Claire Weir

Claire’s practice spans all areas of public law, with particular emphasis in human rights.  It includes professional regulation and discipline, prison law, immigration and nationality and privacy.  She has particular expertise in the area of property rights.  She has extensive experience of taking cases to the European Court of Human Rights in Strasbourg, and has appeared before the Grand Chamber.   She has advised and acted for clients including individual applicants, various Government Departments, local authorities, the Human Fertilisation and Embryology Authority, the Legal Services Commission, the GMC, the Law Society, the Shrievalty Association, the Land Registry, the Northern Ireland Human Rights Commission and the Information Commissioner.   

She is a contributor to Emerson and Simor, “Human Rights Practice” (chapters on property rights and the right to freedom of religion) and a member of the Administrative Law Bar Association.

ECHR and Civil Liberties:

Strasbourg:

Dickie and Collingborn v. United Kingdom (ongoing)
Instructed by the FCO in a case concerning differential entitlement of men and woman to additional pension based on a deceased spouse’s contributions (Article 14 and A1P1).

Syngelidis v. Greece (ongoing)
Instructed by an applicant in a case involving parliamentary immunity.  The Greek Parliament has denied him permission to bring proceedings against his former wife (an MP) concerning her failure to comply with a court order regulating his contact with their child (Articles 6 and 14). 

Stec v. United Kingdom  (2005) 41 EHRR SE18 (property rights) (2006) 43 EHRR 47 (discrimination) (Grand Chamber) 
Instructed by the FCO in a Grand Chamber case concerning whether non-contributory social security benefits were “possessions”, and the scope of the State’s margin of appreciation in justifying differential access to benefits (Article 14 and A1P1).

Mizzi v. Malta (2008) 46 EHRR 27
Successfully challenged a Maltese legal presumption that the applicant was the father of his wife’s child, notwithstanding the fact that he had obtained DNA evidence which demonstrated she was not biologically his child (Articles 6, 8 and 14).

Church of Scientology v. Russia; Church of Scientology v. France (ongoing)
Instructed by the Church in two applications concerning “anti-cult” legislation potentially restricting the rights of the Church and its members to freedom of religion, freedom of speech and freedom of association.  The case against Russia has recently been declared admissible and is awaiting a hearing.  The case against France is awaiting a decision on admissibility (Articles 9, 10, 11 and 14).

DH v. Czech Republic, decision of 13 November 2007 (Grand Chamber)
Involved in preparing an expert opinion on indirect discrimination law in the United Kingdom for Interights, intervening in a case successfully brought by a number of Romany children concerning discriminatory access to education in the Czech Republic (Article 14 and A2P1).

Matthews v United Kingdom, admissibility decision of 28 November 2000.  
Appeared before the Court in a case concerning the discriminatory difference in the age at which women and men were entitled to receive free local transport.  The application was declared admissible and was then settled in advance of the full hearing (Articles 6, 14 and A1P1).

UK Courts:

Shareholders of Northern Rock (ongoing)
Acting for one of the hedge funds deprived of its shares when Northern Rock was nationalised, in proceedings challenging the compensation scheme established as part of the nationalisation (A1P1).

AL v. Human Fertilisation and Embryology Authority (ongoing)
Instructed by the HFEA in proceedings concerning the legality of the use by a woman of sperm extracted from her husband shortly after his death, without his written consent.  The claimant relies on EC Law and the ECHR (Article 8) 

In re Kelly Taylor (2007)
Instructed by a hospice resisting a request by a terminally ill woman who wished to have morphine administered to her to the point of unconsciousness and death. 

In re the Family Planning Association of Northern Ireland [2004] NICA 39 and ongoing
Acting for the fpaNI in ongoing proceedings arising out the NI Department of Health’s continuing failure to produce guidance on abortion services in Northern Ireland. 

R (Brian Robertson) v The Secretary of State & (1) Experian Ltd (2) Equifax plc [2003] EWHC 1760 (Admin) The Times 11 August 2003
Acted on behalf of the two main credit reference agencies in proceedings challenging the provision of the full electoral register to those agencies as contrary to the claimant’s right to vote

R v. Lord Chancellor and Lord Chief Justice of Northern Ireland, ex parte Treacy and MacDonald [2000] NIQB 6
Intervened on behalf of the Northern Ireland Human Rights Commission in proceedings challenging the requirement that Queens’ Counsel swear allegiance to the Queen (Articles 9 and 10)

R v Advertising Standards Authority, ex parte Charles Robertson (Developments) Ltd, The Times, 26 November 1999 (QBD)

Regulatory:

As well as appearing regularly in the Administrative Court, Claire has represented clients and regulators before committees of the Human Fertilisation and Embryology Authority, General Medical Council, General Chiropractic Council and Hearing Aids Council.  She regularly advises and appears for the GMC and the HFEA.

She advised DLA on solicitors’ regulatory issues arising from its merger with Piper Rudnick to create one of the world’s largest law firms.

Watson v. GMC [2006] ICR 113
Acted for the GMC in proceedings challenging the fairness of the procedure adopted in relation to expert medical assessors at a disciplinary hearing

Taranissi v. Human Fertilisation and Embryology Authority (2007)
Acted for and advised the HFEA in relation to various judicial review proceedings brought by the claimant following a “Panorama” programme concerning his fertility clinics.  Represented the HFEA Executive in disciplinary proceedings brought against the claimant.  

In re PCCW (2007)
Instructed to assist with Hong Kong proceedings challenging a decision of the Hong Kong Telecommunications Authority on the ground of apparent bias.

In re Nuttall (2007)
Instructed by an individual in proceedings brought against him by PhonePayPlus, the premium rate telecommunications regulator, arising out of irregularities in the operation of GMTV competitions. 

Hong Kong utilities company (2007)
Advised a major Hong Kong utilities company on whether proposed regulation in the sphere was likely to breach its property rights.

Immigration and Nationality:

Claire is regularly instructed by the Treasury Solicitor in immigration matters, and has appeared in the Administrative Court, Court of Appeal and House of Lords.  She has also represented individual appellants before the Asylum and Immigration Tribunal, and she regularly advises individuals on immigration and visa issues. 

AA (Uganda) v. SSHD (ongoing)
Appeared on behalf of the SSHD in an appeal before the Court of Appeal concerning internal relocation and humanitarian protection.

R (European Roma Rights Centre) v. An Immigration Officer at Prague Airport [2005] 2 AC 1 (HL)
Appeared for the SSHD in House of Lords proceedings concerning the compatibility of an entry clearance scheme, operated outside the UK, with the United Kingdom’s international treaty obligations, and the Race Relations Act 1976. 

Prisons

Claire is regularly instructed by the Treasury Solicitor in prison cases, and those raising human rights issues in particular.

Cawley v. Parole Board [2007] EWHC 2649 (Admin)
Appeared on behalf of the SSHD in proceedings concerning the compatibility of alleged delays in the claimant’s parole process with Article 5(4) of the Convention.

Brownhill v. SSHD (2008)
Acted on behalf of the SSHD in proceedings challenging the reasonableness of the SSHD’s decision not to downgrade the claimant from category A to category B. 

Claire has advised on and appeared in cases in Employment Tribunals and county courts involving sex and race discrimination, discrimination on the grounds of sexual orientation and religion, transfer of undertakings, whistleblowing, wrongful and unfair dismissal and redundancy.  She also has experience of equal pay issues and restrictive covenants.

She has often appeared for applicants, including in a race discrimination claim brought by an ex-employee against a global car manufacturer, and in a successful claim against a major commercial radio station.

Madarassy v. Nomura International plc [2007] ICR 867
Acted for Nomura in an important Court of Appeal case concerning the burden of proof in discrimination cases, and the statutory duty to carry out risk assessments in relation to pregnant employees. 

RMT v. UPS and Lynx (2007)
Acted for UPS in a substantial dispute concerning transfer of undertakings and employee consultation.

Carter v. Lazards (2007)
Acted for Lazards in large-scale sex discrimination and unfair dismissal proceedings brought by a former employee.

Majeed v. Citigroup plc (2005-2006)
Successfully defended Citigroup plc against race and religious discrimination and victimisation claims brought by a Muslim ex-employee following September 11. 

Holliday v. AES (2004)
Territorial jurisdiction of the Tribunal in unfair dismissal and unlawful deductions from wages proceedings.

Logan v. Metropolitan Police Service (2003)
Instructed by the Metropolitan Police Service in high-profile race discrimination cases brought against the Service by senior, serving members of the Metropolitan Black Police Association and National Black Police Association.

Contributor to Tolley’s Discrimination in Employment Handbook (section on burden of proof).

Previous Experience:

After leaving Cambridge Claire worked for a year as research assistant to Lord Lester of Herne Hill QC, writing speeches and articles on human rights, discrimination and EC Law.  She then spent a year at Harvard on a Fulbright Scholarship, specialising in antitrust law and discrimination law.