Michael Fordham QC
- Called to Bar:
- 1990
- Appointed to silk:
- 2006
- Practice areas:
- Degrees:
- BA (Oxon) First Class 1986, BCL (Oxon) 1987, LLM (Virginia) 1988, (Scholarships: Karmel Scholar; Mould Scholar; Prince of Wales Scholar (all Gray's Inn))
Michael Fordham QC is ranked in both Chambers UK 2010 and the Legal 500 2009 as a Leading Silk in the fields of Administrative & Public Law, Civil Liberties & Human Rights, Environment, EU & Competition, and Immigration and Nationality.
Chambers UK 2010
- Administrative & Public Law – “The ‘awesome’ Mike Fordham QC is a seemingly permanent fixture in the major judicial reviews of the day”, and [he is] “a fearsome opponent who is both outstanding and omnipresent”
- Environment – “absolutely superb”
- EU & Competition – “a man of infinite resource and sagacity”
- Human Rights & Civil Liberties – “he deserves recognition for taking on pro bono cases, and maintaining the vigour and intensity he would bring if he were acting for thousands of pounds”
- Immigration & Nationality – “extremely convincing advocate”
Legal 500 2009 cites him as “one of the most knowledgeable counsel for judicial review” and a “very effective advocate”.
Elsewhere in the legal press Mike was recognised by The Lawyer as “a real superstar” (September 2003), and named by Legal Business as "the undisputed star of the junior judicial review Bar", having been featured in 1997 in the Top 40 barristers in all fields under the age of 40 (when Mike was aged 32). Mike was The Times’ “Lawyer of the Week” on 25 May 2004.
Professional Experience
Mike Fordham QC is a leading public law silk specialising in public law and human rights, with a practice encompassing the entire range of that work, acting for claimants, defendants and interested parties. He is author of the Judicial Review Handbook (5th ed., 2008) and co-editor of the quarterly journal Judicial Review (since 1996). He is also College Lecturer in Administrative Law at Hertford College, Oxford, and a member of the Advisory Board of the British Institute of International and Comparative Law. He was a member of the Attorney-General's "A Panel" of Junior Counsel until becoming a QC in 2006. He has won many awards including the Bar Council’s Bar Pro Bono Award 2006, the Liberty/JUSTICE Human Rights Lawyer of the Year Award 2005, and the Chambers Bar Awards Human Rights and Public Law QC of the Year 2008.
Awards:
- Human Rights Lawyer of the Year 2005.
- Barrister of the Year 2006 (3rd place).
- Public Law Junior of the Year 2005.
- Bar Pro Bono Award 2006.
- Chambers Bar Awards Human Rights and Public Law QC of the Year 2008.
Public Law and Human Rights
Mike specialises in judicial review and practises across the whole range of public law work, acting for claimants, defendant public authorities, and interveners. He is author of the bestselling Judicial Review Handbook, and co-edits the journal Judicial Review. He was a Member of the Attorney General’s A Panel of Counsel until his appointment as a Queen’s Counsel in October 2006.
Mike has acted in a wide range of public law cases. To give a few examples, Mike acted: for Mohamed Al Fayed in his challenge to the Parliamentary Commissioner for Standards (Fayed, 1997); for Sgt Walker in his compensation claim regarding injuries as a UN peacekeeper in Bosnia (Walker, 1998); for Amnesty International in the Pinochet case (Pinochet, 1999); for Diane Blood (Blood, 1999); for CND seeking an advisory declaration regarding the legality of the War on Iraq (CND, 2002); for ABCIFER in challenging unequal compensation arrangements regarding incarceration in the Far East during World War II (ABCIFER, 2003); for the Public Law Project intervening in a case regarding protective costs orders (Corner House, 2005); for the DPP of Mauritius regarding the amenability to judicial review of a nolle prosequi (Mohit, 2006); for Guantanamo Bay detainee David Hicks in his claim to British nationality (Hicks, 2006); for a teenager whose privacy rights were violated by crown court disclosure of mental health records (B, 2006); for the MDU regarding its amenability to judicial review (Moreton, 2006); for the UNHCR in relation to gender-related persecution (Fornah, 2006); for a casino applicant in their judicial review of the Gambling Commission (Leicester Gaming, 2007); for Iraqi families using the Human Rights Act to challenge the UK over deaths in post-war Iraq (Al-Skeini, 2007); for a family seeking representation at a rail crash inquest (Main, 2007); for the Alzheimer’s Society in the successful challenge to NICE drug-rationing guidance (Eisai, 2007); for H3G in the mobile roaming rights judicial review (Vodafone, 2007); for the Parole Board in independence challenges (Girling, 2006; Brooke, 2008); for a Palestinian challenging arms exports transparency (Hasan, 2007); for military families in a judicial review of the decision to wage war on Iraq (Gentle, 2008); for the Highly Skilled Migrants group overturning an unfair rules change (HSMP Forum, 2008); for the Northern Ireland Police Service as to instrusive surveillance (Re McE, 2009). See also examples in specific subject areas below.
Environmental:
Mike is a public law specialist who acts in environmental cases, in domestic courts and the ECJ. Mike’s involvement in this area is long-standing and wide-ranging. For example: he acted for NGOs in the habitats challenge to the Newbury Bypass challenge (BBONT, 1996); for claimants challenging failure to clean up polluted beaches (Shelley, 1996); for Dockgrange in its waste transport case (1997); for protesters challenging incinerator approvals (Gibson 1998; Kirkman 1998; Vetterlein 2001); for Friends of the Earth and Greenpeace regarding the Sellafield MOX plant (2001); for Valpak regarding glass recycling (2002); for Friends of the Earth regarding access to GMO information (Aventis, 2002); for campaigners challenging a flood defence decision (Isaac, 2002); for PPG11 in its environmental impact assessment case (2003); for Mayer Parry in its recycling case in the European Court of Justice (2003); for the Slower Speeds Initiative & Transport 2000 in their challenge to the policy against covert speed cameras (2003); for the Secretary of State regarding compensation and the Stansted airport development (Takeley, 2005); for the West London Waste Authority in a judicial review of the Mayor of London (WLWA, 2007); for environmentalist Des Kay challenging police action in respect of Critical Mass Cycle Ride (Kay, 2007); for NGOs challenging Government support for an overseas oil pipeline (WWF, 2007); for Anti-Waste in their judicial review of the Environment Agency (Anti-Waste, 2007); for Buglife in their biodiversity judicial review (Buglife, 2009); for an award-winning pesticides campaigner in her challenge to the UK pesticides regime (Downs, 2009).
Human rights/civil liberties:
Mike is a public law specialist who regularly appears in leading human rights cases. He was awarded Human Rights Lawyer of the Year 2005 (Liberty, JUSTICE and the Law Society, December 2005). Mike has, for example, acted: for Amnesty in the Pinochet cases (1999); as amicus in relation to immigration removal and Article 3 (Turgut, 2001); for youths bringing Article 8 challenges to ASBOs (Stanley, 2004); for an anti-war protester establishing unlawful policing of the Fairford demonstration (Laporte, 2006); for Iraqi civilians establishing HRA accountability under Articles 2 and 3 for deaths in postwar occupied Iraq (Al Skeini, 2007); for the Parole Board in the Article 5 challenge to use of special advocates (Roberts, 2005); for the Peace Tax 7 in their Article 9 challenge to tax arrangements (Boughton, 2006); for a teenager whose Article 8 rights were violated by crown court disclosure of mental health records (B, 2006); for the Parole Board in the Article 5(4) challenge to Government arrangements compromising its structural independence (Brooke, 2008); for bereaved relatives in an Article 2 case regarding funded representation for a rail crash inquest (Main, 2007); for Liberty intervening as to the HRA and private care homes (YL, 2007); for an animal rights group in its Article 10 challenge to the political advertising ban (ADI, 2008); for JUSTICE intervening (by written submissions) in the Article 5/6 control orders cases (MB, JJ, 2007; AF, 2009); for a civilian internee in post-war Iraq (Al Jedda, 2007); and for families relying on Article 2 to seek an inquiry into the legality of the Iraq war (Gentle, 2008); for a refugee family relying on Article 8 (C, 2008). Mike has appeared in some 15 human rights cases in the House of Lords.
Immigration and asylum:
Mike has appeared in many leading immigration and asylum cases, including 8 cases in the House of Lords: C (2008); Asfaw (2008); Fornah (2006); ERRC (2004); Razgar (2004); Sivakumar (2003); Saadi (2002); Shah (1999). Mike wrote an influential Opinion (for RLC) in relation to the Government’s constitutionally dubious and subsequently withdrawn proposal to oust judicial review in immigration cases. Mike’s immigration and asylum experience began with representing the Home Office in many leading cases, regarding (for example) Oakington detention (Saadi, 2002, 2006), asylum and suspected terrorists (Sivakumar, 2003), Article 8 and asylum removals (Razgar, 2004), Prague airport (ERRC, 2004) and Falun Gong (L (China), 2004). But he now regularly acts for immigration, asylum and human rights claimants and NGOs. For example, Mike acted: for a family seeking reunion (Acan, 2004); for the Refugee Legal Centre regarding fairness and Harmondsworth detention (RLC, 2004); for asylum claimants seeking judicial review following failed statutory review (G (IAT), 2004; and F (Mongolia), 2007); for a claimant demonstrating the illegal removal of an asylum claimant to Iraq (K, 2005); for a Guantanamo Bay detainee seeking British nationality and assistance (Hicks, 2006); for UNHCR in relation to refugee prosecutions (Asfaw, 2008); for the HSM Forum regarding unfair rule changes (HSMP Forum); for a refugee spouse regarding family union (C, 2008).
Local Government/ Health and Welfare:
Mike has a wide-ranging practice in this field and has acted: for Brent in the Chalkhill case (Walters, 1997); for Ms Pow in overturning the closure of a cottage hospital (Pow, 1997); for the Secretary of State in Oxford City Council’s council tax rebate claim (Oxford CC, 1998); for claimants challenging the closure of a specialist children’s hospital unit (O’Callaghan, 1998) and an old people’s home (Bhaugeerutty, 1998); for the Baby Products Association challenging a naming and shaming action (BPA, 1999); more recently, for Hounslow regarding reorganisation of a fruit and vegetable market (A1 Veg, 2003); for a claimant overturning the closure of voluntary sector community centres (Capenhurst, 2004); for Leicester Gaming in relation to casino licence proceedings (Leicester Gaming, 2007); for a local government waste authority challenging a decision of the Mayor of London (WLWA, 2007); for BugLife in relation to biodiversity and land development (BugLife, 2008).
Current and recent work
References (General Administrative Law):
AF v SSHD [2009] UKHL 28 (control orders)
R (BugLife) v Thurrock Dev Corp [2009] EWCA Civ 29 (biodiversity)
Re McE [2009] UKHL 15 (intrusive surveillance)
R (Brown) v SS [2008] EWHC 3158 (Admin) (post office closures)
C v SSHD [2008] UKHL 40 (family union)
R (TC Projects) v Newcastle Justices [2008] EWCA Civ (casino licensing)
R (HSMP Forum) v SSHD [2008] EWHC 664 (rule change)
Asfaw v R [2008] UKHL 31 (prosecuting refugees)
R (ADI) v SS [2008] UKHL 15 (political advertising)
R (Gentle) v Prime Minister [2008] UKHL 20 (Iraq War)
R (Vodafone) v SS [2007] EWHC 3018 (mobile roaming)
R (Brooke) v Parole Board [2008] EWCA Civ 29 (parole independence)
R (Anti-Waste) v Environment Agency [2008] EWCA Civ 1377 (landfill)
R (Eisai Ltd) v NICE [2007] EWHC 1941 (NICE guidance)
R (Al Jedda) v SSD [2007] UKHL 58 (internment)
R (Main) v Minister for Legal Aid [2007] EWCA Civ 1147 (inquest funding)
R (Faithfull) v Ipswich Crown Court [2007] EWHC 2763 (reviewability)
R (Hasan) v SS [2008] EWCA Civ 1311 (arms exports)
R (Mongolia) [2007] EWCA Civ 769 (statutory review)
MB v SSHD [2007] UKHL 46 (control orders)
JJ v SSHD [2007] UKHL 45 (control orders)
R (Eisai) v NICE [2007] EWHC 1941 (NICE guidance)
Horvath v SS Env [2007] EWCA Civ 620 (farmer payments)
YL v Birmingham CC [2007] UKHL 27 (care homes)
R (Al-Skeini) v SSD [2007] UKHL 26 (post-war Iraq)
R (Leicester Gaming) v Gambling Com [2007] EWHC 531 (casino)
Fornah v SSHD [2006] UKHL 46 (gender-related persecution)
R (Moreton) v MDU [2006] EWHC 1948 (reviewability of MDU)
R (B) v Staffs Combined Court [2006] EWHC 1645 (health records)
R (Hicks) v SSHD [2006] EWCA Civ 400 (Guantanamo nationality)
Mohit v DPP (Mauritius) [2006] UKPC 20 (nolle prosequi)
R (Corner House) v SST&I [2005] EWCA Civ 192 (protective costs)
R (ABCIFER) v MOD [2003] EWCA Civ 473 (ex gratia scheme)
R (CND) v Prime Minister [2002] EWHC 2759 (war on Iraq)
R v MOD, ex p Walker [2000] 1 WLR 806 (UN peacekeeper)
R v Met Stip Mag, ex p Pinochet [2000] 1 AC 147 (extradition)
R v HFEA, ex p Blood [1999] Fam 151 (sperm widow)
R v PCS, ex p Fayed [1998] 1 WLR 669 (Standards watchdog)
References (Environmental):
R (Friends of the Earth) v SSBERR [2009] EWCA 2518 (fuel poverty)
R (Downs) v SS Environment [2009] EWCA Civ (pesticides control)
R (BugLife) v Thurrock Dev Corp [2009] EWCA Civ 29 (biodiversity)
R (WWF) v ECGD [2008] (Sakelin oil pipeline)
R (Anti-Waste) v Environment Agency [2007] EWCA Civ 1377 (landfill)
R (Kay) v MPC [2007] EWCA Civ 477 (police powers)
R (WLWA) v Mayor of London [2007] EWHC 742 (waste-management)
R (Takeley Parish Council) v Stansted Airport [2005] EWHC 3212 (Stansted)
R (Mayer Parry) v Environment Agency [2004] 1 WLR 538 (metal recycling)
R (PPG11 Ltd) v SS [2004] Env LR 84 (EIA)
R (Isaac) [2002] EWHC 1983 (Admin) [2003] Env LR 530 (flood defences)
R (Aventis) v DEFRA (13.5.02) (access to environmental information)
R (Valpak) v Environment Agency [2002] EWHC 1510 (recycling)
R (FOE & Greenpeace) v SS Environment [2001] EWCA Civ 1847 (Sellafield)
R (Vetterlein), v Hampshire CC [2001] EWHC 560 (incinerator)
R (Slower Speeds Initiative & Transport 2000) v SS (2003) (speed cameras)
R v Environment Agency, ex p Gibson [1999] Env LR 73 (incinerator)
R v Bolton MBC, ex p Kirkman [1998] Env LR 719 (incinerator)
R v SS Transport, ex p BBONT [1997] Env LR 80 (Newbury bypass)
R v Environment Agency, ex p Dockgrange [1997] Env LR 575 (recycling)
R v Carrick DC, ex p Shelley [1996] Env LR 273 (beach pollution)
References (Human Rights/Civil Liberties):
AF v SSHD [2009] UKHL 28 (control orders)
C v SSHD [2008] UKHL 40 (Art 8/family union)
R (Gentle) v Prime Minister [2008] UKHL 20 (Art 2/Iraq war)
R (ADI) v SS [2008] UKHL 15 (Art 10/ political advertising)
R (Brooke) v Parole Board [2008] EWCA Civ 29 (Art 5/ independence)
R (Al Jedda) v SSD [2007] UKHL 58 (Art 5/internment)
R (Main) v Lord Chancellor [2007] EWCA Civ 1147 (Art 2/legal aid)
JJ v SSHD [2007] UKHL 45 (Art 5/control orders)
MB v SSHD [2007] UKHL 46 (Art 6/control orders)
YL v Birmingham CC [2007] UKHL 26 (Art 8/care home)
R (Al Skeini) v SSD [2007] UKHL 26 (Art 2/Iraq)
R (B) v Staffs Court Centre [2006] EWHC 1645 (Art 8/health records)
R (Boughton) v HM Treasury [2006] EWCA Civ 504 (Art 9/peace tax)
R (Roberts) v Parole Board [2005] UKHL 45 (Art 5/special advocates)
R (Laporte) v Gloucestershire Police [2004] EWCA Civ 1639 (Art 11/demo)
R (Stanley) v Metropolitan Police [2004] EWHC 2229 (Art 8/ASBOs)
R v SSHD, ex p Turgut [2001] 1 All ER 719 (Art 3/imigration)
R v MPC, ex p Pinochet (No.1) [2000] 1 AC 61 (extradition)
R v MPC, ex p Pinochet (No.3) [2000] 1 AC 147 (extradition)
References (Immigration & Asylum):
ZO (Somalia) [2009] EWCA Civ 442 (right to work)
QD Iraq [2009] EWCA Civ (Article 15c)
AM (Somalia) [2009] EWCA Civ (disability discrimination)
MT (Palestine) v SSHD [2008] EWCA Civ 1149 (statelessness)
AS (Libya) v SSHD [2008] EWCA Civ 289 (safety on return)
C v SSHD [2008] UKHL 40 (family union)
R (HSMP Forum) v SSHD [2008] EWHC 664 (rule change)
Asfaw v R [2008] UKHL 31 (refugee prosecution)
F (Mongolia) v SSHD [2007] EWCA Civ 769 (statutory review)
Fornah v SSHD [2006] UKHL 46 (gender-based persecution)
R (Hicks) v SSHD [2006] EWCA Civ 400 (deprivation of citizenship)
R (K) v SSHD 19.12.05 (unnotified removal)
R (Razgar) v SSHD [2004] UKHL 27 (Art 8 removals)
L (China) v SSHD [2004] EWCA Civ 1441 (Falun Gong and asylum)
R (ERRC) v Immigration Officer [2004] UKHL 55 (pre-clearance)
R (Acan) v SSHD [2004] EWHC 297 (Admin) (family union)
R (RLC) v SSHD [2004] EWCA Civ 1481 (Harmondsworth process)
R (G) v IAT [2004] EWCA Civ 1731 (statutory review)
R (Sivakumar) v SSHD [2003] UKHL 14 (asylum and terrorism)
R (Saadi) v SSHD [2002] UKHL 41 (detention of asylum-seekers)
R v IAT, ex p Shah [1999] 2 AC 629 (gender-based persecution)
References (Local Government/ Health & Welfare):
R (BugLife) v Thurrock Dev Corp [2009] EWCA Civ 29 (biodiversity)
Luxury Leisure v S. Tyneside BC (2008) (arcade licensing)
R (TC Projects) v Newcastle Justice [2008] EWCA Civ 428 (casino licensing)
R (WLWA) v Mayor of London [2007] EWHC 742 (waste-management)
R (Leicester Gaming) v Gambling Com [2007] EWHC 531 (casino licensing)
R (Keating) v Cardiff Local Health Board [2005] EWHC 559 (NHS services)
R (Capenhurst) v Leicester CC [2004] EWHC 2124 (budget cuts)
R (A1 Veg) v Hounslow [2003] EWHC 3112 (market development)
R v Liverpool CC, ex p BPA [2000] LGR 171 (product safety)
R v NE Devon HA, ex p Pow (1998) 1 CCLR 280 (hospital closure)
R v Brent LBC, ex p Walters (1998) 30 HLR 328 (property development)
R v SS, ex p Oxford CC 18.2.98 (council tax)
R v Chelsea & Westminster, ex p O’Callaghan 11.3.98 (NHS unit closure)
R v Walsall MBC, ex p Bhaugeerutty Times 1.5.98 (home closure).
EU and Competition
Mike is a public law specialist who acts in EU and competition related cases, in domestic courts and the ECJ. His expertise includes acting in public law cases raising issues including the interpretation and application of EU law, freedom of movement and establishment, public procurement and environmental regulation.
By way of example, Mike has acted: for Diane Blood in her EC-based claim to use of posthumous sperm (1997); for Airport Coordination Ltd in relation to the EC legality of airport ad hoc movements (Aravco, 1999) and slot exchanges (Guernsey Transport Board 1999); for an anti-nuclear protester challenging Alderaston arms manufacture under the Euratom treaty (Marchiori, 2002); for Pfizer in an EU challenge to rationing viagra on the NHS (2002); for T-Mobile in the judicial review of mobile phone price controls (2003); for Scottish Power regarding national grid transmission charging and EU law (2005); for the West London Waste Authority in a judicial review of the Mayor of London’s action blocking an EU procurement (WLWA, 2007); for a farmer challenging devolved payment arrangements as incompatible with EU law (Horvath, 2007); for Anti-Waste in their landfill Directive (Anti-Waste, 2007); for H3G in relation to mobile roaming (Vodafone, 2007); for a campaigner in her EU-based challenge to the UK pesticides regime (Downs, 2008); for T-Mobile in the mobile auction judicial review (T-Mobile, 2008); for Morrisons in relation to the dairy products investigation (Morrisons, 2008); for asylum seekers securing the right to work under EU Directives.
Current and recent work
References (EU & Competition):
ZO (Somalia) [2009] EWCA Civ 442 (right to work)
R (Downs) v SS Environment [2009] EWCA Civ (pesticides control)
R (Morrisons) v OFT [2008] EWHC (dairy investigation)
R (T-Mobile) v Ofcom [2008] EWCA Civ 1373 (mobile auction)
R (Vodafone) v SS [2007] EWHC 3018 (mobile roaming)
R (Horvath) v SSEFRA [2007] EWCA Civ 620 (farming payments)
R (WLWA) v Mayor of London [2007] EWHC 742 (procurement)
R (Scottish Power) v GEMA [2005] EWHC 2324 (transmission charging)
R (T-Mobile) v Competition Commission [2003] EWHC 1566 (price controls)
R (Pfizer) v SS Health [2002] EWCA Civ 1566 (NHS-rationing)
R (Marchiori) v Environment Agency [2002] EWCA Civ 3 (Euratom Treaty)
R v ACL, ex p Aravco Ltd [1999] EuLR 939 (aircraft movements)
R v ACL, ex p Guernsey Transport Board [1999] EuLR 745 (airport slots)
R v HFEA, ex p Blood [1999] Fam 151 (access to medical services)
Commercial
Mike is a public law specialist who has considerable experience of handling regulatory disputes in a number of fields, including broadcasting, accountancy and sport. He also regularly handles commercial judicial review cases. He has, for example, acted: for Boots in relation to pharmaceutical licence consents (Moss, 1999; Tesco, 1999); for the ITC in relation to pay-TV minimum carriage agreements (Flextech, 1999); for SmithKline Beecham in relation to advertising complaints (2001); for Pfizer in an EU challenge to rationing viagra on the NHS (2002); for T-Mobile in the judicial review of mobile phone price controls (2003); for the Horserace Betting Levy Board regarding a levy on betting exchanges (Sporting Options, 2003); for AES Drax regarding electricity zonal transmission loss charging (2004); for the Association of Chartered Certified Accountants regarding disciplinary proceedings (Mond, 2005); for Scottish Power regarding national grid transmission charging and EU law (2005); for Ofcom in relation to a radio licensing decision (Wildman, 2005); for Heathrow Airport regarding exclusion of a taxi driver (Scott, 2005); for the MDU in a judicial review of a refusal of medical membership cover (Moreton, 2006); and for Postwatch in its judicial review of Postcomm to secure £70million compensation for postal service users (Postwatch, 2007); for the West London Waste Authority in a judicial review of the Mayor of London’s action blocking an EU procurement (WLWA, 2007); for H3G in relation to mobile roaming (Vodafone, 2007); for T-Mobile in the mobile auction judicial review (T-Mobile, 2008); for Morrisons in relation to the dairy products investigation (Morrisons, 2008); for Post Office Ltd in relation to branch closures (Brown, 2008); for train operating companies in relation to policing charges (London & South Eastern, 2009).
Current and recent work
References (Regulatory/Commercial Law):
R (London & South Eastern) v BTPA [2009] EWHC 460 (policing)
R (Teeside Power Ltd) v Ofgem [2008] EWHC 1415 (BSC amendment)
R (Brown) v SS [2008] EWHC 3158 (post office closures)
R (Morrisons) v OFT [2008] EWHC (dairy investigation)
R (T-Mobile) v Ofcom [2008] EWCA Civ 1373 (mobile auction)
R (Vodafone) v SS [2007] EWHC 3018 (mobile roaming)
R (WLWA) v Mayor of London [2007] EWHC 742 (procurement)
Royal Mail v Postwatch [2007] EWCA Civ 167 (postal compensation)
R (Moreton) v Medical Defence Union [2006] EWHC 1948 (reviewability)
R (Mond) v ACCA [2005] EWHC 1414 (accountants’ disciplinary process)
R (Wildman) v Ofcom [2005] EWHC 1573 (local radio licensing)
R (Scott) v Heathrow Airport [2005] EWHC 2669 (airport regulation)
R (Scottish Power) v GEMA [2005] EWHC 2324 (transmission charging)
R (AES Drax) v Ofgem 21.1.04 (transmission charging)
R (Sporting Options) v HBLB [2003] EWHC 1943 (Admin) (betting levy)
R (T-Mobile) v Competition Commission [2003] EWHC 1566 (price controls)
R (Pfizer) v SS Health [2002] EWCA Civ 1566 (NHS-rationing)
R (Marchiori) v Environment Agency [2002] EWCA Civ 3 (Euratom Treaty)
R v ASA, ex p SmithKline Beecham 17.1.01 (advertising complaints)
R v FHSAA, ex p Moss (1999) 48 BMLR 204 (pharmacy licensing)
R v FHSAA, ex p Tesco (1999) 11 Admin LR 1007 (pharmacy licensing)
R v ITC, ex p Flextech [1999] COD 108 (pay-TV arrangements)
R v ACL, ex p Aravco Ltd [1999] EuLR 939 (aircraft movements)
R v ACL, ex p Guernsey Transport Board [1999] EuLR 745 (airport slots)
Other relevant experience
House of Lords Cases:
Mike Fordham QC has appeared in the following HL cases:
- AF v SSHD [2009] UKHL 28 (control orders)
- Re McE [2009] UKHL 15 (intrusive surveillance)
- R (Kay) v MPC [2008] UKHL 69 (police powers)
- C v SSHD [2008] UKHL 40(Art 8 family unity)
- R v Asfaw [2008] UKHL 31 (asylum prosecution)
- R (Gentle) v Prime Minister [2008] UKHL 20 (Iraq War)
- R (ADI) v SS CMS [2008] UKHL 15 (political advertising)
- R (Al-Jedda) v SS Defence [2007] UKHL 58 (internment)
- MB v SSHD [2007] UKHL 46 (control orders)
- JJ v SSHD [2007] UKHL 45 (control orders)
- YL v Birmingham CC [2007] UKHL 27 (private care homes)
- R (Al-Skeini) v SS Defence [2007] UKHL 26 (post-war Iraq)
- Fornah v SSHD [2006] UKHL 46 (gender-related persecution)
- R (Laporte) v Gloucestershire Police [2006] UKHL 55 (anti-war demo)
- R (ERRC) v Immigration Officer [2004] UKHL 55 (pre-clearance)
- R (Roberts) v Parole Board [2005] UKHL 45 (special advocates)
- R (Razgar) v SSHD [2004] UKHL 27 (Art 8 & immigration)
- R (Sivakumar) v SSHD [2003] UKHL 14 (terrorist suspect)
- R (Saadi) v SSHD [2002] UKHL 41 (asylum detention)
- R v Brockhill, ex p Evans (No.2) [2001] 2 AC 19 (false imprisonment)
- R v MOD, ex p Walker [2000] 1 WLR 806 (UN peacekeeper)
- R v Bow Street Mag, ex p Pinochet (No.3) [2000] 1 AC 147 (extradition)
- R v Bow Street Mag, ex p Pinochet [2000] 1 AC 61 (extradition)
- R v IAT, ex p Shah [1999] 2 AC 629 (gender-based persecution)
- R v SSHD, ex p Stafford [1999] 2 AC 38 (mandatory lifer)
Select Committee/Law Commission Recognition:
Legal Opinions written or co-written by Mike have been relied on by Parliamentary Select Committees on the topics of: legal aid reform (Constitutional Affairs Committee 28th October 2003 §§56-57); asylum and judicial review (Constitutional Affairs Committee 24th February 2004 §60); health and safety enforcement policy (Work and Pensions Committee 14th July 2004 §159); and by the All-Party Working Group on Rendition (2008). In 2003 Mike delivered a groundbreaking paper calling for law reform to allow new monetary remedies in public law, which led directly to a Law Commission work on the topic: see Law Commission, Remedies Against Public Bodies (10th October 2006) at p.3. Mike was a guest speaker at the Law Commission’s seminar on the topic in November 2005, at which Lord Phillips MR presided.
Awards:
Mike was named ‘Human Rights Lawyer of the Year 2005’ at the Human Rights Awards (December 2005), run jointly by Liberty, Justice and The Law Society. The award was:
“For outstanding dedication and pro bono commitment to the development of human rights in a range of areas. For an incredibly high standard of legal skill in opposing unjust ASBOs, defending the rights of protesters and, in particular, for highlighting UK accountability for torture and deaths in detention in Iraq."
Mike was also named Public Law Junior of the Year 2005 at Chambers & Partners inaugural Bar Awards. He was awarded third place in Barrister of the Year (The Lawyer) 2006 , behind two senior commercial QCs. Mike was the only public law barrister to be short-listed. In November 2006, Mike won the 2006 Sydney Elland Goldsmith Bar Pro Bono Award which was presented by the Attorney General at the Bar Conference. Mike was nominated by the United Nations High Commissioner for Refugees (UNHCR), Friends of the Earth, the Refugee Legal Centre, the Public Law Project and Baker & McKenzie LLP, and wins the award for his outstanding contribution to pro bono work. Stephen Hockman QC, Chairman of the Bar Council, commented on the award:
“Michael Fordham has a long-standing commitment to pro bono work and dedicates a very high proportion of his time to it. He brings the same care and commitment as to his other work, and his friendly and informal manner helps to set at ease those involved in a particular case. Michael’s contribution to the development of law and legal policy is undoubted, and he is a deserving recipient of this award.”
Books/publications:
Mike Fordham is author of the acclaimed Judicial Review Handbook (foreword by Lord Woolf CJ), 5th edition 2008. It has been cited with approval at all levels of the judicial system, including in these cases in the House of Lords/Privy Council alone: Boddington [1999] 2 AC 143 at 170E; Burkett [2002] UKHL 23 at [38]; ProLife [2003] UKHL 23 at [138]; Cullen [2003] UKHL 39 at [5]; Tweed [2006] UKHL 53 at [36]; Sharma [2006] UKPC 57 at [14]. Mike is co-editor of the quarterly journal Judicial Review. Mike has also written or co-written chapters in the books Administrative Law Facing the Future, and Understanding Human Rights Principles, and has written numerous articles on judicial review in various journals. In 2009 Mike was one of 100 'Faces of Law' in James F Hunkin's photographic book of that name.
Pro Bono Work:
Mike does a vast amount of pro bono work. Recent high-profile examples are: Asfaw (HL, 2008); MB (HL, 2007); JJ (HL, 2007); YL (HL, 2007); Fornah (HL, 2006); RLC (CA, 2004); G (IAT) (CA, 2004); Corner House (CA, 2005); Kay (DC, 2006). Mike won the 2006 Sydney Elland Goldsmith Bar Pro Bono Award for his outstanding contribution to pro bono work.
References (Pro Bono Work):
- AF v SSHD [2009] UKHL 28 (control orders)
- AS (Libya) v SSHD [2008] EWCA Civ 289 (safety on return)
- R v Asfaw [2008] UKHL 31 (asylum prosecution)
- MB v SSHD [2007] UKHL 46 (control orders)
- JJ v SSHD [2007] UKHL 45 (control orders)
- YL v Birmingham CC [2007] UKHL 27 (private care homes)
- Fornah v SSHD [2006] UKHL 46 (gender-based persecution)
- R (Kay) v MPC [2006] EWHC 1536 (Admin) (police powers)
- R (Corner House) v SST&I [2005] EWCA Civ 192 (protective costs)
- R (G) v IAT [2004] EWCA Civ 1731 (statutory review)
- R (RLC) v SSHD [2004] EWCA Civ 1481 (fast-track asylum)
Teaching/speaking:
Mike is College Lecturer in Administrative Law at Hertford College Oxford, a position he has held since 1989. He frequently speaks at Conferences on topics relating to public law. These have included conferences or seminars by ALBA, Bar European Group, Sweet and Maxwell, Hart Publishing, Public Law Project, Government Legal Service, Cambridge Centre for Public Law, JUSTICE, Bar Human Rights Group. In 2009 Mike was enlisted to provide training to the judiciary of Trinidad & Tobago.
Other:
Mike lives in St Albans with his wife Alison, a cancer nurse, aromatherapist and reflexologist. They have 3 children: Anna (14), Bradley (12) and Lois (10). An Oxford Blue in hockey (1986), Mike captains St Albans Hockey Club’s veterans team. Mike chairs Blackstone Chambers' Social Responsibility Committee. He is the Youth Music Coordinator at Marlborough Road Methodist Church and has written and published several hymns, musical arrangements and short plays.
