Dinah Rose QC

Administrative Law:

Dinah acts for both claimants and defendants in judicial review, statutory appeals, and hearings before specialist tribunals including the Competition Appeals Tribunal and the Special Immigration Appeals Commission.

She has advised and represented a wide variety of regulators, including Ofcom, Ofgem, the Human Fertilisation and Embryology Authority, the GMC and other medical regulators, the Independent Police Complaints Commission, the Advertising Standards Authority, the Postal Services Commission, The Teaching Standards Council, the Bar Council and the Law Society.

She has represented a variety of Government departments, including the Home Office, the Northern Ireland Office, BIS, the Environment Agency, the Food Standards Agency, and the DCA. She has acted as a Special Advocate in national security cases before SIAC.

Claimants Dinah has represented include companies and individuals with public law complaints against regulators, NGOs with public interest cases, including Corner House and the Campaign against Arms Trade, and individuals whose civil liberties have been infringed. Dinah has also represented JUSTICE, Liberty, and other public interest groups in appellate interventions.

Civil Liberties and Human Rights:

Dinah represents claimants and defendants, including the United Kingdom and foreign Governments, in domestic proceedings and proceedings before the European Court of Human Rights.

Regulation and Professional Discipline:

Dinah regularly represents both regulatory bodies and those subject to regulation, in judicial review applications, statutory appeals and disciplinary proceedings.

Immigration:

Dinah undertakes immigration appeals before the Court of Appeal, as well as judicial review relating to immigration and asylum cases. She has a particular interest in national security cases (including cases before SIAC) and the protection of the rights of trafficked women.

Administrative Law:

• R (William Hill) v British Horseracing Betting and and Levy Board [2012] EWHC 2039 (Admin)
  Representing the Claimant in judicial review concerning the applicability of the Horseracing Levy to business users of internet betting exchanges. Pending before Court of Appeal.
• R (C) v Financial Services Commission [2012] EWHC 1417 (Admin)
  Representing the Claimant in judicial review of FSA's RDC, for failure to give reasons. Pending before Court of Appeal.
• R (S (Sri Lanka) v Secretary of State for the Home Department [pending, Administrative Court]
  Representing Claimant in judicial review of Home Office's public disclosures of complaints of mistreatment made by asylum seeker returned to Sri Lanka.  
• R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts & Another [2012] EWCA Civ 472
  Representing the Joint Committee of Primary Care Trusts in their successful appeal as to the legality of their major consultations that led to their proposals to close the children’s heart surgery unit at the Royal Brompton Hospital.  The Court of Appeal stressed that the Administrative Court should be slow to intervene in a continuing consultation process, and overturned the Judge’s decision that the consultation had been unfair. 
• R (Sinclair Collis) v Secretary of State for Health [2011] EWCA Civ 437
  Representing the claimant in a challenge to the ban on tobacco vending machines, based on Article 34 TFEU.
• R (Law Society) v Legal Services Commission [2010] EWHC 2550 (Admin)
  Represented the Law Society in a successful judicial review of the tendering process for the Legal Aid scheme for new family law cases.
• R (Tottenham Hotspur FC) v Newham BC and others
  Representing Tottenham in pending challenge to the decision to appoint West Ham as preferred bidder for the Olympic Stadium. Challenged as an unlawful State Aid.
• Medical Justice v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) (Pending before CA) 
  Represented the Claimant in a successful judicial review of Home Office policy of removing asylum seekers from the UK without notice.
• R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Office [2009] EWHC 1159 (Admin); [2009] EWHC 152 (Admin); [2010] EWCA Civ 65; [2010] EWCA Civ 158
  Representing the Claimant in judicial review, concerning the UK’s complicity in torture and extraordinary rendition.
• R (Age UK v Secretary of State for Business Innovations & Skills [2009] EWHC 2336 (Admin); [2010] ILR 260; ECJ Case C-388/07; [2009] ECR I-1569
  Judicial review of default retirement age in new Employment Equality (Age) Regulations 2006, alleging incompatibility with EU law.  Represented the Defendant. Now referred to the ECJ.
• R (E) v JFS [2009] EWCA Civ 626 [2009] UKSC 15; [2010] 2 WLR 153
  Representing the Claimant in judicial review of the entry criteria of a Jewish comprehensive school.
• R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] UKHL 45; [2009] 1 AC 345
  Representing the DPP in a judicial review concerning the prohibition on assisted suicide. 
• R (Equitable Members Action Group) v HM Treasury [2009] EWHC 2495 (Admin)
  Representing Claimants impending judicial review of the Government’s refusal to accept findings of mal administration in relation to the collapse of Equitable Life.
• R (Saunders) v Independent Police Complaints Commission [2009] EWCA Civ 187
  Representing the IPCC in judicial review concerning the fatal shooting of a barrister by police, and police conferring when making statements.
• Hutchison 3G  UK Ltd v Ofcom/Vodafone v Ofcom [2009] CAT 11
  Representing H3G, in a number of continuing appeals in the CAT against decisions of Ofcom concerning mobile call termination charges and mobile number portability.

Civil Liberties & Human Rights 

• Assange v CPS [2012] UKSC 22
  Representing the Appellant in challenge to validity of European Arrest Warrant issued by a public prosecutor.  
• Ladele v UK (ECtHR September 2012)
  Representing the applicant in ECtHR in a claim concerning a Christian registrar who refused to perform civil partnerships, and was disciplined for gross misconduct.
• R (Sandown Free Presbyterian Church) v Advertising Standards Authority [2011] NIQB 26
  Representing the ASA in a challenge to the ruling on an advertisement attacking a gay pride parade, raising issues of freedom of religion and freedom of expression.
• Al Rawi v Security Services and ors [2011] UKSC 34
  Represented the claimants in an appeal concerning secret evidence in civil proceedings. 
• R (Smith) v Oxfordshire Assistant Deputy Coroner [2010] UKSC 29; [2010] 3 WLR 223
  Represented the Claimant in the Supreme Court in an appeal concerning the question of whether British troops serving abroad are covered by the Human Rights Act.
• R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Office [2009] EWHC 1159 (Admin); EWHC 152 (Admin); [2010] EWCA Civ 65; [2010] EWCA Civ 158
  Representing the Claimant in judicial review, concerning the UK’s complicity in torture and extraordinary rendition.
• R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] UKHL 45; [2009] 1 AC 345
  Representing the DPP in a judicial review concerning the prohibition on assisted suicide. 

See also cases listed under administrative law, many of which raise human rights issues.

Immigration

• R (S (Sri Lanka) v Secretary of State for the Home Department [pending, Administrative Court]
  Representing Claimant in judicial review of Home Office's public disclosures of complaints of mistreatment made by asylum seeker returned to Sri Lanka. 
• R (NS) v Secretary of State for Home Office, Case C-411/10 ECJ (Grand Chamber) 21.12.2011
  Challenge to the removal of an asylum seeker to Greece on grounds of breach of fundamental rights by the Greek State. It is the first case addressing the scope of rights under the EU Charter of Fundamental Rights.
• PO (Nigeria) v of State for Home Office [2011] EWCA Civ 132
  Represented the Appellant in a successful appeal concerning the return of a trafficked woman to Nigeria.
• Medical Justice v Secretary of State for the Home Department [2010] EWHC 1925 (Admin), [2011] EWCA Civ 1710
  Represented the Claimant in a successful judicial review of Home Office policy of removing asylum seekers from the UK without notice.

European Court of Human Rights

• Bata v Czech Republic
  Representing the Applicant, in a pending claim concerning the confiscation of extensive property in the former Czechoslovakia in 1948.
• ZABA V Croatia
  Representing the Applicant in a pending claim concerning the violation of the property rights of a Croatian Bank.

Administrative Law:

• R (Corner House and Campaign Against the Arms Trade) v Serious Fraud Office [2008] UKHL 60; [2008] 3 W.L.R. 568
• R (Bradley and Others) v Secretary of State for Work and Pensions Administrative Court (hearing 7 February 2007) CA 7 February 2008 [2008] EWCA Civ 36; [2009] Q.B. 114
• R (Royal Mail) v Postal Services Commission [2008] EWCA Civ 33 
• R (Friends of the Earth) v Food Standards Agency [2007] EWHC 558 (Admin); [2008] Env. L.R. 35
• R (Equal Opportunities Commission) v Secretary of State for Trade & Industry [2007] EWHC 483 (Admin);  [2007] I.R.L.R. 327
• R (Sinn Fein) v Secretary of State for Northern Ireland [2007] EWHC 12 (Admin)
• R (Lin) v Secretary of State for Transport (Administrative Court July 2006)
• R (Da Silva) v DPP and Independent Police Complaints Commission [2006] EWHC 3204 (Admin)
• R (Burke) v General Medical Council (CA) [2005] EWCA Civ 1003; [2006] Q.B. 273 
• R (Wilkinson) v Inland Revenue Commissioners (House of Lords) [2005] UKHL 30; [2005] 1 W.L.R. 1718
• R (Quintavalle) v HFEA (HL) [2005] UKHL 28; [2005] 2 A.C. 561
• R (Jamba!) v Advertising Standards Authority (Admin Court) [2005] EWHC 2609 (Admin)
• R (European Roma Rights Center) v Secretary of State for the Home Department [2003] EWCA Civ 666; [2004] QB 81
• A v Leeds Hospital NHS Trust [2003] EWHC 259(QB); (2003) 1 FLR 412
• X and Y v Mirror Group Newspapers [2003] EWHC 1101 (QB)
• R (Sporting Options) v Horserace Betting Levy Board [2003] EWHC 1943 (Admin)
• Anufrijeva v Secretary of State for the Home Department [2003] UKHL 36; [2004] 1 AC 604
• R (RM) v BBC [2003] HC
• R (Heather)v Leonard Cheshire Foundation [2002] EWCA Civ 366; [2002] 2 All ER 936
• R (Widgery Soldiers) v Lord Saville of Newdigate [2001] EWCA Civ 2048; [2002] 1 WLR 1249

Civil Liberties & Human Rights

• R (Saunders) v Independent Police Complaints Commission [2008] EWHC 2372 (Admin); [2009] 1 All ER 379
• R (Savage) v South Essex Partnership NHS Trust [2008] UKHL 74
• Chief Constable of Hertfordshire Police v Van Colle [2008] UKHL 50; [2008] 3 WLR 593
• R (U) v Secretary of State for the Home Department 
• MT (Algeria) (2) RB (Algeria) (3) U (Algeria) v Secretary of State for the Home Department [2007] EWCA Civ 808
• MK v Secretary of State for the Home Department SIAC SC/29/2004, 19 May 2006
• R (Wilkinson) v Inland Revenue Commissioners (House of Lords/ECHR) [2005] UKHL 30; [2005] 1 WLR 1718
• Evans and Hadley v Amicus Healthcare and others [2003] EWHC 2161 (Fam); (2004) 2 WLR 713; [2004] EWCA Civ 72; (2005) Fam 1
• In re Mary Bell [2003] EWHC 1101; [2003] EMLR 37
• R (Rose) v Secretary of State for Health [2002] EWHC 1593 (Admin)
• In re Maxine Carr

European Court of Human Rights

• Andreadis v Greece [2004]
• Megrahi v UK [2002]
• Former King of Greece v Republic of Greece [2001]
• Tolstoy v United Kingdom [1995] 20 EHRR 442; [1996] EMLR 152
• H v United Kingdom
• Crossland v United Kingdom; Willis v United Kingdom

Environmental Law

• ECGD v Friends of the Earth [2008] EWHC 638 (Admin); [2008] Env. L.R. 40
• Ofcom v Information Commissioner (Administrative Court, April 2008)
• R (Friends of the Earth) v Food Standards Agency [2007] EWHC 558 (Admin); [2008] Env. L.R. 35
• R (OSS) v Environment Agency; R (SRM) v Environment Agency; Granox v Environment Agency; Onyx Hanson v Environment Agency; Energy Power Resources Ltd v Environment Agency
• R (Friends of the Earth) v Environment Agency [2003] EWHC 3193 (Admin); [2004] Env. L.R. 31

Professional Discipline

• R (C) v FSA [2012] EWHC 1417 (Admin) 
• Phipps v GMC [2005] EWHC 1608 (Admin); [2006] EWCA Civ 397
• R (Ghosh) v GMC; Aziz v GMC [2006] EWHC 2743
• Dzikowski v GMC [2006] EWHC 2468 (Admin)
• R (Al- Khayat) v GMC [2005] EWHC 2917 (Admin)
• R (Burke) v General Medical Council (CA) [2005] EWCA Civ 1003; [2006] Q.B. 273
• Ghosh v GMC [2001] UKPC 29; [2001] 1 W.L.R. 1915
• R v Secretary of State for Trade and Industry, ex parte Mercury Communications (1999) 149 NLJ 1646
• R v Radio Authority, ex parte Bull [1996] QB 169 (DC); [1998] QB 294 (CA)
• R v Human Fertilization and Embryology Authority, ex parte Blood [1996] 3 WLR 1176 (QBD); [1997] 2 WLR 806 (CA); [1999] Fam 151 (CA)
• R v Secretary of State for the Home Department, ex parte O'Brien [1996] 8 Admin LR 121; [1996] COD 171
• R v ITC ex parte Virgin Television Ltd [1996] EMLR 318
• R v ITC ex parte Church of Scientology [1996] COD 443
• R v Secretary of State for the Home Department, ex parte Phull [1996] Imm AR 72 (CA)
• R v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi [1996] 1 CLY 2520
• R v Secretary of State for Transport, ex parte Richmond upon Thames (No. 4) [1996] 1 WLR 1005
• R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513

Regulatory and Competition

Dinah has a wide-ranging regulatory and competition practice, acting for regulators and regulated undertakings, and has appeared regularly in both domestic courts and tribunals and the European Court of Justice.

• Tesco v OFT
  Representing Tesco in appeal to CAT against OFT decision finding that Tesco participated in concerted practice with the object of distorting competition in the market for British cheese in 2002 and 2003.  
• H3G v Ofcom
  Representing H3G in pending challenge to new mobile call termination charges. 
• BT v Ofcom [2010] CAT 15
  Appeal to CAT concerning pricing of telecoms services. Representing intevening communications providers.
• The Number v Ofcom Case C-16/10 (17 February 2011)
  Representing The Number in CAT appeal against decision rejecting complaint against BT concerning the wholesale charges for directory inquiries information.
• BSkyB and others v Ofcom
  Representing Ofcom in pending appeals brought by BSkyB, FA Premier League and other parties against Ofcom’s decision requiring BSkyB to wholesale its sports channels to other broadcasters.
• Shell and others v OFT
  Representing Shell in pending CAT appeal relating to alleged price fixing in relation to tobacco.
• J Sainsbury
  Advising J Sainsbury in relation to OFT investigations into the grocery market.
• H3G v Ofcom [2009] EWCA Civ 683
  Representing H3G in a series of appeals in the CAT and CA against decisions concerning mobile call termination charges.
• Vodafone v Ofcom [2009] CAT 11
  Representing H3G, intervening in CAT appeal concerning mobile number portability.
• O2 v Ofcom  [2008] EWCA Civ 1373; [2009] Bus. L.R. 794
  Representing Ofcom in CAT and CA. Appeal relating to the auction of the 2.6 spectrum.

• Welsh Water v Corus Plc [2007] EWCA Civ 285 
• Crehan v Inntrepreneur [2006] UKHL 38; [2007] 1 A.C. 333
• R (Sporting Options) v Horserace Betting Levy Board [2003] EWHC 1943
• R (Age Concern) v Secretary of State for Trade and Industry
• R (Equal Opportunities Commission) v Secretary of State for Trade and Industry
• Boyle v EOC [1999] ICR 360 (ECJ)
• Sirdar v Army Board, The Times, Oct 27, 1999
• Coote v Granada Hospitality [1999] ICR 100 (ECJ)
• R v Secretary of State for Social Security, ex parte Taylor, 16.12.99
• Levez v Jennings (Harlow Pools) Ltd [1999] ICR 521 (ECJ)
• Brown v Rentokil [1998] ICR 790 (ECJ)
• Atkins v Wrekin District Council [1997] ICR 75 (ECJ)
• R v Licensing Authority of the Department of Health, ex parte Scotia Pharmaceuticals [1997] BMLR 171
• R v Secretary of State for Health, ex parte Generics The Times, February 25 1997
• R v Secretary of State for Health, ex parte Richardson [1996] ICR 471 (ECJ)
• Enderby v Frenchay Health Authority [1991] 382 (EAT); [1994] ICR 112 (CA + ECJ)

Dinah acts regularly for Ofcom and for communications providers, in the CAT and the High Court, and advises on all aspects of telecommunications regulation in the UK.

• Currently advising Ofcom in relation to liberalisation of 4G spectrum, and auction of newly-available spectrum. 
• BT v Ofcom (080) [2011] EWCA Civ 245
  Representing Ofcom in an appeal concerning admissibility of evidence in the CAT. 
• BT v Ofcom [2010] CAT 15, [2012] EWCA Civ 1051
  Acting for the Altnets intervening in appeal concerning Ofcom’s resolution of a dispute as to BT’s charges for Partial Private Circuits
• O2 v Ofcom [2010] CAT 25
  Acting for Ofcom in appeal concerning O2’s entitlement to spectrum.
• The Number v Ofcom Case C-16/10 (17 February 2011)
  Representing The Number in CAT appeal against decision rejecting complaint against BT concerning the wholesale charges for directory inquiries information.
• H3G v Ofcom [2009] EWCA Civ 683
  Representing H3G in a series of appeals in the CAT and CA against decisions concerning mobile call termination charges.
• Vodafone v Ofcom [2009] CAT 11
  Representing H3G, intervening in CAT appeal concerning mobile number portability

• O2 v Ofcom  [2008] EWCA Civ 1373; [2009] Bus. L.R. 794

Dinah has a particular interest and expertise in discrimination and equal pay, and in appellate advocacy. She has considerable experience of the use of mediation to resolve employment disputes.

• President of the Methodist Conference v Preston
  Representing Methodist Conference in appeal pending before Supreme Court, concerning the question whether Methodist ministers are employees.
• USDAW v WW Realisation 1 Limited (in Liquidation)
  Representing claimants in pending appeal to EAT concerning duty to consult before mass redundancies (case arising out of the insolvency of Woolworths). 
• Clark v MPA
  Representing the claimant in a challenge to overtime pay for part-time police inspectors.
• North v Dumfries & Galloway CC (pending before the Supreme Court)
  Representing claimants in equal pay claim.
• Grainger PLC & Ors v Mr T Nicholson [2010] IRLR 4
  Represented the Claimant in an appeal which decided belief in climate change is capable of protection as a philosophical belief.
• Monster Worldwide v Whitney
  Representing the appellant in an appeal pending before the Court of Appeal, concerning an alleged contractual guarantee to protect rights under a closed final salary pension scheme.
• Seldon v Clarkson, Wright and Jakes [2010] EWCA Civ 899, [2012] UKSC 16
  Intervening for the Secretary of State in appeal concerning the justification of mandatory retirement of a partner in a Solicitor’s firm.
• R (Age UK v Secretary of State for Business Innovations & Skills [2009] EWHC 2336 (Admin); [2010] ILR 260; ECJ Case C-388/07; [2009] ECR I-1569 Case C-388/07 [2009] ICR 1080
  Representing the Defendant in a judicial review of the default retirement age in the Employment Equality (Age) Regulations 2006, which is alleged to be incompatible with EU law.  [Now referred to the ECJ].
• Health and Safety Executive v Wilson
  Representing the Claimant in an equal pay claim concerning the use of length of service as a criterion to justify a difference in pay.

• Bloxham v Freshfields Bruckhaus Deringer (ET) [2007] Pens. L.R. 375
• Tofeji v BNP Paribas
• Prebon Yamane Singapore v Spring and others
• Villalba v Merrill Lynch (EAT) [2007] I.C.R. 469
• B v BAA (EAT) [2005] ICR 1530 : [2005] IRLR 927
• Maxcor v Tullett Liberty Ltd
• Diem (Ho) v Crystal Services Plc (EAT) UKEAT/0398/05/DM, 16 December 2005
• R (Amicus and others) v Secretary of State for Trade and Industry [2004] EWHC 860 (Admin); [2007] I.C.R. 1176; [2004] I.R.L.R. 430
• R v MoD, ex parte Leale and Lane
• Bahl v Law Society (2003) EAT
• Farr and others (2003)
• Croft v Royal Mail (2003) CA
• Lawrence v Regent Office Care (2002) ECJ
• RCO v Unison (2002) CA
• Fulham FC v Tigana
• Williamson and Everington v KoreaOnline
• Nagarajan v London Underground [1999] 3 WLR 425 (HL (E))
• French v Barclays Bank [1998] IRLR 646 (CA)
• Diocese of Hallam v Connaughton [1996] ICR 860 (EAT)
• Ratcliffe v North Yorkshire County Council [1995] IRLR 439 (HL)
• MoD v Cannock and others [1994] ICR 918 (EAT
• James v Eastleigh Borough Council [1990] 2 AC 751 (HL)

Dinah undertakes many regulation cases. See the Competition and Telecommunications sections for further examples of cases.

VAT registration number:  524278446