as a Legal Assistant at the House of Commons. This involved working on interventions in judicial reviews to assert Parliamentary Privilege, and frequently advising on public law issues. This provided Robert with a detailed grounding in public law principles and he is now routinely called upon to advise police forces and the Government in this area. For instance, Robert acted for the Chief Constable of Surrey in the Election Court convened to consider a disputed local government election in Maybury and Sheerwater. He has also advised constabularies on the extent of Parliamentary Privilege.

Notable cases include:

R(Begley) v Secretary of State for Justice [2018] EWHC 2714 (Admin) – Robert successfully defended the decision of the National Probation Service to impose restrictions on a prisoner released on licence. The Claimant had challenged the decision on the basis of the Children Act, citing the best interests of his young daughter.

R(Rai) v Secretary of State for Justice – Robert was instructed on behalf of the Secretary of State for Justice. He successfully defended the Secretary of State’s refusal to place a prisoner in a lower security category.

FE v YE [2017] EWHC 2165 (Fam); [2018] Fam 24; [2018] 2 W.L.R. 200 - Appeared on behalf of the Secretary of State for the Home Department (as junior to Alan Payne) in this decision on the interaction between the Hague Convention on Child Abduction and the Geneva Convention on Refugees. The High Court confirmed the Secretary of State’s core submission that in cases where there is a claim under the Hague Convention in parallel with an application for asylum the asylum claim must be determined first.