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))

Mike Fordham QC is recognised by both of the leading independent legal directories.   

Chambers UK 2014

Mike is featured as a leading silk in five categories and in three of these he has a ‘star’ ranking.

  • Administrative and Public law – Mike is ranked in the ‘star’ category – “He is a great advocate: incredibly persuasive and strategic in his thinking, and compelling on every issue. You really get something special with him." … "He is able to run the most unattractive arguments in the most attractive way.”
  • Civil Liberties – again Mike is ranked in the ‘star’ category – “One of the top silks." … "He has an informal style and presents with charm. The courts certainly like him.”
  • Environment – “Very determined; he certainly is a fighter.”
  • European Law – “Supremely skilled in court, he offers commercial, practical advice.”
  • Immigration and Nationality – another area where Mike is ranked in the ‘star’ category – “A genius. It's only a matter of time before he becomes a judge.”

Legal 500 2013

Similarly recognises Mike Fordham QC as a leading silk in five areas:

  • Administrative and public law –  top ranked, “outstanding”
  • Civil liberties and human rights – top ranked, “fantastic”
  • Environment – recommended
  • EU and competition – “superb advocate”
  • Immigration & Nationality – top ranked “one of the most able and knowledgeable barristers around - his advocacy is second to none”

Chambers UK Top Silk Bar 100

In December 2013, Mike was ranked as one of Chambers UK’s Top Silk Bar 100, in their inaugural listing of the top barristers practising at the Bar of England & Wales. “The quality of his written work is at times breathtaking,” states a source, and “his advocacy skills equally so.”

Mike regularly appears in the High Court (Administrative Court), the Court of Appeal and the Supreme Court. As a junior he was "the undisputed star of the junior judicial review Bar" and was ranked in the Top 40 barristers under 40 in all fields (aged just 32) (Legal Business). He has been Lawyer of the Week (The Times) and has been recognised as "a real superstar" (The Lawyer).

Professional Experience

Awards:  

  • Human Rights & Public Law QC of the Year (2008)
  • Bar Pro Bono Award (2006) 
  • Public Law Junior of the Year (2005)
  • Human Rights Lawyer of the Year (2005)

Appointments: 

  • Deputy High Court Judge (Administrative Court) (2013)
  • Recorder (Criminal) (2012)
  • Deputy Judge, Upper Tribunal (Administrative Appeals Chamber) (2012)
  • Visiting Fellow, Bingham Centre for the Rule of Law (2011) 
  • Recorder (Civil) (2010)
  • Bencher, Gray’s Inn (2009)
  • College Lecturer, Hertford College Oxford (1989 to date)

Major publications:

  • Lead Author, Immigration Detention and the Rule of Law (2013) 
  • Author, Judicial Review Handbook (6th edition due in 2012)
  • Co-Editor, Judicial Review (quarterly journal, since 1996)

Public Law and Human Rights

Mike Fordham QC specialises in judicial review and acts across the entire range of public law work, for claimants, public authority defendants and third party interveners. He is author of the bestselling Judicial Review Handbook and co-editor of the practitioners’ journal Judicial Review. In addition to the examples given here, please see the sector-specific examples given under various headings later.

Mike Fordham QC regularly appears in leading human rights cases. He was recognised in 2005 as Human Rights Lawyer of the Year.

Mike has established a reputation for cutting-edge arguments in leading cases in asylum and immigration cases. He has scored a series of striking victories in leading cases for appellants, and also for interveners. 

Mike has made a strong impression in environmental law through judicial review challenges to decisions of public authorities. He has acted for environmental campaigners and non-governmental organisations.

Mike has a vast experience in bringing and defending judicial review cases involving local governmental decision- and policy-making.

Current and recent work

  • R (Mengesha) v Metropolitan Police Commissioner [2013] EWHC 1695 (Admin) (Divisional Court 18.6.13) This case concerned the legality of the police obtaining and retaining personal information to identify those who had attended a demonstration, upon releasing them from a containment. Mike Fordham QC acted for the claimant (instructed by John Halford at Bindmans). 
  • R (Mousa) (No.2) v Secretary of State for Defence [2013] EWHC 1412 (Admin) (Divisional Court 24.5.13)
    This case concerned the Government’s non-compliance with its ECHR Article 2 and 3 investigative obligations in the way it was dealing with killings and ill-treatment of Iraqi civilians by the British military. Mike Fordham QC acted for the claimants (instructed by Phil Shiner at Public Interest Lawyers).
  • R (William Hill Organisation Ltd) v Horserace Betting Levy Board [2013] EWCA Civ 487 [2013] 3 All ER 297 (Court of Appeal 3.5.13)
    This case concerned whether customers of betting exchanges are subject to horserace betting levy. Mike Fordham QC acted for the Levy Board (instructed by Andrew Lidbetter at Herbert Smith).
  • R (AN (A Child) v Secretary of State for the Home Department [2012] EWCA Civ 1636 (Court of Appeal 11.12.12)
    This case concerned the rights of unaccompanied children arriving at UK ports and being processed under immigration control. Mike Fordham QC acted for the claimant (AN) (instructed by Baljeet Sandhu at Islington Law Centre Children’s Rights Project).
  • R (Rudewicz) v Secretary of State for Justice [2012] EWCA Civ 499 [2013] QB 410 (Court of Appeal 24.4.12)
    This case concerned the lawfulness of an exhumation licence to move the remains of a Polish Catholic priest. Mike Fordham QC acted for the claimant (instructed by Sutovic & Hartigan).
  • R (Moos and McClure) v Commissioner of Police for the Metropolis [2012] EWCA Civ 12 (Court of Appeal 19.1.12)
    This case concerned the legality of the police ‘kettling’ of peace-camp demonstrators at the G20 summit in London. Mike Fordham QC acted for the claimants (instructed by John Halford at Bindman & Partners).
  • R (Cart) v Upper Tribunal [2011] UKSC 28 [2012] 1 AC 663 (Supreme Court 22.6.11); and Eba v Advocate General for Scotland [2011] UKSC 29 [2012] 1 AC 710 (Supreme Court 22.6.11)
    These cases concerned the extent to which the new Upper Tribunal is amenable to judicial review in respect of its decisions refusing permission to appeal, here in the context of child maintenance. Mike Fordham QC acted pro bono for the Public Law Project, intervening (instructed by Ravi Low-Beer at PLP). 
  • R (British Bankers Association) v Financial Services Authority [2011] EWHC 999 (Admin) (High Court 21.4.11)
    This case concerned the legality of a policy statement issued by the financial services regulator regarding assessment and redress in respect of payment protection insurance sales. Mike Fordham QC acted for Nemo Personal Insurance Ltd, an interested party (instructed by Andrew Lidbetter at Herbert Smith). 
  • R (March) v Secretary of State for Health [2010] EWHC 765 (Admin) [2010] Med LR 271 (High Court 16.4.10)
    This case concerned the Health Secretary’s flawed rejection of an inquiry recommendation of higher ex gratia compensation for HIV and Hepatitis C patients infected with NHS blood products, the decision being vitiated by a material error of fact. Mike Fordham QC acted for the claimant (Mr March) (instructed by Michael Vian Clark, Michelmores).

Human Rights & Civil Liberties

  • Ismail v Secretary of State for Defence (High Court 2013, pending)
    This case concerns the ECHR Article 5 compatibility of extra-judicial British military detention of suspected insurgents in Afghanistan. Mike Fordham QC acts for the claimants (instructed by Phil Shiner and Tessa Gregory at Public Interest Lawyers).
  • R (Keyu) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 2445 (Admin) (Divisional Court 4.9.12) (pending) (Court of Appeal 2013)
    This case concerns the scope of the human rights obligation to investigate an alleged massacre by British soldiers of villagers at Batang Kali in Malaysia in 1948. Mike Fordham QC acted for the claimants (instructed by John Halford at Bindmans).
  • R (Mengesha) v Metropolitan Police Commissioner [2013] EWHC 1695 (Admin) (Divisional Court 18.6.13)
    This case concerned the legality of the police obtaining and retaining personal information to identify those who had attended a demonstration, upon releasing them from a containment. Mike Fordham QC acted for the claimant (instructed by John Halford at Bindmans).
  • R (Ali Zaki Mousa) (No.2) v Secretary of State for Defence [2013] EWHC 1412 (Admin) (Divisional Court 22.3.13)
    This case concerned the HRA:ECHR Article 2 compatibility of the Secretary of State’s actions investigating British military killings and ill-treatment in Iraq. Mike Fordham QC acted for the claimant (Mr Mousa) (instructed by Phil Shiner at Public Interest Lawyers).
  • R (Infinis Plc) v Ofgem [2013] EWCA Civ 70 [2013] JPL 1037 (Court of Appeal 13.2.13)
    This case concerned, in the context of the legality of exclusion from accreditation for issue of renewables obligation certificates to electricity generators, just satisfaction for violation of property rights under ECHR Article 1P. Mike Fordham QC acted for Infinis (instructed by John Cooper, Wragge & Co).
  • R (AN (A Child) v Secretary of State for the Home Department [2012] EWCA Civ 1636 (Court of Appeal 11.12.12)
    This case concerned the rights of unaccompanied children arriving at UK ports and being processed under immigration control. Mike Fordham QC acted for the claimant (AN) (instructed by Baljeet Sandhu at Islington Law Centre Children’s Rights Project).
  • W (Algeria) v Secretary of State for the Home Department [2012] UKSC 8 [2012] 2 AC 115 (Supreme Court 7.3.12)
    This case concerned the procedure in SIAC national security appeals, to protect sensitive material introduced on behalf of the appellants. Mike Fordham QC acted for the appellants (instructed by Ronnie Graham at Birnberg Pierce).
  • SS (Libya) v Secretary of State for the Home Department [2011] EWCA Civ 1547 (Court of Appeal 19.12.11)
    This case concerned the fairness of refugee exclusion proceedings in which SIAC’s reasons conflicted with the Secretary of State’s case. Mike Fordham QC acted for the appellants (instructed by TRP Solicitors).
  • R (MD (Angola) v Secretary of State for the Home Department [2011] EWCA Civ 1238 (Court of Appeal 1.11.11)
    This case concerned the legality of immigration detention of individuals with HIV, and the absence of continuity of retroviral treatment. Mike Fordham QC acted for the appellants (instructed by Gareth Mitchell and Louise Whitfield at Pierce Glynn).
  • Al-Skeini v United Kingdom (European Court of Human Rights Grand Chamber 7.7.11)
    This case concerned the applicability of Article 2 of the ECHR to killings by British military personnel in post-war Iraq. Mike Fordham QC acted for the applicants (instructed by Phil Shiner at Public Interest Lawyers).
  • Al-Jedda v United Kingdom (European Court of Human Rights Grand Chamber  7.7.11)
    This case concerned the applicability of Article 5 of the ECHR, in the light of UN Security Council Resolutions, to internment in post-war Iraq. Mike Fordham QC acted for the applicants (instructed by Phil Shiner at Public Interest Lawyers).
  • R (GC and C) v Metropolitan Police Commissioner [2011] UKSC 21 [2011] 1 WLR 1230 (Supreme Court 18.5.11)
    This case concerned the legality of retention of information on the national police DNA database in the light of new Strasbourg authority. Mike Fordham QC acted for C (instructed by Stephen Lodge at Public Law Solicitors) 
  • R (Evans) v Secretary of State for Defence [2010] EWHC 1445 (Admin) (Divisional Court 25.6.10)
    This case concerned whether suspected insurgents detained by the British military in Afghanistan could be handed over to the Afghan security services compatibly with human rights standards, given the risk of torture. Mike Fordham QC acted for the claimant (Ms Evans) (instructed by Phil Shiner at Public Interest Lawyers).
  • Ahmed v HM Treasury [2010] UKSC 2 [2010] 2 AC 534 (Supreme Court 27.1.10)
    This case concerned the legality and human rights-compatibility of statutory instruments freezing the assets of suspected terrorists, pursuant to United Nations Security Council Resolutions. Mike Fordham QC acted pro bono for JUSTICE, intervening (instructed by Eric Metcalfe at JUSTICE).

Immigration & Asylum

  • EM (Eritrea) v Secretary of State for the Home Department (Supreme Court, pending)
    This case concerns the ECHR and EU compatibility of Dublin II returns to Italy. Mike Fordham QC acts pro bono for UNHCR, intervening (instructed by Tim Pountain-Holes at Baker & McKenzie).
  • MA v Director of Immigration (Hong Kong Court of Final Appeal, pending)
    This case concerns the human rights compatibility of denying refugees the right to work. Mike Fordham QC acts for the appellants (instructed by Mark Daly of Daly & Associates).
  • HM (Iraq) (No.3) v Secretary of State for the Home Department [2013] EWCA Civ (Court of Appeal, judgment awaited)
    This case concerned the appropriateness of Iraq country guidance inconsistent with UNHCR Eligibility Guidelines. Mike Fordham QC acted for the appellants (instructed by Tori Sicher of Sutovic & Hartigan).
  • C v Director of Immigration [2013] HKCFA 22 (Hong Kong Court of Final Appeal 25.3.13)
    This case established the Hong Kong Government’s duty to conduct refugee status determinations to protect against non-refoulement, notwithstanding the inapplicability of the Refugee Convention to Hong Kong. Mike Fordham QC acted fr the appellants (instructed by Mark Daly of Daly & Associates).
  • Vallejos v Commissioner of Registration [2013] HKCFA (Hong Kong Court of Final Appeal 25.3.13)
    This case concerned permanent resident status and whether foreign domestic helpers satisfied the test of ordinary residence in the Hong Kong Basic Law.  Mike Fordham QC acted for the appellants (instructed by Mark Daly of Daly & Associates).
  • Al-Sirri (YS (Egypt)) and DD v Secretary of State for the Home Department [2012] UKSC 54 [2013] 1 AC 745 (Supreme Court 21.11.12)
    This case concerned the application of exclusion from refugee protection under Article 1F(c) of the Refugee Convention 1951. Mike Fordham QC acted for UNHCR (instructed by Baker & McKenzie).
  • RT (Zimbabwe) v Secretary of State for the Home Department [2012] UKSC 38 [2013] 1 AC 152 (Supreme Court 25.11.12)
    This case concerned the application of the Refugee Convention to individuals feigning loyalty to an oppressive political regime as the price of avoiding persecution. Mike Fordham QC acted for UNHCR (instructed by Baker & McKenzie). 
  • PR (Sri Lanka) v Secretary of State for the Home Department [2012] 1 WLR 73, [2011] EWCA Civ 988 (Court of Appeal 11.8.11)
    This case concerned the application of the second tier appeals test in asylum removal appeals. Mike Fordham QC acted for PR and TC (instructed by Arun Gananathan at Birnberg Peirce and Paul Nettleship at Sutovic & Hartigan)
  • MS (Jamaica) v Secretary of State for the Home Department [2011] EWCA Civ 938 (Court of Appeal 29.7.11)
    This case concerned the legality of fast-track immigration detention. Mike Fordham QC acted for MS (instructed by James Packer at Duncan Lewis).
  • Kambadzi v Secretary of State for the Home Department [2011] UKSC 23 [2011] 1 WLR 1299 (Supreme Court 25.5.11)
    This case concerned the legality of immigration detention in default of detention reviews required by relevant published policy. Mike Fordham QC acted pro bono for for Bail for Immigration Detainees, intervening (instructed by Andrew Denny at Allen & Overy). 
  • Lumba v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245 Supreme Court 23.3.11)
    This case concerned the legality of immigration detention pursuant to an unpublished policy. Mike Fordham QC acted pro bono for Bail for Immigration Detainees, intervening (instructed by Andrew Denny at Allen & Overy). 
  • W (Algeria) v Secretary of State for the Home Department [2010] EWCA Civ 898 (Court of Appeal 29.7.10)
    This case concerned the extent to which SIAC was required to ensure a minimum of fair disclosure of the national security case against a deportee. Mike Fordham QC acted for 6 Algerian deportees (instructed by Ronnie Graham at Birnberg Peirce and Rakesh Singh at Fisher Meredith). The case is pending before the Supreme Court.

Environment

  • R (Infinis Plc) v Ofgem [2013] EWCA Civ 70 (Court of Appeal 13.2.13)
    This case concerned the legality of exclusion from accreditation for issue of renewables obligation certificates to electricity generators (and just satisfaction for violation of property rights under ECHR Article 1P). Mike Fordham QC acted for Infinis (instructed by John Cooper, Wragge & Co).
  • R (Berky) v Newport City Council [2012] EWCA Civ 378 [2012] Env LR 35 (Court of Appeal 29.3.12)
    This case concerned the compatibility with EU environmental law (environmental impact assessment) of a grant of planning permission for a supermarket development. Mike Fordham QC acted for Morrisons Plc (instructed by Matthew Howarth at Gordons).
  • R (Tate & Lyle Industries Ltd) v Secretary of State [2011] EWCA Civ 664 [2011] ACD 92 (Court of Appeal 3.6.11)
    This case concerned the fairness of the allocation of renewables obligation certificates to electricity generation technologies. Mike Fordham QC acted for Tate & Lyle (instructed by Sharon Kennedy, Berwin Leighton Paisner). 
  • R (Friends of the Earth) v Secretary of State for the Environment [2009] EWCA Civ 810 [2010] Env LR 11 (CA 30.7.09)
    This case concerned the relevance of budgetary constraints on the statutory duty to act to eliminate fuel poverty. Mike Fordham QC acted for the claimants (Friends of the Earth and Help The Aged) (instructed by Phil Michaels, Friends of the Earth’s Rights and Justice Centre).

Local Government

  • R (Berky) v Newport City Council [2011] EWHC 2100 (Admin) (High Court 29.7.11)
    This case concerned the compatibility with EU environmental law (environmental impact assessment) of a grant of planning permission for a supermarket development. Mike Fordham QC acted for Morrisons Plc (instructed by Matthew Howarth). 
  • R (OneSearch Direct Holdings Ltd) v York City Council [2010] EWHC 590 (Admin) [2010] NPC 40 (High Court 19.3.10)
    This case concerned whether the local authority had unreasonably refused a property search company full access to its unrefined property information. Mike Fordham QC acted for the claimant (OneSearch) (instructed by Gwendoline Davies, Walker Morris).

Other cases

  • R (Cordant Group Plc) v Secretary of State for Business Innovation and Skills [2010] EWHC 3442 (Admin) (Kenneth Parker J 30.12.10). (Legality of statutory instrument amending national minimum wage regulations; for Cordant.)
  • R (Al-Rawi) v Security Service [2010] EWCA Civ 482 [2010] 4 All ER 559 (Court of Appeal 4.5.10) (Court’s jurisdiction, in a torture-complicity civil damages claim, to adopt a closed procedure with special advocates; for Martin Mubanga.)
  • R (UNISON) v Monitor [2009] EWHC 3221 (Admin) (High Court 9.12.09) (Statutory cap on NHS private charges income; for Monitor.)
  • R (Al-Sweady) v Secretary of State for Defence (No.2) [2009] EWHC 2387 (Admin) [2010] HRLR 2 (Divisional Court) (Government’s duties of candour and disclosure in judicial review; for Mr Al-Sweady.)
  • R (Al-Haq) v Secretary of State for Foreign and Commonwealth Affairs [2009] EWHC 1910 (Admin) [2009] ACD 76 (DC 27.7.09). (Foreign relations duties and Israel human rights abuses; for West Bank NGO Al-Haq.)
  • R (Al-Sweady) v Secretary of State for Defence (No.1) [2009] EWHC 1687 (Admin) (DC 10.7.09). (Iraq detainee abuse and public interest immunity; for Mr Al-Sweady.)
  • Kay v Metropolitan Police Commissioner [2008] UKHL 69 [2008] 1 WLR 2723 (HL 26.11.08). (Closing down of London’s monthly critical mass cycle ride under the Public Order Act; for Mr Kay). 
  • R (Hasan) v Secretary of State for Trade & Industry [2008] EWCA Civ 1312 [2009] 3 All ER 539 (CA 25.11.08). (Administrative law duty to give reasons for arms exporting decisions; for Mr Hasan.)
  • R (BugLife) v Thurrock Thames Gateway Development Corporation (No.1) [2008] EWCA Civ 1209 [2009] Env LR 18 (CA 4.11.08). (Protective costs orders in environmental judicial reviews; for BugLife.)
  • R (Nuclear Information Service) v Secretary of State for Defence [2008] EWHC 1634 (Admin) (Simon J 10.6.08). (International law compatibility of Trident nuclear weapons replacement; for the NIS.)
  • R (Brooke) v Parole Board [2008] EWCA Civ 29 [2008] 1 WLR 1950 (CA 1.2.08). (Independence of the Parole Board; for the Parole Board.)
  • R (Main) v Minister for Legal Aid [2007] EWCA Civ 1147 [2008] UKHRR 52 (CA 19.11.07). (Legal aid for rail inquest; for the Main family.)
  • R (Faithfull) v Ipswich Crown Court [2007] EWHC 2763 (Admin) [2008] 1 WLR 1636 (DC 26.10.07). (Third party judicial review of the crown court; for Mr Faithfull.)
  • F (Mongolia) v Secretary of State for the Home Department [2007] EWCA Civ 769 [2007] 1 WLR 2523 (CA 25.7.07). (Availability of judicial review given statutory review in immigration cases; for Mr F.)
  • R (Leicester Gaming Club Ltd) v Gambling Commission [2007] EWHC 531 (Admin) (Wyn Williams J 23.3.07). (Implied licensing power; for Leicester Gaming Club.)
  • R (Girling) v Secretary of State for the Home Department [2006] EWCA Civ 1779 [2007] QB 783 (CA 21.12.06). (Legality of Secretary of State’s directions to the Parole Board; for the Parole Board.)
  • R (Moreton) v Medical Defence Union Ltd [2006] EWHC 1948 (Admin) [2006] ACD 102 (Newman J 26.7.06). (Judicial reviewability of the Medical Defence Union; for the MDU.)
  • Mohit v Director of Public Prosecutions of Mauritius [2006] UKPC 20 [2006] 1 WLR 3343 (PC 25.4.06).  (Judicial review of nolle prosequi; for the DPP.)
  • R (Wildman) v Office of Communications (No.2) [2005] EWHC 1573 (Admin) (Stanley Burnton J 25.7.05). (Local radio licensing; for Ofcom.)
  • R (Roberts) v Parole Board [2005] UKHL 45 [2005] 2 AC 738 (HL 7.7.05). (Parole Board use of special advocate procedure; for the Parole Board.)
  • R (Corner House Research) v Secretary of State for Trade & Industry [2005] EWCA Civ 192 [2005] 1 WLR 2600 (CA 1.3.05). (Protective costs order; for the Public Law Project.)
  • R (G) v Immigration Appeal Tribunal [2004] EWCA Civ 1731 [2005] 1 WLR 1445 (CA 16.12.04). (Statutory review; for G and M.)
  • R (Refugee Legal Centre) v Secretary of State for the Home Department (No.1) [2004] EWCA Civ 1239 (CA 22.9.04). (Protective costs order; for RLC.)
  • Hulme v Secretary of State for Defence [2003] EWCA Civ 1611 (CA 19.11.03). (MOD pension denial; for Mrs Hulme.)
  • R (ABCIFER) v Secretary of State for Defence [2003] EWCA Civ 473 [2003] QB 1397 (CA 3.4.03). (Civilian internees compensation; for ABCIFER.)
  • R (Asha Foundation) v Millennium Commission [2003] EWCA Civ 88 [2003] ACD 50 (CA 16.1.03). (Multi-faith centre grant refusal; for Asha.)
  • R (Campaign for Nuclear Disarmament) v Prime Minister [2002] EWHC 2777 (Admin) [2003] 3 LRC 335 (DC 17.12.02). (War on Iraq; for CND.)
  • R v Secretary of State for Education & Employment, ex p Liverpool Hope University College [2001] EWCA Civ 362 [2001] ELR 552 (CA 15.3.01). (University college name; for LHUC.)
  • British Waterways Board v Severn Trent Water Ltd [2001] EWCA Civ 276 [2002] Ch 25 (CA 2.3.01). (Discharge into canals; for BWB.)
  • R v Governor of HM Prison Brockhill, ex p Evans (No.2) [2001] 2 AC 19 (HL 27.7.00). (False imprisonment damages; for the Governor.)
  • R v Ministry of Defence, ex p Walker [2000] 1 WLR 806 (HL 6.4.00). (UN peacekeeper compensation; for Sgt Walker.)
  • R v Criminal Cases Review Commission, ex p Dickinson 16th July 1999 unrep. (DC 16.7.99). (Referring conviction to CA; for CCRC.)
  • R v City of Bath College, ex p Bashforth [1999] ELR 459 (Dyson J 17.5.99). (Dismissal of governor; for CBC.)
  • R v Secretary of State for the Home Department, ex p Stafford [1999] 2 AC 38 (HL 23.7.98). (Release of discretionary lifers; for the Secretary of State.)
  • R v Department of Health, ex p Bhaugeerutty The Times 1st May 1998 (Harrison J 7.4.98). (Residential home closure; for the Bhaugeeruttys.)
  • R v Barnet London Borough Council, ex p G [1998] ELR 281. (Special educational needs; for G.)
  • R v Parliamentary Commissioner for Standards, ex p Fayed [1998] 1 WLR 669 (CA 15.10.97). (Non-investigation of bribe allegation; for Mr Al Fayed.)
  • R v Secretary of State for Transport, ex p Port of Felixstowe [1997] COD 356 (Tucker J 26.3.97). (Subpoenas in judicial review; for PoF.)
  • R v Human Fertilisation and Embryology Authority, ex p Blood [1999] Fam 151 (CA 6.2.97). (Posthumous insemination; for Mrs Blood.)
  • R v Governor of Brockhill Prison, ex p Evans (No.1) [1997] QB 443 (DC 15.11.96). (Prisoner release calculation; for the Governor.)
  • R v Secretary of State for Social Security, ex p Armstrong (1996) 8 Admin LR 626 (CA 4.6.96). (Welfare benefits; for the Secretary of State.)
  • R v Independent Television Commission, ex p Church of Scientology [1996] COD 443 (Dyson J 22.5.96). (Religious advertising; for ITC.)

Human Rights & Civil Liberties

  • R (Ali Zaki Mousa) (No.1) v Secretary of State for Defence [2011] EWCA Civ 1334 [2012] HRLR 210 (CA 22.11.11). (Independence of inquiry team investigating ill-treatment by British military in Iraq; for Mr Mousa.) 
  • BX v Secretary of State for the Home Department [2010] EWCA Civ 481 [2010 1 WLR 2463 (CA 4.5.10). (Control order relocation injunction procedure; for Mr BX.)
  • R (XC) v SIAC [2009] EWHC 3052 (Admin) [2010] 2 WLR 1012 (DC 1.12.09). (Duty of minimum fair disclosure in SIAC bail hearing; for Mr XC.)
  • AM (Somalia) v Entry Clearance Officer (No.2) [2009] EWCA Civ 634 [2009] UKHRR 1073 (CA 1.7.09). (Disability discrimination, Article 14 and third party maintenance under the immigration rules; for Ms AM.)
  • AF v Secretary of State for the Home Department (No.3) [2009] UKHL 28 [2010] 2 AC 269 (HL 10.6.09). (Minimum fair disclosure in control order cases; for JUSTICE).
  • Re McE [2009] UKHL 15 [2009] 1 AC 908 (HL 11.3.09). (Human rights-compatibility of intrusive surveillance of lawyer-client consultations; for the Secretaries of State.)
  • Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin) [2009] 2 All ER 193 (11.12.08 Blake J). (Article 8 and ban on asylum-seekers’ right to work; for Mr Tekle.)
  • R (Gentle) v Prime Minister [2008] UKHL 20 [2008] 1 AC 1356 (HL 9.4.08). (Article 2 and legality of the Iraq war; for Mrs Gentle.)
  • R (Animal Defenders International) v Secretary of State for Culture, Media & Sport [2008] UKHL 15 [2008] 1 AC 1312 (HL 12.3.08). (Political advertising ban; for ADI.)
  • R (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [2008] 1 AC 332 (HL 12.12.07). (Article 5 and internment in Iraq; for Mr Al-Jedda.)
  • R (O’Connell) v Parole Board [2007] EWHC 2591 (Admin) [2008] 1 WLR 979 (DC 13.11.07). (Oral parole hearing; for the Board.)
  • Secretary of State for the Home Department v JJ [2007] UKHL 45 [2008] 1 AC 385 (HL 31.10.07). (Article 5 and controls orders as deprivation of liberty; for JUSTICE intervening.)
  • Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 (HL 31.10.07). (Article 6 and basic fairness in control orders; for JUSTICE intervening.)
  • YL v Birmingham City Council; Johnson v Havering London Borough Council [2007] UKHL 27 [2008] 1 AC 95 (HL 20.6.07). (HRA applicability to private care home; for Liberty intervening.)
  • R (Al-Skeini) v Secretary of State for Defence [2007] UKHL 26 [2008] 1 AC 153 (HL 13.6.07). (Human rights applicability in post-war Iraq; for Mr Al-Skeini.)
  • R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55 [2007] 2 AC 105 (HL 13.12.06). (Article 10 and 11 and Fairford demonstration policing; for Ms Laporte.)
  • R (B) v Stafford Combined Court [2006] EWHC 1645 (Admin) [2007] 1 WLR 1524 (Forbes J 4.7.06). (Article 8 mental health records protection; for Ms B.)
  • R (Stanley) v Metropolitan Police Commissioner [2004] EWHC 2229 (Admin) [2005] UKHRR 115 (DC 7.10.04). (Anti-social behaviour orders publicity; for Mr Stanley.)
  • R v Press Complaints Commission, ex p Anna Ford [2001] EWHC Admin 683 [2002] EMLR 5 (Silber J 31.7.01). (Newsreader privacy; for PCC.)
  • R v Secretary of State for the Home Department, ex p Turgut [2001] 1 All ER 719 (CA 28.1.00). (Article 3 removals; amicus curiae.)
  • R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet (No.3) [2000] 1 AC 147 (HL 24.3.99). (Extradition of former Head of State; for Amnesty.)
  • R v Metropolitan Stipendiary Magistrate, ex p Pinochet (No.1) [2000] 1 AC 61 (HL). (Extradition of former Head of State; for Amnesty.)
  • R v Press Complaints Commission, ex p Stewart-Brady [1997] EMLR 185 (CA 18.11.96). (Moors murderer prisoner privacy; for PCC.)

Immigration & Asylum

  • R (ZO (Somalia)) v Secretary of State for the Home Department [2010] UKSC 36 (SC 28.7.10) (Asylum-seekers’ right to work under the EU Reception Directive; for Mr MM.)
  • R (Glenford Lewis) v Secretary of State for the Home Department [2010] EWHC 1749 (Admin) (Blake J 16.7.10). (Legality of immigration removal and uncommunicated court order; for Mr Lewis.)
  • HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 [2010] 3 WLR 386 (SC 7.7.10) (Entitlement of homosexuals to refugee status; for UNHCR.)
  • Secretary of State for the Home Department v Anastasia Pankina [2010] EWCA Civ 719 (CA 23.6.10). (Legality of policy guidance supplementing immigration rules; for Ms Pankina.)
  • Mahad (Ethiopia) v Entry Clearance Officer [2009] UKSC 16 [2010] 1 WLR 48 (SC 16.12.09). (Third party support to satisfy maintenance requirements in the immigration rules; for the appellants.) 
  • MT (Palestinian Territories) v Secretary of State for the Home Department [2009] EWCA Civ 1149 (CA 22.10.09). (Asylum and exclusion from re-entry; for Mr MT.)
  • R (HSMP Forum) v Secretary of State for the Home Department (No.2) [2009] EWHC 711 (Admin) (Cox J 6.4.09). (Unfair extension of qualifying period for Highly Skilled Migrant Programme; for HSMP Forum.)
  • C (Zimbabwe) v Secretary of State for the Home Department [2008] UKHL 40 [2008] 1 WLR 1420 (HL 25.6.08). (Article 8 and family unity; for Mrs C.)
  • R v Asfaw [2008] UKHL 31 [2008] 1 AC 1061 (HL 21.5.08). (Article 31 of the Refugee Convention and prosecution of transit refugee; for UNHCR intervening.)
  • AS (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 [2008] UKHRR 679 (CA 9.4.08). (Safety on return; for Liberty intervening.)
  • R (HSMP Forum) v Secretary of State for the Home Department (No.1) [2008] EWHC 664 (Admin) (Sir George Newman 8.4.08). (Unfair rule changes to Highly Skilled Migrant Programme; for the HSMP Forum.)
  • K & Fornah v Secretary of State for the Home Department [2006] UKHL 46 [2007] 1 AC 412 (HL). (Female genital mutilation and gender-based persecution; for the UNHCR intervening.)
  • Saadi v United Kingdom (App No.13229/03) (ECtHR Grand Chamber). (Article 5-compatibility of Oakington fast-track detention.)
  • N v Secretary of State for the Home Department [2006] EWCA Civ 1012 (CA 22.6.06). (Immigration appeal.)
  • R (Hicks) v Secretary of State for the Home Department [2006] EWCA Civ 400 [2006] INLR 203 (CA 12.4.06). (Guantanamo detainee British citizenship entitlement; for Mr Hicks.)
  • R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2004] UKHL 55 [2005] 2 AC 1 (HL 9.12.04). (Prague pre-clearance; for the Secretary of State.)
  • R (Refugee Legal Centre) v Secretary of State for the Home Department (No.2) [2004] EWCA Civ 1481 [2005] 1 WLR 2219 (CA 12.11.04). (Harmondsworth fast-track timetable; for RLC.)
  • L (China) v Secretary of State for the Home Department [2004] EWCA Civ 1441 (CA 3.11.04). (Asylum and Falun Gong; for the Secretary of State.)
  • R (Atkinson) v Secretary of State for the Home Department [2004] EWCA Civ 846 [2004] ACD 71 (CA 1.7.04). (Returnability to Jamaica; for the Secretary of State.)
  • R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27 [2004] 2 AC 368 (HL 17.6.04). (Article 8 mental health removals; for the Secretary of State.)
  • R (Sivakumar) v Secretary of State for the Home Department [2003] UKHL 14 [2003] 1 WLR 840 (HL). (Asylum causation test; for the Secretary of State.)
  • R (Acan) v Immigration Appeal Tribunal 12th February 2004 unrep. (Gibbs J 12.2.04). (Family reunion; for the Acan family.)
  • Sabanathan v Secretary of State for the Home Department [2003] EWCA Civ 1517 (CA 17.10.03). (Immigration appeal.)
  • R (Saadi) v Secretary of State for the Home Department [2002] UKHL 41 [2002] 1 WLR 3131 (HL 31.10.02). (Fast-track asylum detention; for the Secretary of State.)
  • Montoya v Secretary of State for the Home Department [2002] EWCA Civ 620 The Times 29th May 2002 (CA 9.5.02). (Landowner refugees; for the Secretary of State.)
  • McPherson v Secretary of State for the Home Department [2001] EWCA Civ 1955 (CA 19.12.01). (Article 3/8 removals; for the Secretary of State.)
  • R (Secretary of State for the Home Department) v Immigration Appeal Tribunal [2001] EWHC Admin 1067 [2002] INLR 116 (DC 19.12.01). (Refugee status appeals; for the Secretary of State.)
  • R v Immigration Appeal Tribunal, ex p Secretary of State for the Home Department [2001] QB 1224 (Scott Baker J 9.4.01). (IAA remittal powers; for the Secretary of State.)
  • Shah & Islam v Secretary of State for the Home Department [1999] 2 AC 629 (HL 25.3.99). (Gender-based asylum; for the Secretary of State.)

Environment

  • R (Downs) v Secretary of State for the Environment [2009] EWCA Civ 664 [2010] Env LR 7 (CA 7.7.09) (EU compatibility of UK pesticides policy; for Ms Downs.)
  • R (BugLife) v Thurrock Thames Gateway Development Corporation (No.2) [2009] EWCA Civ 29 [2009] NPC 17 (CA 28.1.09) (EC Habitats law compatibility of development permission; for BugLife.)
  • R (Anti-Waste Ltd) v Environment Agency [2007] EWCA Civ 1377 [2008] 1 WLR 923 (CA 20.12.07). (Piggybacking waste landfills; for AWL.)
  • R (West London Waste Authority) v Mayor of London [2007] EWHC 757 (Admin) [2007] Env LR 27 (Goldring J 4.4.07). (Waste strategy; for the WLWA.)
  • R (Takeley Parish Council) v Secretary of State for Transport [2005] EWHC 3312 (Admin) (Lloyd Jones J 14.12.05). (Stansted blight scheme; for the Secretary of State.)
  • R (PPG 11 Ltd) v Dorset County Council [2003] EWHC 1311 (Admin) [2004] Env LR 84 (Mackay J 6.6.03). (Environmental impact assessment; for PPG 11 Ltd.)
  • R (Isaac) v Secretary of State for the Environment, Food & Rural Affairs [2002] EWHC 1983 (Admin) [2003] Env LR 23 (Forbes J 11.9.02). (Flood defence grant; for Mr Isaac.)
  • R (Valpak) v Environment Agency [2002] EWHC 1510 (Admin) [2002] Env LR 864 (Moses J 23.5.02). (Glass recycling; for Valpak.)
  • R v Environment Agency, ex p Marchiori [2002] EWCA Civ 3 [2002] EuLR 225 (CA 25.1.02). (Aldermaston nuclear weapons manufacture; for Ms Marchiori.)
  • R v Secretary of State for the Environment, Food and Rural Affairs, ex p Friends of the Earth [2001] EWCA Civ 1847 [2002] Env LR 24 (CA 7.12.01). (Sellafield MOX plant; for Friends of the Earth and Greenpeace.)
  • R v Hampshire County Council, ex p Vetterlein [2001] EWHC Admin 560 [2002] Env LR 8 (Sullivan J 14.6.01). (Incinerator planning permission; for Mr Vetterlein.)
  • R v Environment Agency, ex p Mayer Parry Recycling Ltd (No.2) [2001] Env LR 35 (Collins J 9.11.00). (Interim relief; for MPRL.)
  • R v Environment Agency, ex p Mayer Parry Recycling Ltd (No.1) [2001] Env LR 31 (Collins J 8.9.00). (ECJ recycling reference; for MPRL.)
  • R v Secretary of State for the Environment, ex p Watson [1999] Env LR 310 (CA 21.7.98). (Organic farming and GM buffer zones; for Guy Watson.)
  • R v Bolton Metropolitan Council, ex p Kirkman [1998] Env LR 719 (CA 5.5.98). (Incinerator authorisation; for Mr Kirkman.)
  • R v Environment Agency, ex p Dockgrange Ltd [1997] Env LR 575 (Carnwath J 22.5.97). (Waste movement controls; for Dockgrange.)
  • R v Environment Agency, ex p Leam [1998] Env LR D1 (Laws J 18.3.97). (Cemfuel authorisation; for Mr Leam.)
  • R v Secretary of State for Transport, ex p Berkshire Buckinghamshire and Oxfordshire Naturalists’ Trust Ltd [1997] Env LR 80 (Sedley J 25.6.96). (Newbury Bypass habitats protection; for BBONT.)
  • R v Carrick District Council, ex p Shelley [1996] Env LR 273 (Carnwath J 3.4.96). (Cornwall beach pollution statutory nuisance; for Ms Shelley.)
  • R v Her Majesty’s Inspectorate of Pollution, ex p Chapman [1996] COD 154 (11.10.95). (Pembroke Power Station pollution authorisation; for Ms Chapman.)

Local Government

  • R (TC Projects Ltd) v Newcastle Licensing Justices [2008] EWCA Civ 428 (CA 30.4.08) (Casions licences and unmet demand; for Clermont Leisure Ltd.)  
  • R (Scott) v Heathrow Airport Ltd [2005] EWHC 2669 (Admin) (Owen J 1.12.05). (Taxi-driver exclusion; for Heathrow Airport.)
  • R (Keating) v Cardiff Local Health Board [2005] EWHC 559 (Admin) (Moses J 23.3.05). (Welfare advice funding cuts; for Mr Keating.)
  • R (Capenhurst) v Leicester City Council [2004] EWHC 2124 (Admin) [2004] ACD 93 (Silber J 15.9.04). (Community centre closures; for Ms Capenhurst.)
  • R (Agnello) v Hounslow London Borough Council [2003] EWHC 3112 (Admin) [2004] LGR 536 (Silber J 16.12.03). (Vegetable market reorganisation; for Hounslow.)
  • R v Surrey County Council, ex p Barron [2002] EWCA Civ 713 (2002) 20 EG 225 (CS) (CA 7.5.02). (Land rights estoppel; for Ms Barron.)
  • R v Liverpool City Council, ex p The Baby Products Association [2000] LGR 171 (Lord Bingham CJ 23.11.99). (Naming and shaming of manufacturers; for BPA.)
  • R v Chelsea & Westminster London Borough Council, ex p O’Callaghan 11th March 1998 unrep. (Richards J 11.3.98). (Closure of specialist unit; for the O’Callaghans.)
  • R v Secretary of State for the Environment, ex p Oxford City Council 18th February 1998 unrep. (CA 18.2.98). (Poll tax rebate; for the Secretary of State.)
  • R v North and East Devon Health Authority, ex p Pow (1998) 39 BMLR 77 (Moses J 4.8.97).  (Cottage hospital closure; for Ms Pow.)
  • R v Brent London Borough Council, ex p Walters (1998) 30 HLR 328 (CA 31.7.97). (Chalkhill Development further challenge; for Brent.)
  • R v Brent London Borough Council, ex p O’Malley 13th March 1997 unrep. (Schiemann LJ 13.3.97). (Chalkhill Development challenge; for Brent.)

EU and Competition

Mike Fordham QC is a public lawyer who regularly appears in leading EU law and competition law cases in all courts and at all levels.

Current and recent work

  • EM (Eritrea) v Secretary of State for the Home Department (Supreme Court, pending)
    This case concerns the application of human rights to the EU Dublin II Regulation, by reference to the EU Charter of Fundamental Rights. Mike Fordham QC acts pro bono for UNHCR, intervening (instructed by Tim Pountain-Holes at Baker & McKenzie). 
  • Telefonica O2 Ltd v Ofcom [2010] CAT 25 (CAT 7.10.10)
    This case concerned the correct interpretation of the EU telecoms harmonization duty. Mike Fordham acted for Everything Everywhere (formerly T-Mobile) (instructed by Robyn Durie at EE).
  • R (ZO (Somalia)) v Secretary of State for the Home Department [2010] UKSC 36 (SC 28.7.10)
    This case concerned asylum-seekers’ right to work under the EU Reception Directive. Mike Fordham QC acted for the claimant MM (instructed by Scudamores).
  • QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 620 [2010] 2 All ER 971 (CA 24.6.09)
    This case concerned the application of Article 15(c) of the EU Qualification Directive 2004/83, subsidiary asylum protection for those facing a high level of indiscriminate violence. Mike Fordham QC acted pro bono for the United Nations High Commissioner for Refugees, intervening (instructed by Baker & McKenzie).

Other cases

  • WM Morrison Supermarkets Plc v Competition Commission [2009] CAT 33 (CAT 4.12.09) (Interim relief of CC approval decision; for Morrisons.)
  • R (BugLife) v Thurrock Thames Gateway Development Corporation (No.2) [2009] EWCA Civ 29 [2009] NPC 17 (CA 28.1.09) (EC Habitats law compatibility of development permission; for BugLife.)
  • T-Mobile UK Ltd v Office of Communications [2008] EWCA Civ 1373 [2009] 1 WLR 1565 (CA 12.12.08). (Mobile auction appellate jurisdiction; for T-Mobile.)
  • R (Telefonica O2 Europe Plc) v Secretary of State for Business Enterprise & Regulatory Reform [2007] EWHC 3018 (Admin) (Mitting J 7.12.07). (Mobile roaming rights and EU law; for H3G Intervening.)
  • R (Horvath) v Secretary of State for Environment, Food & Rural Affairs [2007] EWCA Civ 620 [2007] NPC 83 (CA 28.6.07). (Devolution arrangements and discrimination under EU law; for Mr Horvath.)
  • R (T-Mobile UK Ltd) v Competition Commission [2003] EWHC 1566 (Admin) [2003] ACD 72 (Moses J 27.6.03). (Mobile phone price controls; for T-Mobile.)
  • R v Environment Agency, ex p Mayer Parry Recycling Ltd Case C-444/00 [2004] 1 WLR 538 (ECJ). (Metal packaging waste recycling; for MPRL.)

Commercial

Mike Fordham QC has a background in commercial law and is regularly instructed in high-profile regulatory and commercial judicial review cases and appeals.

Current and recent work

  • R (William Hill Organisation Ltd) v Horserace Betting Levy Board [2013] EWCA Civ 487 [2013] 3 All ER 297 (Court of Appeal 3.5.13)
    This case concerned whether customers of betting exchanges are subject to horserace betting levy. Mike Fordham QC acted for the Levy Board (instructed by Andrew Lidbetter at Herbert Smith).
  • R (Infinis Plc) v Ofgem [2013] EWCA Civ 70 [2013] JPL 1037 (Court of Appeal 13.2.13)
    This case concerned unlawful exclusion from accreditation for issue of renewables obligation certificates to electricity generators, and just satisfaction for violation of property rights under ECHR Article 1P. Mike Fordham QC acted for Infinis (instructed by John Cooper, Wragge & Co).
  • R (Thames Water Utilities Ltd) v Water Services Regulation Authority [2012] EWCA Civ 218 [2012] PTSR 1147 (Court of Appeal 25.1.12)
    This case concerned the legality of an inset appointment for the supply of utilities at the King’s Cross development site. Mike Fordham QC acted for Thames Water (instructed by Berwin Leighton Paisner).
  • R (British Bankers Association) v Financial Services Authority [2011] EWHC 999 (Admin) [2011] ACD 71 (High Court 21.4.11)
    This case concerned the legality of a policy statement issued by the financial services regulator regarding assessment and redress in respect of payment protection insurance sales. Mike Fordham QC acted for Nemo Personal Insurance Ltd, an interested party (instructed by Andrew Lidbetter at Herbert Smith).

Other cases

  • R (London and South Eastern Railway) v British Transport Police Authority [2009] EWHC 460 (Admin) (Collins J 20.3.09) (Train companies contributions to transport police costs; for First Rail Holdings.)
  • T-Mobile UK Ltd v Office of Communications [2008] EWCA Civ 1373 [2009] 1 WLR 1565 (CA 12.12.08) (Ambit of appeal against Ofcom’s regulation-making power; for T-Mobile.) 
  • R (Tate & Lyle Industries Ltd) v Secretary of State for the Energy and Climate Change [2010] EWHC 2752 (Admin) (Moses LJ 2.11.10). (Renewables obligation certificate allocation; for Tate & Lyle.)
  • R (UNISON) v Monitor [2009] EWHC 3221 (Admin) (Cranston J 9.12.09). (NHS private patients cap; for the NHS regulator Monitor.)
  • WM Morrison Supermarkets Plc v Competition Commission [2009] CAT 33 (CAT 4.12.09). (Supermarket development and injunction; for Morrisons.)
  • R (London and South Eastern Railway) v British Transport Police Authority [2009] EWHC 460 (Admin) (Collins J 20.3.09). (Rail policing charging scheme; for First Capital and others intervening.)
  • R (Brown) v Secretary of State for Work & Pensions [2008] EWHC 3158 (Admin) [2009] PTSR 1506 (DC 18.12.08). (Post Office closure programme; for Post Office Ltd.)
  • R (TC Projects Ltd) v Newcastle Licensing Justices [2008] EWCA Civ 428 (CA 30.4.08). (Approach to casino licences under the Gaming Act 1968 in the context of unmet demand; for Clermont Leisure).
  • R (Teeside Power Ltd) v Ofgem [2008] EWHC 1415 (Admin) (Kenneth Parker QC). (Unlawful Balancing and Settlement Code amendment; for TPL.)
  • R (Eisai Ltd) v National Institute for Health and Clinical Excellence [2007] EWHC 191 (Admin) (2007) 98 BMLR 70 (Dobbs J 10.8.07). (NHS rationing of Alzheimer’s drugs; for the Alzheimer’s Society intervening.)
  • R (Consumer Council for Postal Services) v Postal Services Commission [2007] EWCA Civ 167 (CA 7.3.07). (Postal users compensation scheme; for Postwatch.)
  • R (Scottish Power Energy Management Ltd) v Gas and Electricity Markets Authority [2005] EWHC 2324 (Admin) (Walker J 28.10.05).  (Transmission charging; for Scottish Power.)
  • R (Mond) v Association of Chartered Certified Accountants [2005] EWHC 1414 (Admin) (Collins J 28.7.05). (Disciplinary fairness; for ACCA.)
  • R (AES Drax) v Ofgem 21st January 2004 unrep. (Stanley Burnton J 21.1.04). (Transmission loss charging; for AES Drax.)
  • R (Sporting Options Plc) v Horserace Betting Levy Board [2003] EWHC 1943 (Admin) (Hooper J 31.7.03). (Betting exchanges levy; for HBLB.)
  • R (Geologistics Ltd) v Financial Services Compensation Scheme [2003] EWHC 629 (Admin) [2003] 1 WLR 1696. (Policyholder protection; for FSCS.)
  • R v Secretary of State for Health, ex p Pfizer Ltd [2002] EWCA Civ 1566 (2003) 70 BMLR 219 (CA 6.11.02). (NHS viagra rationing; for Pfizer.)
  • R v Advertising Standards Authority, ex p Smith Kline Beecham [2001] EWHC Admin 6 (2001) EMLR 23 (Hunt J 17.1.01). (Ribena Toothkind advertising; for SKB.)
  • R v Secretary of State for the Home Department, ex p Venture International Projects Ltd 20th October 2000 unrep. (CA 20.10.00). (Tendering decision; for the Secretary of State.)
  • R v Family Health Services Appeal Authority, ex p Tesco Stores Ltd (2000) 53 BMLR 130 (Maurice Kay J 20.7.99). (Pharmacy licensing; for Boots.)
  • R v Airport Coordination Ltd, ex p Aravco Ltd [1999] EuLR 939 (CA 23.6.99). (Heathrow slot allocation; for ACL.)
  • R v Secretary of State for the Environment, ex p Scott 30th March 1999 unrep. (Harrison J 30.3.99). (Taxi byelaws; for Heathrow Airport.)
  • R v Airport Coordination Ltd, ex p States of Guernsey Transport Board 25th March 1999 unrep. (Maurice Kay J 25.3.99). (Airport slot trading; for ACL.)
  • R v Family Health Services Appeal Authority, ex p E Moss Ltd (1999) 48 BMLR 204 (CA 11.3.99). (Pharmacy licensing; for Boots.)
  • R v Independent Television Commission, ex p Flextech Plc (1999) EMLR 880 (Maurice Kay J 8.11.98). (Pay TV bundling; for BSkyB.)
  • R v Securities and Investments Board, ex p Sun Life Assurance Society Plc [1996] CLC 52 (Sedley J 31.8.95). (Investor Compensation Scheme levy; for SIB.)
  • R v Securities and Investments Board, ex p Independent Financial Advisers Association [1995] CLC 872 (DC 12.5.95). (Pensions misselling guidance; for SIB.)

Other relevant experience

Cases in the House of Lords/Supreme Court

Mike Fordham QC has appeared in numerous cases in the House of Lords and Supreme Court:

  • EM (Eritrea) v Secretary of State for the Home Department UKSC (pending) (Dublin II returns to Italy)
  • Al-Sirri (YS (Egypt)) v Secretary of State for the Home Department [2012] UKSC 54 [2013] 1 AC 745 (SC 21.11.12) (Article 1F(c) refugee exclusion)
  • RT (Zimbabwe) v Secretary of State for the Home Department [2012] UKSC 38 [2013] 1 AC 152 (SC 25.7.12) (imputed political opinion and refugee status)
  • W (Algeria) v Secretary of State for the Home Department [2012] UKSC 8 [2012] 2 AC 115 (SC 7.3.12) (SIAC procedure and appellant sensitive material) 
  • R (Cart) v Upper Tribunal [2011] UKSC 28 [2011] 3 WLR 107 (SC 22.6.11) (Upper Tribunal amenability to judicial review)
  • Eba v Advocate General for Scotland [2011] UKSC 29, [2012] 1 AC 710 (SC 22.6.11). (Upper Tribunal reviewability in Scottish cases)
  • Kambadzi v SSHD [2011] UKSC 23 [2011] 1 WLR 1299 (SC 25.5.11) (Default of immigration detention reviews)
  • R (GC & C) v Metropolitan Police Commissioner  [2011] UKSC 21 [2011] 1 WLR 1230 (SC 18.5.11). (Retention of police DNA data)
  • Lumba v SSHD [2011] UKSC 12, [2012] 1 AC 245 (SC 23.3.11). (Operation of secret immigration detention policy)
  • R (ZO (Somalia)) v Secretary of State for the Home Department [2010] UKSC 36 [2010] 1 WLR 1948 (SC 28.7.10). (EU Reception Directive asylum-seekers’ right to work)
  • HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 [2011] 1 AC 596 (SC 7.7.10). (Sexual orientation-based persecution and asylum)
  • Ahmed v HM Treasury [2010] UKSC 2 [2010] 2 AC 534 (SC 27.1.10). (Human rights compatibility of anti-terrorism asset-freezing instruments)
  • Mahad (Ethiopia) v Entry Clearance Officer [2009] UKSC 16 [2010] 1 WLR 48 (SC 16.12.09). (Third party support and maintenance requirement under the immigration rules)
  • AF v Secretary of State for the Home Department (No.3) [2009] UKHL 28 [2010] 2 AC 269 (HL 10.6.09).  (Human rights procedural fairness and control orders)
  • Re McE [2009] UKHL 15 [2009] 1 AC 908 (HL 11.3.09). (Human rights-compatibility of intrusive surveillance of lawyer-client consultations)
  • Kay v Metropolitan Police Commissioner [2008] UKHL 69 [2008] 1 WLR 2723 (HL 26.11.08). (Police prohibition of critical mass cycle ride)
  • C (Zimbabwe) v Secretary of State for the Home Department [2008] UKHL 40 [2008] 1 WLR 1420 (HL 25.6.08). (Article 8 and family unity)
  • R v Asfaw [2008] UKHL 31 [2008] 1 AC 1061 (HL 21.5.08). (Article 31 of the Refugee Convention and prosecution of transit refugee)
  • R (Gentle) v Prime Minister [2008] UKHL 20 [2008] 1 AC 1356 (HL 9.4.08). (Article 2 and legality of the Iraq war)
  • R (Animal Defenders International) v Secretary of State for Culture, Media & Sport [2008] UKHL 15 [2008] 1 AC 1312 (HL 12.3.08). (Political advertising ban)
  • R (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [2008] 1 AC 332 (HL 12.12.07). (Article 5 and internment in Iraq)
  • Secretary of State for the Home Department v JJ [2007] UKHL 45 [2008] 1 AC 385 (HL 31.10.07). (Article 5 and controls orders as deprivation of liberty).
  • Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 (HL 31.10.07). (Article 6 and basic fairness in control orders)
  • YL v Birmingham City Council; Johnson v Havering London Borough Council [2007] UKHL 27 [2008] 1 AC 95 (HL 20.6.07). (HRA applicability to private care home)
  • R (Al-Skeini) v Secretary of State for Defence [2007] UKHL 26 [2008] 1 AC 153 (HL 13.6.07). (Human rights applicability in post-war Iraq)
  • R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55 [2007] 2 AC 105 (HL 13.12.06). (Article 10 and 11 and Fairford demonstration policing)
  • K & Fornah v Secretary of State for the Home Department [2006] UKHL 46 [2007] 1 AC 412 (HL). (Female genital mutilation and gender-based persecution)
  • R (Roberts) v Parole Board [2005] UKHL 45 [2005] 2 AC 738 (HL 7.7.05). (Parole Board use of special advocate procedure)
  • R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2004] UKHL 55 [2005] 2 AC 1 (HL 9.12.04). (Prague pre-clearance)
  • R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27 [2004] 2 AC 368 (HL 17.6.04). (Article 8 mental health removals)
  • R (Sivakumar) v Secretary of State for the Home Department [2003] UKHL 14 [2003] 1 WLR 840 (HL). (Asylum causation test)
  • R (Saadi) v Secretary of State for the Home Department [2002] UKHL 41 [2002] 1 WLR 3131 (HL 31.10.02). (Fast-track asylum detention)
  • R v Governor of HM Prison Brockhill, ex p Evans (No.2) [2001] 2 AC 19 (HL 27.7.00). (False imprisonment damages)
  • R v Ministry of Defence, ex p Walker [2000] 1 WLR 806 (HL 6.4.00). (UN peacekeeper compensation)
    Shah & Islam v Secretary of State for the Home Department [1999] 2 AC 629 (HL 25.3.99). (Gender-based asylum)
  • R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet (No.3) [2000] 1 AC 147 (HL 24.3.99). (Extradition of former Head of State)
  • R v Metropolitan Stipendiary Magistrate, ex p Pinochet (No.1) [2000] 1 AC 61 (HL). (Extradition of former Head of State)
  • R v Secretary of State for the Home Department, ex p Stafford [1999] 2 AC 38 (HL 23.7.98). (Release of discretionary lifers)  

Other Recognition

Mike Fordham QC was appointed a Bencher of Gray’s Inn in 2009. He has four part-time judicial appointments: Civil Recorder; Criminal Recorder; Deputy Judge of the Upper Tribunal; and Deputy High Court Judge. He has written legal opinions which have been relied on by the Constitutional Affairs Committee in 2003 (legal aid reform) and 2004 (asylum and judicial review); the Work and Pensions Committee in 2004 (health and safety enforcement policy); and the All-Party Working Group on Rendition in 2008 (extraordinary rendition). The Law Commission’s working and consultation papers from 2006-2009 on monetary remedies against public authorities arose out of a groundbreaking article Mike had written in 2003.  He is a Fellow of the Bingham Centre for the Rule of Law.

Awards

Mike Fordham was Public Law Junior of the Year 2005. In the same year he was Liberty/JUSTICE Human Rights Lawyer of the Year 2005, an award which he received: "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 3rd (behind two commercial QCs) in Barrister of the Year 2006. He was winner of the Bar Pro Bono Award 2006; and winner of Human Rights and Public Law QC of the Year 2008.

Books & Publications

Mike Fordham QC is author of the acclaimed Judicial Review Handbook (6th edition, 2012). It has been cited with approval at all levels of the Courts including, in the House of Lords/Privy Council: Boddington [1999] 2 AC 143, 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]; Bahamas Hotel Maintenance [2011] UKPC 4 at [23].  Mike co-edits the quarterly practitioners' journal Judicial Review (since 1996). He wrote or co-wrote chapters for the books Administrative Law, Facing the Future and Understanding Human Rights Principles. He has written more than 50 published articles in legal journals.  He is Lead Author of the 2013 Bingham Centre report on Immigration Detention and the Rule of Law.

Pro Bono Work

Mike has an established reputation for his pro bono work. In 2006 he was winner of the Sydney Elland Goldsmith Bar Pro Bono Award. He was nominated for that award by the United Nations High Commissioner for Refugees, Friends of the Earth, the Refugee Legal Centre, the Public Law Project and Baker & McKenzie LLP, for his outstanding contribution to pro bono work. Commenting on the award, Chairman of the Bar Stephen Hockman QC said this: "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".  Mike acts pro bono in numerous interventions, and in his work for the Bingham Centre for the Rule of Law.

Examples of Pro Bono Cases

  • EM (Eritrea) v Secretary of State for the Home Department UKSC (pending) (Dublin II returns to Italy; for UNHCR)
  • Al-Sirri (YS (Egypt)) v Secretary of State for the Home Department [2012] UKSC 54 [2013] 1 AC 745 (SC 21.11.12) (Article 1F(c) refugee exclusion; for UNHCR)
  • RT (Zimbabwe) v Secretary of State for the Home Department [2012] UKSC 38 [2013] 1 AC 152 (SC 25.7.12) (imputed political opinion and refugee status; for UNHCR) 
  • R (Cart) v Upper Tribunal [2011] UKSC 28 [2012] 1 AC 663 (SC 22.6.11) (Upper Tribunal amenability to judicial review; for PLP) 
  • Eba v Advocate General for Scotland [2011] UKSC 29 [2012] 1 AC 710 (SC 22.6.11). (Upper Tribunal reviewability in Scottish cases; for PLP)
  • Kambadzi v SSHD [2011] UKSC 23 [2011] 1 WLR 1299 (SC 25.5.11) (Default of immigration detention reviews; for BiD)
  • Lumba v SSHD [2011] UKSC 12 [2012] 1 AC 245 (SC 23.3.11). (Operation of secret immigration detention policy; for BiD)
  • HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 [2011] 1 AC 596 (SC 7.7.10). (Sexual orientation-based persecution and asylum; for UNHCR.)
  • Ahmed v HM Treasury [2010] UKSC 2 [2010] 2 AC 534 (SC 27.1.10). (Human rights compatibility of anti-terrorism asset-freezing instruments; for JUSTICE.)
  • R (Friends of the Earth and Help The Aged) v Secretary of State for the Environment [2009] EWCA Civ 810 [2010] Env LR 11 (CA 30.7.09). (Fuel poverty eradication statutory duties; for FOE and HTA.)
  • R (Al-Haq) v Secretary of State for Foreign and Commonwealth Affairs [2009] EWHC 1910 (Admin) [2009] ACD 76 (DC 27.7.09). (Foreign relations duties and Israel human rights abuses; for West Bank NGO Al-Haq.)
  • QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 620 [2010] 2 All ER 971 (CA 24.6.09). (EU Qualification Directive and asylum subsidiary protection; for UNHCR.)
  • AF v Secretary of State for the Home Department (No.3) [2009] UKHL 28 [2010] 2 AC 269 (HL 10.6.09).  (Human rights procedural fairness and control orders; for JUSTICE.)
  • R v Asfaw [2008] UKHL 31 [2008] 1 AC 1061 (HL 21.5.08). (Article 31 of the Refugee Convention and prosecution of transit refugee; for UNHCR.)
  • AS (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 [2008] UKHRR 679 (CA 9.4.08). (Safety on return; for Liberty.)
  • Secretary of State for the Home Department v JJ [2007] UKHL 45 [2008] 1 AC 385 (HL 31.10.07). (Article 5 and controls orders as deprivation of liberty; for JUSTICE.)
  • Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 (HL 31.10.07). (Article 6 and basic fairness in control orders; for JUSTICE.)
  • YL v Birmingham City Council; Johnson v Havering London Borough Council [2007] UKHL 27 [2008] 1 AC 95 (HL 20.6.07). (HRA applicability to private care home; for Liberty.)
  • K & Fornah v Secretary of State for the Home Department [2006] UKHL 46 [2007] 1 AC 412 (HL). (Female genital mutilation and gender-based persecution; for UNHCR.)
  • R (Corner House Research) v Secretary of State for Trade & Industry [2005] EWCA Civ 192 [2005] 1 WLR 2600 (CA 1.3.05). (Protective costs order; for PLP.)
  • R (Refugee Legal Centre) v Secretary of State for the Home Department (No.2) [2004] EWCA Civ 1481 [2005] 1 WLR 2219 (CA 12.11.04). (Harmondsworth fast-track timetable; for RLC.)
  • R (Refugee Legal Centre) v Secretary of State for the Home Department (No.1) [2004] EWCA Civ 1239 (CA 22.9.04). (Protective costs order; for RLC.)
  • R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet (No.3) [2000] 1 AC 147 (HL 24.3.99). (Extradition of former Head of State; for Amnesty.)

Teaching & Speaking

Mike Fordham QC is College Lecturer at Hertford College Oxford, a position he has held since 1989. He is a frequent speaker at conferences on public law and human rights. He chairs the annual Hart Judicial Review Conference, and has spoken at conferences including those of the Administrative Law Bar Association, the Bar European Group, the Bar Human Rights Group, the Cambridge Centre for Public Law, the Immigration Law Practitioners Association, JUSTICE, the Legal Action Group Community Care Conference and the Public Law Project. Mike has undertaken training for organisations ranging from the United Nations High Commissioner for Refugees in Brussels to the Judiciary of Trinidad and Tobago in Port of Spain.

Personal

Mike lives in St Albans. He was an Oxford hockey Blue in 1986 and is player-manager of St Albans Hockey Club’s veterans (Masters) hockey team. He is youth music leader at Marlborough Road Methodist Church, St Albans. He likes to walk canal towpaths.

Other Information:

VAT registration number:  523295061

Photograph of Mike Fordham QC

He is a great advocate: incredibly persuasive and strategic in his thinking, and compelling on every issue. You really get something special with him 

Chambers 2014

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superb advocate ... outstanding ... fantastic 

Legal 500 2013