Public Law & Regulatory
Reflective of the expansive nature of modern government, Caroline has a wide-ranging public and regulatory law practice, with a developing expertise in litigation involving a national security dimension.
Caroline’s national security work includes civil damages claims (arising from allegations of false imprisonment and/or misfeasance in public office) and immigration bail applications requiring consideration of Article 5 ECHR. Her aptitude for constructing legal submissions from ‘first principles’ - enhanced in the course of her international work (see further below) - is well-suited to this area of work, particularly in relation to the novel human rights and disclosure issues which frequently arise.
In September 2016, following 5 years on the ‘C Panel’, Caroline was appointed to the ‘B Panel’ of the Attorney-General’s List of Junior Counsel. Having observed judicial review from both sides of the public law spectrum, she is sensitive to the frustrations and complexities of litigating both for and against public authorities.
PUBLIC LAW AND HUMAN RIGHTS
National Security cases of note include:
- W and Ors v SSHD (Special Immigration Appeals Commission, 25 January 2013 and Court of Appeal – Judgment pending) Deportation appeal challenging the ‘safety on return’ to Algeria of several suspected terrorists (CoA: whether Algerian prison conditions breach Article 3 ECHR; appropriate standard to be applied in ‘foreign’ cases; SIAC: legality of DWA (deportation with assurances) arrangements in light of ‘reverse-closed’ evidence submitted by the Appellants)
- R (Sarkandi and Ors) v Secretary of State for Foreign and Commonwealth Affairs  EWHC 2359 (Admin) (ongoing)
Judicial Review of the Foreign Secretary’s decision to propose five individuals alleged to be senior members of IRISL (Islamic Republic of Iran Shipping Lines) for designation on the list of those subject to EU sanctions (application for a closed material procedure under section 6 of the Justice and Security Act 2013; interplay between domestic and EU processes leading to the imposition and annulment of sanctions)
- L1 v Secretary of State for the Home Department (ongoing)
Statutory review and appeal by an individual deprived of British nationality and subsequently excluded from the UK (whether the Secretary of State abused her powers by deliberately seeking to deprive this individual whilst he was abroad)
- Al Rawi & Ors v The Security Service & Others (2010)
Multi-party civil litigation arising from the detention of individuals at Guantanamo Bay and Coalition facilities, raising complicated issues of disclosure and international human rights and humanitarian law. This work was undertaken, in part, during a six-month secondment to the Foreign and Commonwealth Office
Other Public Law cases of note:
- Advising the Department for Education regarding the potential termination of an Academy’s funding as a result of poor governance and failure to comply with the Independent School Standards (consideration of the Education (Independent School Standards) (England) Regulations 2010, in particular provisions relating to safeguarding and the need to promote community cohesion)
- Syed & Ors v Secretary of State for the Home Department  EWCA Civ 196
Interpretation of the Immigration Rules (whether ACCA Professional Level Qualification was a “UK recognised bachelor or postgraduate degree” qualifying for the award of points under the Tier 1 (Post Study) work route; role of UK NARIC in assessing the level of non-degree qualifications obtained in the UK)
- Nicolaou v Redbridge Magistrates’ Court (2011)
Advising as to the legality of a European Arrest Warrant and the interpretation of section 1 of the Child Abduction Act 1984
- Cattrell v Secretary of State for Work and Pensions  EWCA Civ 572, Lawtel 29 March 2011
Successfully resisting an appeal by the Secretary of State challenging the award of Incapacity Benefit, in exceptional circumstances, to an allergy sufferer (interpretation of Regulation 27 of the Social Security (Incapacity for Work) (General) Regulations 1995 and the meaning of “substantial risk”)
- R (Compton) v Wiltshire PCT  EWHC 1824 (Admin), Lawtel 28th July 2009
Judicial Review of a Primary Care Trust’s decisions regarding the closure of hospital facilities (lawfulness of the consultation process; principles governing the apparent bias of advisors to public authorities)
- R (Compton) v Wiltshire PCT  EWCA Civ 749, 1 WLR 1436 (assisted during pupillage)
One of the leading Court of Appeal authorities on Protective Costs Orders (guidance on the criteria and procedure for making and setting aside protective costs orders; scope of the “general public importance” test)
Caroline has also advised in relation to challenging decisions of the Police Medical Appeals Board (receipt of injury awards/pensions) and various public law matters arising from UK Border Agency enforcement action (including challenging the improper exercise of judicial discretion to grant leave to appeal out of time).
Other public law experience
Prior to being called to the Bar, Caroline gained extensive experience of public law and human rights issues. As a Legal Intern at the Public Law Project for 7 months (2005), she advised on diverse matters ranging from the powers of the Criminal Records Bureau and DVLA to challenging the lack of support for ‘looked after’ children. One of her more unusual cases involved the decision of a PCT Joint Exceptions Panel concerning the provision of elective plastic surgery.
In 2006, Caroline worked as a researcher on the ‘The Dynamics of Judicial Review Litigation’, a Nuffield Foundation-sponsored study into the mechanics of judicial review, in particular the permission stage, undertaken by the Human Rights Centre at the University of Essex. As part of this research, Caroline interviewed dozens of solicitors - working for central and local Government, leading private firms and NGOs - about their experience of the judicial review process. These interviews related to specific judicial review applications covering all the core public law areas, including prison law, education and asylum support.
Regulatory law cases include:
- JC v OFSTED  UKFTT 449 (HESC)
On behalf of OFSTED, successfully resisting the appellant’s appeal against temporary suspension from the register of childminders
- General Medical Council v Abayomi (2010)
Instructed as a junior in a 6-week prosecution of a doctor before the GMC’s Fitness to Practise Panel (charges of dishonesty and financial misfeasance)
- Representing a Councillor accused of breaching the Code of Conduct before his Local Standards Committee. Thereafter, appealing to the First Tier Tribunal (Local Government Standards of England Chamber)
INTERNATIONAL LAW AND HUMAN RIGHTS
Caroline’s work in various foreign jurisdictions complements her domestic public law and human rights practice.
- Appeals Chamber, Special Court for Sierra Leone, The Hague (2012) – as a Judicial Assistant (P3), Caroline worked on the preliminary appellate proceedings arising from the conviction of Charles Taylor, former President of Liberia, for being an accessory to war crimes and crimes against humanity in neighbouring Sierra Leone. This role involved complex legal research, drafting and case-analysis.
- Visiting Pegasus Scholar, Legal Resources Centre, Cape Town (Autumn 2011) – a privileged opportunity to work at the ‘coal face’ of public interest law in South Africa, encompassing a variety of public law and constitutional challenges. Please see Caroline’s report in the Inner Temple Yearbook for further details.
- War Crimes Chamber, State Court of Bosnia and Herzegovina, Sarajevo (2007) – as a Judicial Assistant, Caroline drafted procedural and substantive decisions, including a major Judgment in a case involving crimes against humanity (Tanasković, X-KRŽ-05/165) and a procedural decision concerning the legitimate use of pre-trial confessions as evidence and the scope of the right to silence.