I specialise in immigration, national security, prison law, public inquiries and inquests. I was junior counsel to the Bloody Sunday Inquiry from 2000 to 2010. I became a special advocate in 2008 and was appointed in 2012 to the Attorney General’s A Panel. In 2013 I became a member of the Welsh Government’s A Panel. I was appointed Queen’s Counsel in 2016..
I have appeared in some of the leading immigration cases in recent years, including the Detention Action challenges to the Detained Fast Track system for asylum seekers and in a number of cases relating to the rights of Gurkhas’ dependants to settle in the UK.
I have a particular interest in, and wide experience of, judicial review challenges to government policy.
I have represented both the Ministry of Justice and the Youth Justice Board in inquests into deaths in custody, including several murders and the self-inflicted deaths in custody of three children.
As a leading special advocate, I represented the only successful appellant in the Operation Pathway Manchester bomb plot case before the Special Immigration Appeals Commission. I also, as junior special advocate, appeared in a successful challenge to the Government’s proposed Deportation With Assurances of an Ethiopian national.
I represented the Secretary of State in a challenge by three individuals, alleged to be leading members of the proscribed organisation Al-Muhajiroun, against the decision to impose TPIM notices on them. The Secretary of State’s decision was upheld.
I have extensive public inquiry experience. I represented “whistleblowing” soldiers in the Al Sweady Inquiry and was co-counsel to the Independent Jersey Care Inquiry, which investigated physical and sexual abuse of children in the care of the States of Jersey. I am also leading counsel for the Department for Education in the Independent Inquiry into Child Sexual Abuse.
Listed in the Legal 500 from 2010 as a leading immigration junior and from 2011 as a leading civil liberties and human rights junior.
Commended by the Legal 500 for my work on the Bloody Sunday Inquiry: “extremely hard working and very able” [Legal 500 2006] and “well regarded for her work on Bloody Sunday” [Legal 500 2007].
“Able to draw on broad public law expertise” : Legal 500 2016
“She has a buoyant immigration and police law practice”: Legal 500 2016
Constitutional and Administrative Law Bar Association
Human Rights’ Lawyers Association
Professional Negligence Bar Association
Working knowledge of French and Welsh
Cathryn McGahey QC was co-counsel to this public inquiry, which investigated allegations that children in care had been physically and sexually abused over many years, and that their suffering had been covered up. The Inquiry Panel published its report on 3 July 2017. It found that there had been extensive abuse, that the authorities had failed to respond or investigate properly, and that children in care in Jersey might still be at risk.
Cathryn McGahey QC represented South Yorkshire Police. The judge was required to decide whether lifelong anonymity should be granted to four men who in the past had been (but were no longer) alleged to have been involved in sexual exploitation of a minor.
The Secretary of State had imposed TPIM notices on the three Respondents, alleging that they were senior leaders in the UK of the proscribed Islamist extremist group Al-Muhajiroun. The Court rejected the arguments of two of the Respondents that ALM no longer existed, and rejected the case of the third Respondent that he was no longer associated with it. The TPIM notices were all upheld. Cathryn McGahey QC represented the Secretary of State.
Cathryn McGahey QC represented the Secretary of State in this appeal, in which three members of the Rochdale paedophile ring challenged the Secretary of State’s decision to deprive them of their British citizenship. Their appeals were dismissed. The President of the Upper Tribunal gave guidance on the relevance in deprivation decisions of the prospect that the individual would ultimately be removed from the UK. The case is going to the Court of Appeal.
Cathryn McGahey QC acted as counsel to this review, which was conducted by David Anderson QC, the Independent Reviewer of Terrorism Legislation. The review investigated the usefulness of some of the powers which the security and intelligence agencies would have, under the Investigatory Powers Bill, to use bulk forms of information in their counter-terrorism work. The review concluded that bulk powers were of substantial utility, and that their use in the past had saved lives.
Fire at high rise block of flats in Camberwell caused the deaths of six people. Building Regulations in relation to fire safety and high rise structures were explored. The Inquest was heard at Inner South London Coroners Court – HHJ Frances Kirkham. Cathryn McGahey represented The Department for Communities and Local Government, and The Chief Fire Officer. Fiona Canby was instructed by SGH Martineau. January – March 2013. The Inquest took place from January to March 2013.
Andrew O’Connor QC is instructed by the Inquiry to act in the investigation into child sex abuse in Westminster.
Cathryn McGahey QC is Leading Counsel for The Department for Education
A campaign group, Detention Action, challenged the lawfulness of the secondary legislation governing the appellate procedure under the Detained Fast Track scheme. Cathryn McGahey represented the Secretary of State for the Home Department, an interested party.
This case involved a challenge to the lawfulness of the LASPO Exceptional Case Funding scheme. Cathryn McGahey acted as first junior counsel for the Defendants at first instance, and as second leading counsel in the Court of Appeal. The Court of Appeal, reversing Collins J, upheld the lawfulness of the scheme.
R (O’Toole and Others) v HMRC [2016: Judgment given but subject to reporting restrictions]
In this Divisional Court case the Claimants challenged, unsuccessfully, the lawfulness of search warrants obtained by HMRC. Cathryn McGahey represented HMRC.
The inquest investigated the self-inflicted death of the first 18 year old to be sent to HMP Belmarsh. He was sent there after being sentenced to a minimum of 18 years’ imprisonment for murder, and was found hanging five days later. Cathryn McGahey represented the Youth Justice Board.
The appellants challenged, unsuccessfully, the lawfulness of the SSJ’s policy on the strip-searching of women prisoners. Cathryn McGahey represented the SSJ.
The Inquest investigated the death by hanging of 17 year old Ryan Clark at HMY0I Wetherby. Cathryn McGahey represented The Youth Justice Board.
The inquest investigated the self-inflicted death at HMYOI Cookham Wood of 15 year old Alex Kelly. Cathryn McGahey represented the Ministry of Justice.
The Appellants challenged, unsuccessfully, the lawfulness of the SSHD’s policy on the rights of the adult dependants of Gurkhas to settle in the UK. Cathryn McGahey represented the SSHD.
The Claimant college challenged, unsuccessfully, the lawfulness of the SSHD’s policy on the standards that colleges had to meet in order to be granted Highly Trusted Sponsor status. Cathryn McGahey represented the SSHD.
Detention Action challenged the lawfulness of the SSHD’s Detained Fast Track policy and practice. The Administrative Court found the practice to be unlawful in one respect, but permitted the DFT scheme to continue. The Court of Appeal upheld the judge’s decision. A differently constituted Court of Appeal held the appeal element of DFT to be unlawful.
Cathryn McGahey represented the SSJ in a successful challenge to the Coroner’s decision to leave a verdict of unlawful killing to the jury, in circumstances in which a prisoner had taken his own life. This case remains the leading case on the issue of the test that a coroner should apply when deciding which conclusions to leave to a jury.
The Claimant, a college teaching overseas students, challenged the lawfulness of the SSHD’s policy on the standards that applicants for Highly Trusted Sponsor status had to meet. The College needed such status in order to be permitted to bring foreign students to the UK. The Claimants were unsuccessful, both at first instance and on a “leapfrog” appeal to the Supreme Court. Cathryn McGahey represented the SSHD at first instance and then as junior counsel in the Supreme Court.
The Inquiry investigated allegations that British soldiers in Iraq had murdered certain Iraqi detainees, and physically abused others. Cathryn McGahey represented a number of whistleblowing soldiers.
This was a major statutory public inquiry into the culture, practices and ethics of the press. David Barr served throughout as first junior counsel to the Inquiry. Cathryn McGahey appeared as junior counsel for the Chairman of the Inquiry during related judicial review proceedings. Louise Jones acted for the core participant victims in the judicial review proceedings. William Irwin acted throughout providing legal assistance to Counsel to the Inquiry. Emily Wilsdon assisted in the preparation of the report.
The Inquiry investigated the shooting in 1972 by British soldiers of demonstrators in Londonderry.
Cathryn McGahey was second junior counsel to the inquiry from 2000 to 2010.
3rd July 2017
The Independent Jersey Care Inquiry, which had spent three years investigating allegations of the abuse of children in care, and the covering up of that abuse, published its report on 3 July 2017.
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30th June 2017
The Administrative Court upheld the decision of the Home Secretary to impose TPIMs on three individuals alleged to be senior leaders of the proscribed Islamist extremist organisation Al-Muhajiroun.
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23rd May 2016
Cathryn McGahey QC, led by Martin Chamberlain QC and with Malcolm Birdling, both of Brick Court Chambers, appeared for the Lord Chancellor and Director of Legal Aid Casework in this judicial review, in which the Claimant challenged the lawfulness of the Legal Aid Exceptional Case Funding scheme.
9th March 2016
Cathryn McGahey QC appeared for the Department for Education and Fiona Canby for the Independent Police Complaints Commission
22nd February 2016
Temple Garden Chambers celebrates the elevation to Queen’s Counsel of Cathryn McGahey