Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
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 reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not 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 Z3084181.
Data Collection
All of the information that I hold about you is provided to me or gathered solely in the course of and for the purposes of your case, proceedings or any related matter.
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:
Examples Of Legitimate Interests
My Lawful Basis is Legitimate Interest namely the provision of professional services to you and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract with you or steps to enter a contract with you and/or compliance with a legal obligation. In so far as I process sensitive personal data that is necessary in relation to legal proceedings and/or obtaining legal advice and/or otherwise for establishing, exercising or defending legal rights and/or for administering justice.
I Use Your Information To
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:
I May Share Your Personal Data With:
Transfers To Third Countries & International Organisations
I do not transfer any personal data to third countries or international organisations.
Retention
I retain your personal data while you remain a client and for as long as in necessary for me to meet my legal and professional obligations. 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.
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 me to correct any inaccuracies with the personal data I hold, you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me 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 and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing & Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.
Marketing Opt-Outs
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:
I May Update My Privacy Notice
When I make significant changes, I will publish the updated notice on my website profile.
Updated: 01/11/2022
Benjamin Seifert
Benjamin is a specialist public law practitioner. He is also consistently ranked as a leading barrister in extradition and has extensive experience in representing individuals, UK and foreign governments and requesting judicial authorities in the European Union.
He regularly appears in the Supreme Court, Divisional and Administrative Courts. In public law, he is frequently instructed by the Government in difficult judicial reviews concerning immigration and prison law.
Clients value Benjamin’s excellent communication skills, expert knowledge, meticulous grasp of the details of the case and pragmatic approach. Benjamin is an accomplished linguist and speaks French and Italian to court standard.
Benjamin is frequently instructed by the Government in complex judicial reviews concerning immigration and prison law. He also has a significant coronial and inquiry practice, with particular expertise in deaths in custody, and advice on unlawful detention, and national security. His background in criminal law assists him with inquest juries.
Benjamin recently acted in VA, one of the first UK extradition cases to be determined by the Court of Justice of the European Union.
Since his appointment to the Attorney General’s panel in 2017 Benjamin has regularly appeared in the Upper Tribunal (Immigration and Asylum Chamber) and has also appeared in the County Court in relation to civil claims made by prisoners.
Benjamin’s extensive extradition practice concerns the full range of challenges to extradition including the validity of European Arrest Warrants, rights to retrial, dual criminality, passage of time, decisions to charge or try and also habeas corpus.
He regularly acts in cases concerning prison conditions and the rights of individuals pursuant to the European Convention on Human Rights (“ECHR”) in Hungary, Poland, Bulgaria and Italy among others. He appeared in the only extradition case to be heard in the Supreme Court in 2018 and returned to the Court in 2021.
He has had numerous successes recently in cases concerning Article 8 of the ECHR representing individuals whose rights to a private and family life outweighed the public interest in extradition.
Benjamin has written articles and given many seminars on extradition law and is a co-author of the latest book on extradition law- A Practical Guide to Extradition Law Post-Brexit.
Court of Justice of the European Union - VA v The Prosecutor Of The Regional Prosecutor’s Office In Ruse, Bulgaria Case C‑206/20
The Court of Justice of the European Union considered the dual level of protection required by an underlying national arrest warrant which precedes the decision to issue a European Arrest Warrant.
Supreme Court - Zabolotnyi v Mateszalka District Court, Hungary UKSC 2019/0210
The use of assurances in cases concerning prison conditions.
Supreme Court - Konecny v District Court In Brno Venkov (Czech Republic) UKSC 2017/0200
Whether an individual can properly described as accused when he had been convicted but the conviction was not final and he had an unequivocal right to a retrial.
Dumitrache v Court of Pordenone, Italy [2021] EWHC 958 (Admin)-
Sole counsel for the appellant in the Divisional Court against David Perry QC. (Trials in absence and retrial rights).
Udriste [2021] EWHC 2476 (Admin)
Appeal against an order of extradition concerning Article 8 ECHR.
Perry v USA [2021] EWHC 1956 (Admin)-
Representing the US government in an appeal concerning the definition of kidnapping
Taylor & Anor v The Prosecutor General’s Office of Florence [2019] EWHC 2938 (Admin)
Retrial rights in Italy.
BY v District Court In Paphos, Cyprus [2019] EWHC 2637 (Admin)
The Article 8 ECHR rights of a family with five children with significant medical problems.
XY v Public Prosecutor’s Office, Oost Nederland [2019] EWHC 624 (Admin)
The Article 8 ECHR rights of a man who had already served a sentence which was subsequently increased on appeal.
Lis, Lange & Chmielewski v Polish Judicial Authorities [2018] EWHC 2848 (Admin)
Allegations of the break down in the rule of law in Poland.
Attila Imre v The District Court In Szolnok (Hungary) [2018] EWHC 218 (Admin)
Notwithstanding a first instance conviction the EAW was an accusation warrant.
Grecu & Bagarea [2017] 4 WLR 139
Romanian Prison conditions and breaches of Article 3 ECHR.
Raimundo Felix v Comarca De Lisboa, Portugal [2016] EWHC 3518 (Admin)
The invalidity of an EAW pursuant to Section 2 of the 2003 Extradition Act.
Zagrean, Sunca & Chihaia v Romanian Judicial Authorities [2016] EWHC 2786 (Admin)
Romanian prison conditions and breaches of Article 3 ECHR.
Marku & Murphy v Greek Judicial Authorities [2016] EWHC 1801 (Admin)
Greek prison conditions and breaches of Article 3 ECHR.
Puceviciene, Conrath & Savov v Three Judicial Authorities [2016] 1 WLR 4937
The leading case on Section 12A of the 2003 Extradition Act.
Spain v Warne [2015] EWHC 981 (Admin)
A successful appeal against a discharge in relation to oppression.
France v Charbit [2015] 1 W.L.R. 2359
A EAW which attached an annex was invalid.
Benjamin is a highly experienced public law practitioner with an impressive record of high-profile court appearances. Benjamin is regularly instructed to act in complex immigration and prison law matters on behalf of the Government. He has developed an extensive practice in immigration and asylum law, acting in numerous judicial review cases involving:
a. Section 3C leave
b. Revocation of indefinite leave to remain.
c. Leave to remain on compassionate grounds
d. Biometric residence permits.
e. The EU Settlement Scheme
f. Tier 1 (Entrepreneur visas)
g. Family reunion applications
h. Overstayers applying to join the British army
i. The status of retained EU law
He has acted in a number of cases for the Ministry of Justice when prisoners have challenged the retention of information or the failure to respond to subject access requests pursuant to the Data Protection Act.
He has recently advised the Department for Trade in relation to a new international procurement agreement and also DEFRA in relation to Transmissible Spongiform Encephalopathies.
R (Adrian Bailey) v Secretary of State for Justice [2022] EWHC 2125 (Admin)
Appearing on behalf of the Ministry of Justice in a case which sought to challenge the vires and ECHR compliance of the new Parole Board Rules.
Ali v Home Office [2022] EWHC 866 (QB)
The detention of an asylum seeker on the Detained Fast Track.
R (John Wilson) v Secretary of State for Justice [2022] EWHC 170 (Admin)
A substantive judicial review of a refusal to offer a prisoner an oral hearing in relation to an application for de-categorisation.
Philip Austin [2022] EWHC 63 (Admin)
Representing the Parole Board in a case concerning providing a summary of a decision of the Board to the victims of the offender before the Claimant himself received it and the protocol which gives the prisoner the opportunity to comment on its contents.
R (Matusha) v SSHD [2021] UKUT 175
IAC Revocation of indefinite leave to remain. Sole counsel against Sonali Naik KC.
R (SA & Ors) v SSHD EWHC [2021] 1601, 1602, 1448 (Admin)
Representing the SSHD in joined claims concerning destitute asylum seekers.
R (Walsh) v Secretary of State for Justice [2020] EWHC 1250 (Admin)
Judicial review concerning the lawfulness of “approved premises” accommodation for a convicted sex-offender.
R (C1) v SSHD [2021] EWHC 2334 (Admin); R(K) v SSHD [2020] EWHC 3639 (Admin)
Asylum accommodation.
Benjamin is regularly instructed to appear in inquests concerning deaths in custody and also members of the armed forces.
Junior counsel to the government in the Manchester Arena Inquiry.
Highways England
Advising Highways England in relation to the death of a teenager.
Ministry of Defence
Representing the Ministry of Defence in the inquest following the suicide of a decorated officer.
On 23 February 2021 the Supreme Court will consider the first ever extradition appeal concerning prison conditions in a requesting state – Benjamin Seifert was instructed on behalf of Mr Zabolotnyi. It will deal with the viability of assurances which...
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In the first and, perhaps, only UK extradition case to be considered by the Court of Justice of the European Union (“CJEU”) the Divisional Court (Simon LJ and William Davis J) has referred the following questions; “Where surrender is sought...
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The two requested persons appealed to the High Court against the decision to order their extradition to Italy. The case concerned the application of section 20 of the Extradition Act 2003 where the requested persons’ conviction in Italy became final...
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The Divisional Court (Rafferty LJ and J) found that the father of five children, all of whom have significant medical problems should not face prosecution in Cyprus for a fraud which is said to have taken place in 2016. Considering...
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The Court allowed an appeal against extradition in relation to a UK citizen whose surrender was sought by a court in the Netherlands for an offence of armed robbery for which he had already served a sentence which was increased...
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The Supreme Court has given judgment in the case of Konecny v District Court in Brno Venkov, Czech Republic UKSC 2017/0200. The appeal considered whether or not an individual can properly be described as an accused person when he had...
Read more
CC had originally been arrested on 9 August 2021 and had appealed a decision of another judge to order his surrender, finding that extradition would be in accordance with his Article 8 ECHR right to a private and family life…
On 22 September 2023, District Judge Rai, sitting at Westminster Magistrates’ Court discharged a Romanian man. He had been arrested on a Part 1 Warrant for stealing copper from an from an electrical system and then, a number of items…
Benjamin Seifert appeared on behalf of the Government of the United States of America, responding to an appeal against a decision to order the extradition of Joseph El-Khouri, a UK citizen accused of charges of fraud and conspiracy to commit…
On 7 September 2022 District Judge Pilling discharged MO from an extradition request from Cyprus. After her arrest on the Part 1 Warrant in March 2021 she began to suffer cognitive decline. By the time of her extradition hearing in…
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 reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not 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 Z3084181.
Data Collection
All of the information that I hold about you is provided to me or gathered solely in the course of and for the purposes of your case, proceedings or any related matter.
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:
Examples Of Legitimate Interests
My Lawful Basis is Legitimate Interest namely the provision of professional services to you and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract with you or steps to enter a contract with you and/or compliance with a legal obligation. In so far as I process sensitive personal data that is necessary in relation to legal proceedings and/or obtaining legal advice and/or otherwise for establishing, exercising or defending legal rights and/or for administering justice.
I Use Your Information To
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:
I May Share Your Personal Data With:
Transfers To Third Countries & International Organisations
I do not transfer any personal data to third countries or international organisations.
Retention
I retain your personal data while you remain a client and for as long as in necessary for me to meet my legal and professional obligations. 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.
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 me to correct any inaccuracies with the personal data I hold, you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me 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 and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing & Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.
Marketing Opt-Outs
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:
I May Update My Privacy Notice
When I make significant changes, I will publish the updated notice on my website profile.
Updated: 01/11/2022
