William is regularly instructed in judicial review matters. He has particular experience of cases relating to human trafficking, detention powers and challenges to management of prisoners.
Featured Public Law cases
R(Pompe) v Secretary of State for Foreign Commonwealth and Development Affairs [2025] EWHC 1489 (Admin)
Led by Sir James Eadie KC. William was instructed by the Foreign Secretary to resist an application for interim relief which would have prevented the UK from signing a treaty with Mauritius regarding the sovereignty of the Chagos Islands. Interim relief was initially granted by Mr Justice Goose at 02.25 on 22 May 2025. However, that order was discharged by Mr Justice Chamberlain later the same day. Mr Justice Chamberlain refused to grant any further interim relief.
R(Neophytou) v Governor of HMP Berwyn and Secretary of State for Justice [2025] EWCA Civ 348, [2025] 4 W.L.R. 37
Representing the Respondents as sole counsel in the Court of Appeal. This key issue in this case was whether there were errors in a prison governor’s decision not to refer the Appellant’s application for Early Release on Compassionate Grounds to the SSJ for substantive consideration. The Court held that there were errors in the decision not to refer.
R (Fitzgerald) v Parole Board of England and Wales [2025] EWHC 424 (Admin)
Representing the Parole Board in a challenge by a prisoner to procedural delays in considering his case. The Claimant was a prisoner serving a life sentence. The Board was required to convene a hearing to assess whether he was safe to be released from custody upon expiry of his tariff. The Court (Fordham J) held that the Board had violated the claimant’s ECHR art.5(4) right to a speedy hearing, having regard to his particular circumstances.
R(KM (Nigeria)) v Secretary of State for the Home Department [2025] UKUT 92 (IAC), [2025] 1 W.L.R. 3322
Representing the Home Secretary. The issue in this case was whether the Applicant was entitled to leave to remain in the UK as a victim of trafficking, with reference in particular to Article 14 of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT). The Tribunal (UTJ Stephen Smith) held that the fact that the Applicant was being prosecuted for offences arising from their experience of modern slavery did not render his stay in the UK necessary owing to his personal situation. Nor was there any public law obligation on the Home Secretary to refer victims of trafficking to multiple police forces where alleged instances of trafficking had occurred in different parts of the country.
R(New Hope Care Ltd) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin), [2024] 1 W.L.R. 4504
Representing the Home Secretary. The Claimant challenged a decision by the Home Secretary to cancel its licence to sponsor overseas workers to come to the UK. The Court held that there had been procedural errors in the decision-making and allowed the application for judicial review.
R(VT & Others) v Commissioner of the British Indian Ocean Territory (BIOT SC 15&16 2023)
William represented the Commissioner of the BIOT in a claim for habeas corpus/unlawful detention, led by John McKendrick KC. The hearing of the claim took place on the island of Diego Garcia. The central issue was whether migrants who had arrived in the BIOT were being detained in a camp where they were accommodated; and if so, whether that detention was lawful. The judge (Margaret Obi) held that the migrants were detained and that that detention was unlawful.
R(CT & Others) v Commissioner of the British Indian Ocean Territory (BIOT SC 17, 18, 19& 20 2024)
William represented the Commissioner of the BIOT in claims relating to safeguarding arrangements made for children in the BIOT (led by Jonathan Auburn KC). The core legal issue was whether the Children Act 1989 applied in BIOT. The Judge held that the CA 1989 did apply in BIOT.
R(Clarke) v Secretary of State for Justice [2024] EWCA Civ 861
Representing the Secretary of State for Justice (SSJ) as sole counsel in the Court of Appeal. The core issue in this appeal was whether the SSJ erred by failing to hold an oral hearing before deciding not to downgrade the Appellant from a Category A to Category B prisoner.
The Court held that the SSJ’s Category A Review Team had not breached the requirements of the relevant Prison Service Instruction and had not acted unfairly in refusing to hold an oral hearing so that the prisoner could comment on the Local Advisory Panel’s recommendation before the final decision was made. The appeal was dismissed.
R(EOG) v Secretary of State for the Home Department [2022] EWCA Civ 307, [2023] Q.B. 351
Representing the Home Secretary, led by Robin Tam KC. William represented the Home Secretary as sole counsel at first instance.
The Court held that Article 10(2) of the Council of Europe Convention on Action against Trafficking in Human Beings did not impose on the UK an obligation to grant leave to remain to a potential victim of trafficking while she waited for confirmation of her status as such a victim. All Article 10(2) said was that the potential victim should not be removed during that time.
R(MA) v Secretary of State for the Home Department [2022] EWCA Civ 1663, [2023] Imm. A.R. 405
Representing the Home Secretary, led by Deok Joo Rhee KC. The issue in this case was the lawfulness of the Home Secretary’s guidance governing age assessment of migrants arriving in small boats across the Channel. The Court allowed the Home Secretary’s appeal, overturning the first instance judge’s decision that the guidance was unlawful.
R (MN & IXU) v Secretary of State for the Home Department [2020] EWCA Civ 1746; [2021] H.R.L.R. 2
Two linked appeals against decisions of the Administrative Court regarding human trafficking. William Irwin represented the Secretary of State, led by Sir James Eadie QC. William represented the Secretary of State at first instance in both cases, in MN’s case led by Gwion Lewis of Landmark Chambers and in IXU without a leader.
The case principally concerned the standard of proof to be applied by the Secretary of State in cases concerning human trafficking. The process for identifying trafficking victims involves two decisions – the reasonable grounds (RGs) decision and the conclusive grounds (CGs) decision. The RGs decision is made on a low standard of proof; a person is entitled to a positive RGs decision if the Secretary of State suspects but cannot prove that that person is a victim of trafficking. The CGs decision is made on the balance of probabilities.
The Appellants (with whom the Interveners agreed) contended that it was unlawful to apply the civil standard of proof at the CGs stage. The Appellants and Interveners said that relevant international instruments – in particular the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT), the EU Trafficking Directive (2011/36/EU) and Article 4 ECHR.
The Court dismissed the Appellants’ challenge to the lawfulness of the standard of proof.