Nick is regarded as one of the country’s leading public law barristers, regularly acting in the some of the most complex, important and high-profile cases in the field.
His practice covers the full range of public and regulatory law matters, including (by way of example) human rights and civil liberties, constitutional law, national security and counter-terrorism, public procurement, criminal justice and penal law, EU law, discrimination, public international law, tax, nationality, immigration and asylum law and professional discipline.
His cases are often at the cutting edge of legal developments, and he has appeared in many reported cases and at all levels of the domestic court and tribunal system up to and including the Supreme Court.
He is one of only a handful of members of both the Attorney General’s “A panel” of counsel and of the Equality and Human Rights Commission’s “A panel” of counsel.
Featured Public Law cases
R (MCML Ltd & Foster) v HMRC & Southwark Crown Court
Judicial review claim brought by a City firm and its former head of equity finance trading.
The claimants challenged search warrants obtained and executed by HMRC following requests from Denmark and Germany, in connection with investigations into suspected Cum-Ex fraud totalling £1/2 billion. They advanced 8 grounds of challenge, including alleged non-disclosure when applying for the warrants.
Following a 3-day hearing, the Divisional Court refused the claim on all grounds. It certified two points of law of general public importance, relating to the duty of full and frank disclosure in cross-border cases. The Supreme Court refused permission to appeal.
KG (Turkey) v SSHD
Appeal in the Court of Appeal brought by a failed Turkish national asylum claimant who had been convicted of an offence of serious violence.
Leading case on the judicial duty to give reasons for a decision and of the adverse credibility consequences of failing to claim asylum at the earliest opportunity.
R (Somers) v Parole Board
Judicial review brought by a convicted child rapist and murderer against the Parole Board’s decision to refuse transfer to an open prison without holding an oral hearing.
Important case concerning the circumstances in which a life sentence prisoner is entitled to an oral hearing in accordance with Art.5 ECHR rights.
R (Roehrig) v SoS for the Home Department [2023] EWHC 31 (Admin)
Judicial review claim concerning the citizenship status of British-born children of EU citizens.
R (Bailey & Morris) v Secretary of State for Justice
High profile judicial review claim concerning the Secretary of State for Justice’s decision to amend the Parole Board Rules and to issue guidance about the effect of the amendment. The rule change, which was made without consultation, purported to prohibit MOJ staff from stating in their reports their views on the “ultimate issue” – the suitability of the prisoner for release into the community. The MOJ issued accompanying guidance going beyond this restriction, based on the incorrect belief that the rule change prohibited MOJ witnesses from giving “ultimate issue” evidence in any context, even where directed to do so by the Parole Board. The High Court held that the rule change amounted to an unlawful interference with the independent judicial determination of the legality of detention, contrary to common law and/or Article 5(4) of the European Convention on Human Rights, and was irrational. It also held that the guidance was unlawful. The Court adjourned the hearing for consideration of issues of relief and costs, and for submissions on the question of whether non-compliance with the Parole Board’s directions amounts to a contempt of court.
R (MXK, AXB & others) v Secretary of State for the Home Department
The High Court has handed down judgment allowing a claim for judicial review challenging the Home Office’s policy to stop and detain all passengers owing debts to the NHS when seeking entry at the border.
The policy – which was unpublished – incorrectly informed Border Force officers that NHS debt may be a basis for cancelling leave to enter or remain. It also indicated that it was lawful to detain individuals to obtain their details and pass them on to the NHS. The policy was withdrawn shortly before the hearing.
Mr Justice Chamberlain held that the Home Secretary had also breached her duty to consider the impact of the policy on the groups protected under the Equality Act 2010, including women, who are known to be disproportionately impacted by NHS charging.
Nicholas Chapman, leading Richard Evans, represented the Home Secretary.
R (CX1-CX8) v Secretary of State for Defence and Secretary of State for the Home Department
A series of 3 judicial review claims (the third of which involved closed proceedings) and linked cases.
The claimants were Afghan former BBC journalists and counter-terrorism judges who claimed to be eligible for relocation to the UK pursuant to the Government’s ARAP policy.
Issues included the proper approach to interpreting policy.
R (KA and 6 others) v SoS for the Home Department, SoS for Foreign, Commonwealth and Development Affairs a nd SoS for Defence [2023] ACD 1
Representing HM Government in challenge concerning Operation Pitting, the evacuation of Afghanistan in August 2021, and its subsequent policy towards those remaining in Afghanistan.
R (SoS for Justice) v Parole Board [2022] 1 WLR 4270, [2022] ACD 81
Leading authority concerning the nature of the public protection test.
R (Project for the Registration of Children as British Citizens and O (a child)) v SoS for the Home Department [2022] 2 WLR 343
Supreme Court case concerning the fees charged to children to register as British citizens. The leading case on principles of statutory construction.
R (Good Law Project, Dale Vince, Ecotricity New Ventures Ltd and others) v Prime Minister and SoS for Health and Social Care (2021)
Representing the Prime Minister and Health Secretary in challenge to the Government’s Covid-19 mass asymptomatic testing programme, known as ‘Operation Moonshot’, and the procurement exercise relating to it.
R (Dickins) v Parole Board [2021] 1 WLR 4126, [2021] ACD 83
Judicial review concerning the Parole Board’s powers to reconsider its decisions where previously unavailable evidence has come to light.
R (G-A-Y Group Ltd) v SoS for Health and Social Care (2020)
Judicial review of the hospitality curfew imposed in response to the Covid-19 pandemic.
R (Marie McCourt) v Parole Board of England and Wales [2020] EWHC 2320, [2020] ACD 127
Challenge to 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; also concerning the standing of victims to bring judicial review claims.
R (National Farmers Union) v SoS for the Environment, Food and Rural Affairs [2020] EWHC 1192 (Admin), [2021] Env LR 1
Judicial review of the decision to prevent badger culling in Derbyshire in 2019, involving allegations that the Prime Minister and his fiancée had improperly interfered in the decision-making process.
SoS for the Home Department v Devani [2020] 1 WLR 2613, [2020] Imm AR 1183
Concerning the circumstances in which the courts are permitted to reject a foreign government’s assurances of good treatment following extradition; and the slip rule in the tribunal jurisdiction.
R (Al-Enein) v SoS for the Home Department [2020] 1 WLR 1349, [2020] Imm AR 553, [2020] INLR 365
Court of Appeal decision relating to the vires of the Secretary of State’s good character policy for naturalisation applications; and clarification of the JCWI constitutional law principle.
SoS for the Home Department v JS (Uganda) [2020] 1 WLR 43, [2020] Imm AR 258, [2020] INLR 67, The Times, 10 January 2020
Court of Appeal case concerning the meaning and applicability of the Refugee Convention and the circumstances in which refugee status can be cancelled or withdrawn.
SoS for the Home Department v QT [2019] EWHC 2583 (Admin)
Representing the Home Secretary in review of the decision to impose terrorism prevention and investigation measures (TPIM) on QT, a member of Al-Muhajiroun (ALM).
Belhaj & Boudchar v Rt Hon Jack Straw, Sir Mark Allen CMG, MI6, MI5, Attorney General, Foreign & Commonwealth Office, Home Office (2018)
Representing all 7 defendants in claim involving allegations of British government and intelligence agency complicity in kidnap, extraordinary rendition and torture of the former leader of the Libyan Islamic Fighting Group and his pregnant wife.