William Irwin

Year of Call: 2010

williamirwin@tgchambers.com


Practice Areas


William Irwin

Year of Call: 2010

williamirwin@tgchambers.com


Practice Areas




Experience

William Irwin has a public law practice with particular expertise in immigration, civil liberties, and human trafficking. He represents clients in complex inquests. He has a civil law practice representing government departments and private clients in claims relating to prisons, deaths in custody, detention, and personal injury claims where fraud is suspected.

Appointments

Attorney General’s  B Panel (London) in September 2020

Education

  • Postgraduate Diploma in Law and Bar Vocational Course, City University
  • MA History (First Class Honours) Jesus College, Cambridge

Professional Memberships

  • ALBA
  • PIBA
  • PNBA

Public Access

Undertakes Public Access work


Attorney General Panel

Appointed to B panel

Connect

Costea v Secretary of State for the Home Department [2021] EWHC 1685 (Admin)

The Court considered whether a Deportation Liability Notice (DLN) issued by the Secretary of State to an EEA national was a “measure” or a “decision” for the purposes of the Citizens’ Directive.

The Court held that a DLN was a “measure” within the meaning of Article 27 of the Directive. However the Court also held that the DLN was not a “decision” for the purposes of Article 30 of the Directive. Accordingly, there was no requirement from the Directive that the DLN should be communicated in such a way that the subject is able to comprehend its content and the implications for them.

The Claimant’s claim was, accordingly, dismissed.

R(PMG) v Secretary of State for Justice

The Claimant, a senior member of a serious organized criminal gang, was released on licence from a lengthy sentence for GBH. She challenged the management of her licence conditions by her offender manager (probation officer).

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Inquest into the death of Janet Scott

Inquest into the death of Janet Scott, a woman who was murdered by her ex-partner Simon Mellors (SM). William Irwin represented the National Probation Service (NPS), part of the Ministry of Justice.

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AU (Bangladesh) v Secretary of State for the Home Department [2020] EWCA Civ 338; [2020] 1 W.L.R. 1562

The issue in this case was how the relationship between a foster child and a foster family should be treated for the purposes of deciding whether the foster child had established a family life within the meaning of Article 8 ECHR. William Irwin represented the Secretary of State.

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R(LH) v Secretary of State for the Home Department [2019] EWHC 3457 (Admin)

The Claimant challenged the Secretary of State’s decision not to recognize him as a victim of human trafficking. William Irwin represented the Secretary of State. The Court allowed the challenge on the basis that the Secretary of State had not placed appropriate weight on new expert evidence.

CI (Nigeria) v Secretary of State for the Home Department [2019] EWCA Civ 2027; [2020] Imm. A.R. 503

The Court of Appeal gave guidance to the proper approach to deciding whether there were “very compelling circumstances” not to deport a foreign national offender- the test in section 117C of the Nationality, Immigration and Asylum Act 2002. William Irwin represented the Secretary of State.

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R(DS) v Secretary of State for the Home Department [2019] EWHC 3046 (Admin); [2020] Imm. A.R. 409

The Claimant challenged the Secretary of State’s policy regarding reconsideration of decisions about whether a person was or was not a victim of human trafficking. William Irwin represented the Secretary of State.

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EOG v Secretary of State for the Home Department [2020] EWHC 3310 (Admin)

Challenge to the lawfulness of the Secretary of State’s policy regarding grants of leave to remain to potential victims of human trafficking. Robin Tam QC and William Irwin represented the Secretary of State.

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Sian Edlington v Ministry of Justice

The Claimant was a prison officer who was taken hostage by an inmate whilst working at HMP Woodhill. She claimed £350,000 in damages for psychiatric injury. William Irwin represented the Ministry of Justice.

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R (Shehu) v Secretary of State for the Home Department (Citizens Directive: no suspensive appeals) IJR Citation [2016] UKUT 287 (IAC)

The Tribunal (UTJ Freeman) held that the redress procedure required by articles 31 and 35 of the Citizens Directive does not make it necessary to treat EEA appeals of any kind as suspensive, since arrangements can be made, on the conditions set out in article 31.4, for allowing the subject to submit his defence in person, which is reason enough for declining to treat the decision of the Court of Appeal in Ahmed [2016] EWCA Civ 303 as per incuriam for not dealing with article 35.

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Re Sean Jackson

Representing HMP Elmley in the inquest into the death of an inmate. The deceased was discovered suspended in his cell. The jury concluded that Mr Jackson had died in an accident.

Re Daniel Yeowell

Representing the family in the inquest into the death of a young man who died on a building site. The jury concluded that there had been a series of failings by his employer which contributed to his death.

The Leveson Inquiry

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.

TGC Inquest & Inquiries Newsletter – Second Issue, November 2021

24th November 2021

Please see link below to the second edition of the TGC Inquests and Inquiries newsletter, a twice-yearly publication, containing articles on recent key legal developments in these fields, as well as a selection of recent noteworthy cases in which Members of Chambers have been involved.

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TGC Fraud Newsletter Issue VIII – July 2018

2nd July 2018

Please see link below for Issue VIII of TGC Fraud Update, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters.

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TGC Fraud Newsletter Issue VI – September 2017

21st September 2017

Please see link below for Issue 6 of TGC Fraud Update, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters.

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TGC Inquest & Inquiries Newsletter – Second Issue, November 2021

24th November 2021

Welcome to the second edition of the TGC Inquests and Inquiries newsletter, a twice-yearly publication, containing articles on recent key legal developments in these fields, as well as a selection of recent noteworthy cases in which Members of Chambers have been involved.

Our previous edition, published in March 2021, was published one year on from the first Covid-19 national lockdown, which had a huge impact on
inquests and public inquiries alike. At that time, inquests and inquiries were tentatively starting again, albeit with social distancing and additional technology measures. Now many inquests and inquiries are going ahead in person (or with hybrid in person/video link arrangements).

As such, it has been a busy few months for the Inquests and Inquiries team at Temple Garden Chambers. We were delighted to see that our recent work in this area has been rewarded with Chambers being promoted to a Band 1 ranking set for Inquests & Public Inquiries in Chambers and Partners UK Bar Rankings 2022, with a number of individuals being ranked individually, namely Andrew O’Connor QC, Cathryn McGahey QC, David Barr QC, Dominic Adamson
QC, Keith Morton QC, Nicholas Moss QC and Fiona Canby. All of these individuals were also ranked in the Legal 500 for Inquests and Inquiries, alongside Sian Reeves. We congratulate all members of the TGC Inquests and Inquiries team on this brilliant news.

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Privacy Notice

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I  collect about you, how it is used and shared, and your rights regarding it.

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London EC4Y 9DA and my registration number is Z3104234.

Data Collection

All the information that I hold about you is provided to or gathered by us in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it.

Our Lawful Basis for processing your information

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

Our Lawful Basis is consent of the data subject; and/or performance of a contract with the data subject or to take steps to enter into a contract; and/or compliance with a legal obligation; and/or to protect the vital interests of a data subject or another person; and/or performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject and our Legitimate Interest is that you are a client of us, the data controller; and/or Reporting possible criminal acts or threats to public security.

I use your information to:

  • Provide legal advice and representation
  • Assist in training pupils and mini-pupils
  • Investigate and address your concerns
  • Communicate with you about news, updates and events;
  • Investigate or address legal proceedings relating to your use of my services/products, or as otherwise allowed by applicable law;
  • Make statutory returns as required by my regulator, tax authorities including Her Majesty’s Revenue and Customs

I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Client data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information
  • Medical Records
  • Criminal Records
  • Immigration records

I may share your personal data with:

  • Instructing solicitors
  • Pupil or mini pupil, under my training
  • Courts and other tribunals
  • Opposing Counsel, for the purposes of resolving the case
  • Family and associates of the person whose personal information I am processing
  • My Chambers management and staff who provide administrative services
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
  • Any other party where I ask you and you consent to the sharing.

Transfers to third countries and international organisations

I do not transfer any personal data to third countries or international organisations.

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as claim or dispute;
  •  I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me at Temple Garden Chambers, 1 Harcourt Buildings, Temple, London, EC4Y 9DA.

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You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

Cookies

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website use cookies to:

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I will occasionally update my Privacy Notice. When I make significant changes, I will notify you of these through either mail or email I will also publish the updated Notice on my website profile.