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Richard Clayton QC
 

 

“Richard is very thorough and well versed with judicial review applications” "bright, creative and wonderful to work with” Chambers Directory 2022 (Civil Liberties and Human Rights)

“An encyclopaedic knowledge of human rights law, a charming advocate and tackles difficult cases fearlessly.” Legal 500 (2021) (Civil Liberties and Human Rights)

“He’s willing to listen, tactically astute, knows a lot about core procedure and is good at identifying the key issues of a case.” Chambers and Partners – 2020 (Civil Liberties and Human Rights)

“A very knowledgeable silk” Legal 500 – 2020 (Civil Liberties and Human Rights)

Chambers Directory 2019 “one of the finest minds at the Bar… an intellectual giant who is an asset to the Bar” (Civil Liberties and Human Rights)

 

Practice areas

Richard undertakes a wide range of advisory and litigation work (both for and against public bodies) covering data protection and freedom of information, discrimination, environmental, healthcare, human rights, local government, public procurement, Privy Council appeals, international work (particularly constitutional cases) and all types of commercial disputes.  He has extensive experience in conducting Supreme Court and Privy Council appeals.  Lord Wilson in Mohammed v Public Service Commission of Trinidad [2017] UKPC 31 said “Mr Clayton QC with the charm and skill which is characteristic of him”.  He undertakes work in the Caribbean (Anguilla, Bahamas, Belize, Cayman, St Vincent, Trinidad, Turks & Caicos) and  Gibraltar.

 

Recent cases of note include:

  • A-G Anguilla v Lake (2022) (Privy Council- compulsory purchase order)
  • Allen v Panorama (2022) Gibraltar CA (whether constitutional right to jury in libel case)
  • Stagnetto v Cassaglia (2022) Gibraltar CA (first case on Gibraltar Bullying Act 2014)
  • Swale DC v Total Sprint (2022) (Business rates claim for £500,000 to be appealed as Case Stated)
  • Seepersad v AG Trinidad (2021) (PC) (protection of law)
  • Southwark LBC v Ludgate House (2021) (CA- whether “guardianship schemes” exempt from business rates)
  • R(Hannah) v Chartered Institute of Taxation (2021) (fairness and HRA challenge to Institute’s referral of his case to  Taxation Disciplinary Board)
  • R(D & A) v Tandridge DC (2021) (homelessness)
  • Garcia v Commissioners of Inquiry (2020) (Trinidad judicial review of Commissioners of inquiry into Las Alturas Towers)
  • Maharaj v Petroliam Company of Trinidad (2019) (PC) (freedom of information)
  • Sahatoo v AG of Tobago (2019) (PC) (equality of treatment)
  • Gopeesingh v Al Rawi (2019) (Trinidad CA) (election bias application in relation to Archie CJ)
  • A-G of Trinidad v Maharaj (2019) (PC) (judicial appointments of Supreme Court judges)
  • A-G of Trinidad v Sturge (2019) (Trinidad CA) (successful appeal of contempt of court finding against advocate)
  • Seepersad v Ayers-Ceasar (2018) (interim constitutional remedies)
  • Jones v Teaching Regulation Authority (2019) (whether Secretary of State had power to supplement his statutory procedures by using common law power)
  • Hollandwest v  HMRC (2019) (injunctions granted to preserve right of access to Court to clarify Supreme Court decision
  • Central Broadcasting Services v A-G of Trinidad (2018) (damages for breach of freedom of expression- Privy Council);
  • Hart v Commissioners of Inquiry (2018) (Trinidad judicial review of Commissioners of inquiry into Las Alturas Towers)
  • R(Page) v Darlington BC (2018) (local government cuts)
  • R (British Homeopathy Association v National Health Service England (2018) (consultation challenge to terminating homeopathy treatment);
     

Appointments

  • Deputy High Court Judge (2012)
  • United Kingdom’s representative to Venice Commission (Council of Europe’s advisory body on constitutional law) (2011- 2019)
  • (Executive Committee; Chairman of Working Methods Sub-Commission)
  • Recorder (Crown Court) (2006)
  • Bencher, Middle Temple (2009)
  • Visiting Professor, University College, London (2015 to 2024)
  • Supreme Court User Group since 2009;
  • Chairman, Constitutional and Administrative Bar Association (2008-2010)
  • Editorial Board, Public Law since 2016
  • Bar Council:

Chairman, Bar Council Committee on Civil Legal Aid 2005-2012; Vice Chairman Bar Council Remuneration Committee 2006-2008; Bar Council Remuneration Committee 2005 to 2010; Bar Council Public Affairs Committee 2006-2007; Bar Council International Affairs Committee 2008-2010; Bar Council 2004-2007.

 

Publications:

Joint author with Hugh Tomlinson QC:

  • The Law of Human Rights (Oxford University Press, 2nd edn, 2009)- the standard practitioner textbook cited in House of Lords, Privy Council and Supreme Court over 45 times
  • Civil Actions against the Police (3rd edn, Sweet & Maxwell 2004)
  • Judicial Review Procedure (2nd edn, Hart Publishing 1997)
  • Police Actions (2nd edn, Hart Publishing 1997)

 

Author:

  • Are Rights Wrong (Oxford University Press, forthcoming)
  • Practice and Procedure at Industrial Tribunals (Legal Action, 1988)

 

Regularly contributes to academic journals eg Caribbean Law Journal, Public Law, European Human Rights Law Review; the Constitutional Law Blog, Commonwealth Lawyers Association Bulletin, the Cambridge Law Journal etc

© Council of Europe 2007-2024