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 acts 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 interventions in the Court of Appeal and the House of Lords.

In administrative and public law, in Chambers UK 2010, Dinah is admired.  “She has an outstanding intellect and excellent client skills. She's a great battler and incredibly compelling as an advocate. What is more, she grasps the nuances of any subject matter at lightning speed – she's just spectacular!”

In Legal 500 2009 for administrative and public law, Dinah is perceived as a “forceful advocate” with “excellent client skills”.

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.

In Chambers UK 2010, in human rights & civil liberties, “instructing solicitors confirm her to be a ‘brilliant, outstanding advocate’.”

In Legal 500 2009, in human rights & civil liberties, “Dinah Rose QC has shaped developing areas of the law in mental health and human rights.”

Regulations and Professional Discipline:

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

In the field of professional discipline & regulatory, in Chambers UK 2010, “Dinah Rose QC is appreciated for her ‘sensitivity to clients' needs.’ She has a ‘fantastic aura in the courtroom.’ 

Administrative Law:

Recent cases include:

R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92 ; [2009] EWCA Civ 92
Representing the DPP in a judicial review concerning the prohibition on assisted suicide. 

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Office [2009] EWHC 1159 (Admin) or [2009] EWHC 152 (Admin)
Representing the Claimant in judicial review,  concerning the UK’s complicity in torture and extraordinary rendition.

R (Equitable Members Action Group) v HM Treasury
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 (E) v JFS [2009] EWCA Civ 626
Representing the Claimant in judicial review of the entry criteria of a Jewish comprehensive school.

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.

R (Corner House and Campaign Against the Arms Trade) v Serious Fraud Office  [2008] UKHL 60; [2008] 3 W.L.R. 568
Representing the claimants in a challenge to a decision by the SFO to stop an investigation into alleged corruption by BAE Systems Plc, in relation to a Saudi Arabian arms deal.

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.

R (Age Concern) v Secretary of State for Trade and Industry) Administrative Court (hearing 6 December 2006)
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 (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
Judicial review of Government’s refusal to accept finding of maladministration made by the Parliamentary Ombudsman, concerning misleading Government information which failed to warn members of occupational pension schemes that their pensions were not safe in the event of scheme closure. Representing Claimants. Test case relating to 75,000 pensioners who have lost all or part of their pensions and are seeking compensation.

Other Cases

• 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 (Royal Mail) v Postal Services Commission [2008] EWCA Civ 33
• 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 (Wilkinson) v Inland Revenue Commissioners (House of Lords) [2005] UKHL 30; [2005] 1 W.L.R. 1718
• R (Burke) v General Medical Council (CA) [2005] EWCA Civ 1003; [2006] Q.B. 273
• 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 and Human Rights:

Recent cases include:

R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92
Representing the DPP in a judicial review concerning the prohibition on assisted suicide. 

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Office [2009] EWHC 152 (Admin)
Representing the Claimant in judicial review, concerning the UK’s complicity in torture and extraordinary rendition.

R (Savage) v South Essex Partnership NHS Trust [2008] UKHL 74
Concerns the positive obligation under Article 2 to protect a detained mental patient against the risk of suicide.

R (Saunders) v Independent Police Complaints Commission [2008] EWHC 2372 (Admin); [2009] 1 All ER 379
Representing the IPCC in judicial review concerning the fatal shooting of a barrister by police, and police conferring when making statements.

Chief Constable of Hertfordshire Police v Van Colle [2008] UKHL 50; [2008] 3 WLR 593
Claim of breach of Article 2 of the Convention arising out of the fatal shooting of a witness, following threats. Intervening on behalf of Liberty, JUSTICE, Mind and Inquest.

BM v Secretary of State for the Home Department [2009] EWHC 1159 (Admin) Representing the Appellant resisting the use of secret evidence in a control order case.

R (U) v Secretary of State for the Home Department
Representing the Claimant in judicial review of SAIC concerning the use of secret evidence to justify the revocation of bail.

Other cases

• MT (Algeria) (2) RB (Algeria) (3) U (Algeria) v Secretary of State for the Home Department [2007] EWCA Civ 808
• R (Wilkinson) v Inland Revenue Commissioners (House of Lords/ECHR) [2005] UKHL 30; [2005] 1 WLR 1718
• MK v Secretary of State for the Home Department SIAC SC/29/2004, 19 May 2006
• Evans and Hadley v Amicus Healthcare and others [2003] EWHC 2161 (Fam); (2004) 2 WLR 713; [2004] EWCA Civ 72; (2005) Fam 1
• R (Rose) v Secretary of State for Health [2002] EWHC 1593 (Admin)
• In re Maxine Carr
• In re Mary Bell [2003] EWHC 1101; [2003] EMLR 37

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

European Court of Human Rights:

Recent cases include:

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.

Other Cases

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

Environmental Law:

Other Cases

• 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:

Other cases

• Phipps v GMC [2005] EWHC 1608 (Admin); [2006] EWCA Civ 397
• R (Ghosh) v GMC; Aziz v GMC [2006] EWHC 2743
• R (Al- Khayat) v GMC [2005] EWHC 2917 (Admin)
• Dzikowski v GMC [2006] EWHC 2468 (Admin)
• Ghosh v GMC [2001] UKPC 29; [2001] 1 W.L.R. 1915
• R (Burke) v General Medical Council (CA) [2005] EWCA Civ 1003; [2006] Q.B. 273
• 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 Fire Brigades Union [1995] 2 AC 513
• R v Secretary of State for the Home Department, ex parte O'Brien [1996] 8 Admin LR 121; [1996] COD 171
• R v Radio Authority, ex parte Bull [1996] QB 169 (DC); [1998] QB 294 (CA)
• 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 1005R v Secretary of State for Trade and Industry, ex parte Mercury Communications (1999) 149 NLJ 1646

Dinah represents both claimants and respondents/defendants in the full range of statutory and common law employment claims, before tribunals and in the High Court. She has a particular interest and expertise in discrimination and equal pay. She has considerable experience of the use of mediation to resolve employment disputes.

In Chambers UK 2010, for employment law Dinah is cited as “scarily intelligent, forthright and tenacious style.”

In employment law in Legal 500 2009, “’Amazing advocate ‘Dinah Rose QC is singled out for her ‘hands-on and pragmatic approach‘.”

R (Age Concern) v BIS
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.

Seldon v Clarkson, Wright and Jakes
Intervening for the Secretary of State in appeal concerning the justification of mandatory retirement of a partner in a Solicitor’s firm.

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
Representing the Respondent in claim for age discrimination brought by a former partner.

• 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 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 Korea Online
• 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
• James v Eastleigh Borough Council [1990] 2 AC 751 (HL)
• MoD v Cannock and others [1994] ICR 918 (EAT
• Nagarajan v London Underground [1999] 3 WLR 425 (HL (E))
• Ratcliffe v North Yorkshire County Council [1995] IRLR 439 (HL)
• Diocese of Hallam v Connaughton [1996] ICR 860 (EAT)
• French v Barclays Bank [1998] IRLR 646 (CA)
  

Dinah has a wide-ranging EU & Competition practice and has appeared regularly in both domestic courts and tribunals and the European Court of Justice.

Dinah has recently acted for a wide range of economic regulators, including Ofcom, the Postal Services Commission and Ofgem.

In Legal 500 2009, Clients say “her advice is always clear, commercial, decisive and concise.”

OFT v Shell
Representing Shell responding to the OFT investigation concerning price fixing in relation to tobacco. 

J Sainsbury
Advising J Sainsbury in relation to OFT investigations into the grocery market.

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.

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

The Number v Ofcom
Representing The Number in CAT appeal against decision rejecting complaint against BT concerning the wholesale charges for directory inquiries information.

Welsh Water v Corus Plc [2007] EWCA Civ 285
Representing the Defendant in a case alleging that Welsh Water abused a dominant position by excessive charging for supply of water to large scale industrial operations in Wales.

• R (Sporting Options) v Horserace Betting Levy Board [2003] EWHC 1943
• Crehan v Inntrepreneur [2006] UKHL 38; [2007] 1 A.C. 333
• 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)
• Brown v Rentokil [1998] ICR 790 (ECJ)
• Sirdar v Army Board, The Times, Oct 27, 1999
• Coote v Granada Hospitality [1999] ICR 100 (ECJ)
• R v Secretary of State for Health, ex parte Richardson [1996] ICR 471 (ECJ)
• Atkins v Wrekin District Council [1997] ICR 75 (ECJ)
• R v Secretary of State for Social Security, ex parte Taylor, 16.12.99
• 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
• Enderby v Frenchay Health Authority [1991] 382 (EAT); [1994] ICR 112 (CA + ECJ)
• Levez v Jennings (Harlow Pools) Ltd [1999] ICR 521 (ECJ)