R (Secretary of State for Justice) v Parole Board  EWHC 1282 (Admin)
Leading case on the statutory “public protection” test, to be applied by the Parole Board when considering whether to direct the release of a prisoner.Read more
Nicholas Chapman has a broad practice with an emphasis on public and regulatory law, public international law, human rights and civil liberties, national security, public inquiries, inquests and tax. His cases are generally important, complex and high-profile. He is Junior Counsel to the Crown (Attorney General’s A panel) and a member of the Equality and Human Rights Commission A panel.
In recent years his experience has included:
Nick has appeared at every level of the domestic court, tribunal and coronial system, from the magistrates and First-tier Tribunal to the Supreme Court. He has acted in a large number of reported cases, often raising important points of principle, and is regularly brought in to cases at appeal level. His early years of practice were spent in the criminal courts, and he remains well placed to advise on cases at the inferface between criminal and civil law. Many of his cases have an international dimension and he is accustomed to working with foreign lawyers and as part of multi-disciplinary teams. His clients include Government departments and agencies, the Security and Intelligence services, HMRC, the SFO, the National Crime Agency, multinational corporations and financial institutions, national sports bodies, and Magic Circle and other leading firms of solicitors.
Undertakes Public Access work
Appointed to A panel
Leading case on the statutory “public protection” test, to be applied by the Parole Board when considering whether to direct the release of a prisoner.Read more
A high-profile Supreme Court appeal concerning the fees charged to children applying to register as British citizens. The leading case on the rules of statutory interpretation and related constitutional law principles.Read more
An important case concerning the principles of finality, res judicata and issue estoppel in the Tribunal jurisdiction, and the circumstances in which the Tribunal can permissibly depart from previous findings in cases involving different parties with a material overlap of evidence.Read more
£100bn judicial review challenge to the Government’s Covid-19 mass asymptomatic testing programme, referred to as ‘Operation Moonshot’.Read more
Appeal and cross-appeal concerning the fees charged to children applying to register as British citizens.Read more
The judicial review of the 10pm hospitality curfew, imposed by the Government in response to the Covid-19 pandemic.Read more
The judicial review of the Parole Board’s decision to release Ian Simms, who murdered Helen McCourt in 1988 and who has refused to reveal the location of her remains.Read more
A statutory review of the Home Secretary’s decision to impose terrorism prevention and investigation measures (TPIM) on QT, a member of Al-Muhajiroun (also known as ALM).Read more
A very high-profile and important judicial review of the Environment Secretary’s decision to prevent the introduction of badger culling in Derbyshire in 2019, involving allegations that the Prime Minister and his partner Carrie Symonds improperly interfered in the decision-making process.Read more
The leading case concerning the circumstances in which a court can reject a foreign government’s assurances concerning treatment following extradition.Read more
An important and high-profile challenge to the fees charged to children applying to be registered as British citizens.Read more
An important Court of Appeal case upholding the lawfulness of the Secretary of State’s good character policy in connection with applications for naturalisation as a British citizen.Read more
The leading Court of Appeal authority concerning the meaning of “refugee” in the 1951 Refugee Convention and the circumstances in which refugee status may be withdrawn on the grounds that the reasons for the initial grant of asylum no longer endure.Read more
Nicholas Chapman acted for the Home Secretary in this important Court of Appeal case concerning the approach to the assessment of evidence of vulnerable appellants, the weight to be attached to an unaccompanied child’s failure to claim asylum in the first country of refuge, and the compatibility of the statutory adverse credibility assumption with the Dublin III Convention.
Nicholas was instructed by the Home Secretary at Court of Appeal level in this successful defence of an appeal concerning the time limits for costs appeals from the Upper Tribunal and the proper interpretation of CPR Part 52.
Nicholas acted for the Home Secretary in lead judicial review challenges to the processing of asylum claims of unaccompanied children brought to the UK from the Calais Jungle.
Successfully responding to a judicial review challenge to the Home Secretary’s decision to cancel a British passport on national security grounds.
Successfully defending a judicial review claim concerning the vires of the Home Secretary’s naturalisation policy and the true interpretation of the British Nationality Act 1981.
Acting for all 7 defendants in this private law damages claim involving allegations of UK government and intelligence agency complicity in the extraordinary rendition and torture of the former leader of the Libyan Islamic Fighting Group and his pregnant wife. Nicholas principally focused on foreign law aspects of the claim and disclosure.
Nicholas was instructed by the Home Secretary at Court of Appeal level in this appeal concerning the residual discretion to grant near-miss immigration applications.
Instructed by CPS Head Office in these high-profile multi-million pound asset recovery proceedings heard at the Old Bailey.
Judicial review of the Home Secretary’s decision to revoke the trusted sponsor status of the Bow Mosque.
Nicholas acted for HMRC in the successful defence of this £100m civil tax appeal, involving allegations of fraud in the carbon credits market.
Instructed by the Home Secretary at Court of Appeal level in successful response to an appeal brought by an unaccompanied asylum-seeking child on the basis that he had suffered historic injustice at the hands of the Home Office.
Nicholas acted for HMRC in this important case concerning the lawfulness of information notices requiring production of documents by post or email.
Nicholas represented HMRC in its successful defence of this important and high value tax appeal concerning the question of whether donations to a charity in exchange for membership benefits represented consideration for taxable supplies.
Nicholas was instructed at Court of Appeal level by CPS Head Office in relation to the high-profile appeal of the former governor of Delta State, Nigeria and his former solicitor, involving allegations of police corruption and prosecutorial misconduct.
Nicholas successfully defended this strategically important Frankovich damages claim in the High Court, which concerned the question of whether the “repayment supplement” represented an effective remedy in compensation of incorrectly withheld VAT which could have been lucratively reinvested.
Nicholas successfully represented the Home Secretary in this false imprisonment damages claim before Simon J.Read more
Instructed by CPS Head Office at Supreme Court level in the high-value costs proceedings following a high-profile appeal.
Nicholas was instructed by Herbert Smith Freehills to advise Lloyds TSB in connection with the high-profile banking fraud involving the distressed assets division of HBOS.
Nicholas acted for HMRC in this £5m Chancery Division claim against a man convicted of high-profile modern slavery offences.
Nicholas was instructed at Court of Appeal level to represent HMRC in the successful defence of this appeal, the leading case on the applicability of the Kittel anti-abuse principle in circumstances in which transactions are indirectly connected with fraudulent tax losses.
Leading counsel for HMRC in the successful defence of these complex linked civil tax appeals, worth £3.3m, involving allegations of fraud.
Nicholas acted for HMRC in the successful defence of this highly complex civil tax appeal worth £28m. The hearing, which lasted 7 months, is the longest within the tribunal system. The case, which involved allegations of serious VAT fraud, was the first piece of government litigation to feature electronic preparation and presentation of evidence. It gave rise to a number of leading authorities, all in favour of HMRC, including on the admissibility of opinion evidence in tribunal proceedings and of material obtained pursuant criminal mutual legal assistance.
Successfully defending a judicial review claim concerning the Home Secretary’s policy for prioritising backlogged applications.
Instructed by the Home Secretary at Court of Appeal level in the successful defence of these two leading cases concerning corrective remedies in the context of the Home Office’s failure to comply with its legal duty to endeavour to trace the family members of unaccompanied asylum-seeking children. The cases established that there is no “bright line” principle in relation to risk. Subsequently instructed to lead a series of related judicial review challenges in the High Court.
Defending a juror prosecuted in the High Court for social media postings relating to the case he was trying.
Nicholas acted for the SFO in its first international corruption prosecution, a case concerning the corruption of the governor of a South East Asian central bank to secure contracts worth A$200 million for the provision of polymer banknotes.
Acting for HMRC in the money laundering prosecution arising from one of its largest ever investigations. Tried by a protected jury. Gave rise to 3 leading authorities relating to jury tampering, judge-only trial and the use of closed evidence in criminal bail proceedings.
Advising the Financial Reporting Council concerning its investigation into the circumstances surrounding the flotation and subsequent collapse of a former AIM new company of the year, with a market capitalisation effect of around £150m.
Advising the Financial Reporting Council in relation to its investigation into advice given to the trustee of the First Quench Pension Fund concerning its proposed transfer.
27th May 2022
The High Court today handed down judgment in judicial review proceedings concerning the Parole Board’s decision to direct the early release of Leslie Johnson, a serial child abuser who had been sentenced to an extended determinate sentence. Nicholas Chapman appeared for the Parole Board.Read more
9th May 2022
The Inquiry is currently hearing evidence for Module 4, examining the actions of Central Government, Local Government and the Tenant Management Organisation in the immediate aftermath of the fire. Zeenat Islam is Junior Counsel to the Inquiry, leading on the evidence relating to the bereaved, survivors, and residents, the community and faith sector, the Cabinet Office and the Tenant Management Organisation.Read more
2nd February 2022
The Supreme Court has today given judgment refusing the claimants’ appeals in R (O and Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department  UKSC 3, the high-profile appeal concerning the fees charged to children applying to register as British citizens. Nicholas Chapman represented the Home Secretary.Read more
21st January 2022
The Court of Appeal has today handed down judgment in an important appeal concerning the principles of finality and res judicata in Tribunal proceedings, and the circumstances in which the Tribunal can permissibly depart from previous findings in cases involving different parties with a material overlap of evidence. Nicholas Chapman successfully resisted the appeal on behalf of the Home Secretary.Read more
24th February 2021
The campaigning group Good Law Project and its fellow claimants have withdrawn their high-profile judicial review challenge to the Government’s Covid-19 mass asymptomatic testing programme, referred to as ‘Operation Moonshot’. Nicholas Chapman acted for the Prime Minister and the Secretary of State for Health and Social Care.Read more
18th February 2021
The Court of Appeal has today handed down judgment in important appeals concerning the lawfulness of the fees charged to children seeking to register as British citizens. Nicholas Chapman acted for the Home Secretary.Read more
12th February 2021
The Senior Coroner for South Yorkshire (East District) has suspended the inquest into the death of Nargis Begum, and will refer the matter to the CPS to consider whether Highways England should face corporate manslaughter charges.
Mrs Begum, 62, was a passenger in a vehicle which broke down on the M1 in 2018, on a stretch of “All Lanes Running” smart motorway without a hard shoulder. She and her husband had exited the vehicle and were waiting for help when their stationary car was hit by another vehicle, pushing it into Mrs Begum and causing fatal injuries.
The CPS has confirmed that the driver involved in the collision will not face prosecution, following an earlier referral from the Senior Coroner after an initial Pre-Inquest Review in December 2020.Read more
1st February 2021
The High Court has today refused a group of claimants permission to apply for judicial review in their high-profile challenge to the Government’s Covid-19 mass asymptomatic testing programme, referred to as ‘Operation Moonshot’. Nicholas Chapman acted for the Prime Minister and the Secretary of State for Health and Social Care.Read more
3rd December 2020
The G-A-Y nightclub chain today withdrew its high-profile challenge to the Government’s decision to impose a “curfew” within the hospitality industry. Mr Justice Lane had previously refused permission to apply for judicial review in October. Nicholas Chapman acted for the Secretary of State for Health and Social Care.Read more
23rd October 2020
The High Court has today refused the G-A-Y nightclub chain permission to apply for judicial review of the 10pm national curfew. Nicholas Chapman acted for the Secretary of State for Health and Social Care.Read more
1st September 2020
Marie McCourt has lost her judicial review claim against the decision of the Parole Board to release Ian Simms, who murdered her daughter Helen McCourt in 1988 and who has refused to reveal the location of her remains. Nicholas Chapman represented the Parole Board. Marie McCourt has led a high-profile nationwide campaign for a change in the law – known as Helen’s Law – to prevent the release of murderers who refuse to reveal their victim’s whereabouts.Read more
10th July 2020
Cathryn McGahey QC and Nicholas Chapman, instructed by the Treasury Solicitor, successfully represented the Home Secretary in a challenge to her decision to impose a TPIM on “QT”, a member of the proscribed Islamist terrorist organisation Al-Muhajiroun.Read more
13th May 2020
Nicholas Chapman appeared on behalf of the Environment Secretary in his successful defence to the judicial review of the decision to prevent the introduction of badger culling in Derbyshire in 2019. The high-profile and important case, which has been widely reported in the press, involved allegations that the Prime Minister and his fiancée Carrie Symonds improperly interfered in the decision-making process.Read more
7th May 2020
Nicholas Chapman appeared on behalf of the Home Secretary in her successful appeal to the Court of Appeal in this leading case concerning the circumstances in which a court can reject a foreign government’s assurances of humane treatment following extradition.Read more
19th December 2019
Nicholas Chapman, instructed by the Treasury Solicitor, appeared on behalf of the Home Secretary in important and high-profile judicial review proceedings concerning the fees charged to children applying to be registered as British citizens.Read more
28th November 2019
Nicholas Chapman, instructed by the Treasury Solicitor, successfully represented the Home Secretary in R (Al-Enein) v Home Secretary, an important appeal concerning the lawfulness of the good character policy for British citizenship applications.Read more
25th October 2019
Nicholas Chapman, instructed by the Treasury Solicitor, successfully represented the Home Secretary in JS (Uganda), the leading Court of Appeal case concerning the meaning of “refugee” in the 1951 Refugee Convention and the circumstances in which refugee status may be withdrawn.Read more
17th July 2019
TGC offers congratulations to Nicholas Chapman on his elevation to the Attorney General’s London ‘A’ Panel of Junior Counsel with effect from 2 September 2019.
16th May 2019
TGC are delighted to announce that Nicholas Chapman, Sian Reeves and Emily Wilsdon have been recommended for appointment to the Equality and Human Rights Commission’s panel of Counsel: England and Wales. Nicholas Chapman has been appointed to the A Panel, and Sian Reeves and Emily Wilsdon to the B Panel.Read more
22nd October 2018
Temple Garden Chambers is delighted to announce that Nicholas Chapman has accepted an invitation to join Chambers.
Nicholas has a broad civil, criminal, regulatory and public law practice with an emphasis on substantial, complex and high-profile litigation relating to commercial crime and other financial and corporate wrongdoing, tax, human rights and national security matters.
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