Ivan Hare

Ivan has an in-depth knowledge of public law and human rights upon which he has taught and published extensively.  Since starting practice, he has advised or acted in proceedings for or against a range of public authorities, including many government departments, Ofcom, the General Medical Council, ITV, the Law Society, the Independent Police Complaints Commission, the Liberal Democrat Party, Ofgem, the BBC, the Office of Fair Trading, the Financial Services Authority, Ofsted, the Bar Council, the Office of Rail Regulation, the Parole Board, the Northern Ireland Legal Services Commission, the Metropolitan Police and several local authorities.  He has also acted for a number of foreign governments.  Ivan appears frequently in the Administrative Court.  He has also appeared before a number of public and regulatory tribunals, including the Information Tribunal and the General Teaching Council.  He was appointed to the Attorney General’s Panel of counsel in 2007.

Pay v United Kingdom (App No 32792/05) ECHR
Ivan is instructed by Liberty in this application which has been admitted by the European Court of Human Rights concerning the use of Convention arguments in employment disputes and the scope of the right to privacy. 

R (Eisai)
Ivan intervened on behalf of the Association of British Pharmaceutical Industries in this successful appeal about the method used for assessing a new treatment for Alzheimer’s disease.

YL v Birmingham City Council & Ors [2007] UKHL 27; [2007] 3 WLR 112; [2007] 3 All ER 957
Ivan appeared successfully in the Court of Appeal (alone) and in the House of Lords (with Beverley Lang QC) in what was the leading case on the definition of a “public authority” for the purposes of s. 6 of the Human Rights Act 1998. 

Saadi v United Kingdom (2007) ECtHR
Ivan acted (with David Pannick QC) on behalf of the United Kingdom government in this Strasbourg challenge under Art 5 of the European Convention on Human Rights to the use of detention centres for certain categories of asylum seeker.

General Medical Council v Fatnani and Raschid [2007] EWCA Civ 46; [2007] 1 WLR 1460; [2007] ICR 811
Ivan appeared successfully in the Court of Appeal (with Robert Englehart QC) in these important cases in which the Court lays down guidance as to the approach to be adopted by the High Court in appeals against sanctions imposed by regulatory bodies.

Price v Leeds City Council [2006] UKHL 10; [2006] 2 AC 465; [2006] 4 All ER 128; (2006) 20 BHRC 33
Ivan was instructed by Justice and Liberty (with Tom de la Mare) as intervener in this appeal to a 7-member House of Lords on whether the Human Rights Act has affected the doctrine of precedent.

Mohit v Director Public Prosecutions of Mauritius [2006] UKPC 20; [2006] 1 WLR 3343
Ivan appeared (with Michael Fordham QC) in this important Privy Council decision on the availability and scope of judicial review of the DPP’s power to terminate a number of private prosecutions brought against the then Prime Minister of Mauritius.

K v Secretary of State for the Home Department (00/9836/2005)
Ivan appeared for the Claimant (with Michael Fordham QC) in this successful application to secure the return of an Iraqi asylum-seeker who had been forcibly removed from the United Kingdom to Iraq.

Ivan frequently appears in Employment Tribunals for Claimants and Respondents in cases involving unfair dismissal, redundancy, discrimination on grounds of race, gender, disability, religion and belief and sexual orientation, public interest disclosures, equal pay and the transfer of undertakings.  He has successfully conducted a number of complex and lengthy discrimination claims.  He has also appeared on numerous occasions in the Employment Appeal Tribunal. 

Ivan has been involved in High Court employment work relating to the enforcement of restrictive covenants and the dissolution of partnerships.  He has advised on a range of employment matters, including breach of contract, bonus claims and share options and on issues arising under the Data Protection Act 1998.  He has also acted as a co-ordinator for Employment Tribunal advocacy training organised by the Employment Lawyers Association.  Ivan has acted for a number of appellants pro bono under the Employment Law Appeal Advice Scheme.

Hinton v University of East London [2005] EWCA Civ 532; [2005] ICR 1260; [2005] IRLR 552
Ivan successfully represented the appellant before the Court of Appeal in what is now the leading case on compromise agreements.

NTL Group Ltd v Difolco [2006] EWCA Civ 1508; (2006) 150 Sol Jo LB 1393
Ivan appeared for the respondent in this Court of Appeal decision defining the matters which must be addressed by the Employment Tribunal before making a finding of failure to make reasonable adjustments in a disability discrimination claim.

Uyanwu-Odu v (1) School Office Services Ltd and (2) Caxton Islington Ltd (UKEAT/0294/05/zt)
Ivan also appeared in this important EAT case on the scope of employment tribunals’ new power to make an “unless order”.

Other practice areas:

In his earlier years, Ivan also practised in the fields of commercial and entertainment law. 

This included:

Gastronome (UK) Ltd v Anglo-Dutch Meats (UK) Ltd [2006] EWCA Civ 1233; [2006] 2 Lloyd’s Rep 587; [2006] All ER (D) 377
Ivan appeared in the High Court trial and subsequent appeal to the Court of Appeal in these proceedings about the limits of contractual construction (of a guarantee) and the doctrine of misnomer.

Academic and Other Work:

Ivan was elected a Fellow and Director of Studies in Law at Trinity College, Cambridge in 1991.  He was also a University Lecturer in the Law Faculty and the founding Assistant Director of the Centre for Public Law (of which he remains an Associate Fellow) in the University of Cambridge.  At Cambridge, he taught a range of courses in Public Law and Human Rights to undergraduate and postgraduate students.  Ivan has made invited written and oral submissions to the House of Lords’ Select Committee on Religious Offences and to the Council of Liberty.  He has also been a specialist advisory member of Liberty’s Committee on Privacy and Freedom of Expression.  Ivan’s 2006 article on incitement to religious hatred (see below) was used by Liberty as its briefing to Parliament on the Racial and Religious Hatred Act 2006.  His publications have been cited with approval by courts up to the House of Lords and appear on University reading lists in a number of jurisdictions.

He also held visiting appointments at a number of university law schools in the United States and the continent of Europe, including Columbia University, New York University, Duke University Law School and the University of Hamburg.  In addition, he has lectured to audiences of judges, practitioners and students in several overseas jurisdictions, including India, South Africa and Pakistan.  For the past four years he has been appointed Amelia Lewis Distinguished Visiting Professor of Comparative Public Law at the Sandra Day O'Connor College of Law, Arizona State University.

Before being called to the Bar, Ivan won 'The Observer' National Mooting Competition, the Commonwealth Mooting Competition and the Master Tapp Award for mooting at Gray's Inn.

Publications:

Books:

Extreme Speech and Democracy (Oxford University Press, forthcoming 2009) (co-edited with J. Weinstein)

Constitutional Reform in the United Kingdom: Practice and Principles (Oxford: Hart Publishing, 1998, re-printed 1998 (twice), 1999 (twice), 2000) (co-edited with J. Beatson and C.F. Forsyth)

The Golden Metwand and the Crooked Cord–Essays on Public Law in Honour of Sir William Wade (Oxford: Clarendon Press, 1998, re-printed 2001) (co-edited with C. F. Forsyth)

Articles and Book Chapters:

'Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine' in I.Hare and J.Weinstein (eds), Extreme Speech and Democracy (OUP, forthcoming 2009)

'Extreme Speech under International and Regional Human Rights Standards' in I.Hare and J.Weinstein (eds), Extreme Speech and Democracy (OUP, forthcoming 2009) 

‘Race Discrimination’ (co-written) in Tolley’s Discrimination in Employment Handbook (LexisNexis Butterworths, 2008), 233-271

‘Convention Rights as Grounds of Judicial Review’ in De Smith’s Judicial Review (Sweet and Maxwell, 6^th ed, 2007), 651-700

‘Introduction’ (with P. Goulding QC) and ‘Contempt of Court’ in P. Goulding QC (ed), Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 2007)

‘Crosses, Crescents and Sacred Cows: Criminalising Incitement to Religious Hatred’ [2006] Public Law 520-537

‘Permission’ in B. Lang QC (ed), Administrative Court: Practice and Procedure (Sweet and Maxwell, 2006), 99-115

‘Method and Objectivity in Free Speech Adjudication: Lessons from America’ [2005] 54 International and Comparative Law Quarterly 49-87

‘The Judiciary’ in the U.N.E.S.C.O Encyclopedia of Life Support Systems 2004

‘Social Rights as Fundamental Rights’ in B. A. Hepple (ed), Social and Labour Rights in a Global Context: International and Comparative Perspectives (Cambridge University Press, 2002), 153-181

‘Verticality Challenged: Private Parties, Privacy and the Human Rights Act’ [2001] European Human Rights Law Review 508-522

‘Is the Privileged Position of Political Speech Justified?’ in J. Beatson and Y. Cripps (eds), Freedom of Expression and Freedom of Information–Essays in Honour of Sir David Williams QC (Oxford: Clarendon Press, 2000), 105-121

‘The Law of Standing in Public Interest Adjudication’ in M. Andenas and D. Fairgrieve (eds), Judicial Review in International Perspective: Liber Amicorum for Lord Slynn of Hadley Volume II (Kluwer Law International, 2000), 301-318

‘English Lessons in Comparative Public Law: Will the First Amendment have the Last Word?’ (2000) 10 Trinity Law Review/Special Edition on International Human Rights 29-61

‘Police Discretion and the Rule of Law: Economic Community Rights versus Civil Rights’ [2000] 63 Modern Law Review 581-595 (co-written with C. S. Barnard)

‘Access to Governmental Information and the Judicial Process: United Kingdom Law and the Influence of Europe’ in A. Dashwood and A. Ward (eds) [1999] Cambridge Yearbook of European Legal Studies 329-354

‘The Separation of Powers and Judicial Review for Error of Law’ in Forsyth and Hare (eds), The Golden Metwand and the Crooked Cord–Essays on Public Law in Honour of Sir William Wade (Oxford: Clarendon Press, 1998), 113-140

‘The Constitution and the Justification of Judicial Power’ in J. Beatson and T. Tridimas (eds), New Directions in European Public Law (Oxford: Hart Publishing, 1998), 125-135

‘Legislating Against Hate: the Legal Response to Bias Crimes’ [1997] 17 Oxford Journal of Legal Studies 415-440

‘The Right to Protest and the Right to Export: Police Discretion and the Free Movement of Goods’ [1997] 60 M.L.R. 394-411 (co-written with C. S. Barnard).

‘The Law Commission and Judicial Review: Principle Versus Pragmatism’ [1995] 54 Cambridge Law Journal 268-279

‘Savage & Parmenter: A Compelling Case For The Code’ [1993] 56 M.L.R. 74-83

Commentaries and Review Articles:

‘Hate Speech’ in P. Cane and J. Conaghan, The New Oxford Companion to Law (OUP, 2008)

‘Inflammatory Speech: Cross-Burning and the First Amendment’ [2003] P.L. 408-414

‘The South African AIDS Pandemic and the Constitutional Right to Healthcare’ [2002] E.H.R.L.R. 66-72

Review of H. Delany: Judicial Review of Administrative Action–A Comparative Analysis (2002) Dublin University Law Journal 226-230

Review of I. Loveland (ed): Importing the First Amendment–Freedom of Speech and Expression in Britain, Europe and the USA (2000) 11 Public Law Review 312-316

‘Gender Discrimination and Grooming Codes in the Labour (super)Market’ [1995] 1 International Journal of Discrimination and the Law 179-185

‘Pregnancy and Sex Discrimination’ (1991) Industrial Law Journal 124-130

Case Notes:

[2006] New Law Journal 1091; [2003] 62 C.L.J. 525; [2001] 60 C.L.J. 1; [2000] 59 C.L.J. 6; [2000] 59 C.L.J. 1; [1999] 58 C.L.J. 468; [1999] 58 C.L.J. 265; [1998] 57 C.L.J. 429; [1996] 55 C.L.J. 401; [1996] 55 C.L.J. 179; [1995] 54 C.L.J. 227; [1995] 54 C.L.J. 1; [1994] 53 C.L.J. 4; [1992] 51 C.L.J. 201

Book Reviews:

[2002] E.H.R.L.R. 802; [2002] P.L. 156; [2000] 59 C.L.J. 406; [2000] 59 C.L.J. 216; [1998] 57 C.L.J. 624; [1998] 57 C.L.J. 410; [1998] 57 C.L.J. 200; [1997] 56 C.L.J. 636; [1997] 56 C.L.J. 426; [1995] 54 C.L.J. 199