Ben Jaffey KC

The High Court in Northern Ireland held that the Northern Irish school curriculum for religious education is in breach of the ECHR rights of a child and her father. The Court held that the curriculum is not sufficiently objective, critical and pluralistic. Ben acted for the Claimant.

The Divisional Court quashed the Home Office’s decision to refuse of security clearance to Mr Eric Kind, who was offered the position of Head of Investigations for the Investigatory Powers Commissioner’s Office. Ben acted for the Claimant.

Acting for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition.

Acted for the Claimants in proceedings arising out of the ‘emissions scandal’, which broke in the US in September 2015. Following a two-week trial of two preliminary issues, Mr Justice Waksman found that the  controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.

The Court of Appeal has upheld the Administrative Court’s decision that a trans man who gave birth to a child must be registered as the child’s mother. The Court held that this did not breach the Gender Recognition Act 2004 or Articles 8 or 14 of the ECHR. Successfully acted for the Registrar General and the Secretaries of State.

Representing Privacy International in challenge to UK intelligence services collection and use of bulk communications data of all UK telephone and internet users. Judgment pending in Grand Chamber of Court of Justice of the European Union.

Successfully represented Arts Council in resisting attempt by owner of Giotto painting to remove it from the UK and EU and prevent its return to Italy. Appeal pending in the Court of Appeal.

Challenge to previously secret policy of authorising MI5 agents to commit serious criminal offences in the UK. Representing Privacy International, Reprieve and others. Pending in Investigatory Powers Tribunal.

Challenge to bulk surveillance relying on Edward Snowden documents seeking new safeguards. Acting for coalition of Human Rights organisations in the Grand Chamber of the European Court of Human Rights. Judgment pending.

Successfully acted for QFC Regulatory Authority in application to commit major UAE bank for contempt for non-compliance with Court orders, and successful applications for cross-jurisdictional disclosure in investigations of allegations of currency manipulation during Qatar-UAE blockade.

Acting for Mayor of London in Court of Appeal challenge to authorisation of a Heathrow Third Runway. 

Successfully challenged ‘ouster’ clause in Supreme Court preventing judicial review of decisions of the Investigatory Powers Tribunal.

Challenge to refusal of government to allow the Chagossian people to return to British Indian Ocean Territory. Pending in the Court of Appeal.

Leading transgender rights case. Should a transgender man (female to male) who gives birth to a child be recorded as ‘father’ or ‘mother’ on the child’s birth certificate? Successfully acted for Secretaries of State before President of the Family Division arguing that a trans man was a ‘mother’.

Successfully represented 6 High Court and Court of Appeal judges in Equality Act 2010 age and race discrimination challenge to reduction in judicial pensions (Court of Appeal).

Successfully acted for ClientEarth in challenge to the UK’s failure to meet air quality standards in London and other major urban areas. At present, it is estimated that over 20,000 early deaths each year are caused by the UK’s failure to meet EU air quality standards. The Court ordered a full reconsideration of the air quality plans for the entire country. The Government has accepted the decision and new clean air zones will be introduced across the UK.

Successfully acted for PRP in challenge to recognition of IMPRESS under the Leveson Royal Charter Scheme for press regulation.

Successfully acted for PLP in Supreme Court challenge to the residence test for judicial review.

Representing Charity Commission in litigation concerning the use of a charity to facilitate £176m tax avoidance scheme.

Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays.

Successfully acted for ClientEarth in EU law challenge to the UK’s failure to meet air quality standards in London and other major urban areas.

Acting for David Davis MP and Tom Watson MP in Court of Justice of the European Union in challenge to the requirements of the Data Retention and Investigatory Powers Act 2014.

Acting for Afghan interpreters who worked for British forces in challenge to resettlement scheme. Court of Appeal.

Acted in Investigatory Powers Tribunal for Privacy International in case concerning the legality of arrangements for computer hacking by GCHQ.

Acted for Parliamentarians in challenge to Security Services’ arrangements for protection of MPs communications under the ‘Wilson doctrine’.

Successfully acted for SSHD in Supreme Court challenge about stop and search under s. 60 CJPOA 1994. Judgment pending.

Acting for Secretary of State in judicial review claim about whether Sport England acted lawfully in declining to recognise bridge as a sport.

Acting in several Supreme Court appeals arising out of UK detention operations in Afghanistan and Iraq, and ‘extraordinary rendition’ operations.

Successfully acted for Libyan families in claim in the Investigatory Powers Tribunal about the protection of legal professional privilege when individuals may be under surveillance. First claim where a complaint to the IPT against the Security and Intelligence Services has ever been upheld.

Successfully acted for Libyan family in Court of Appeal in claims about UK involvement in rendition and torture. Judgment pending in Supreme Court.

Successfully obtained a reference to the CJEU in case about mass collection of ‘bulk personal datasets’ and ‘bulk communications data’. The IPT decided that the Security and Intelligence Services had been unlawfully collecting and holding data on the UK population for over 10 years and the issue of future collection has been referred to Luxembourg. This will be one of the last UK references before Brexit.

Successfully acted for the Registrar General defending claim by male to female transsexual who wished to change her name and gender as recorded on her childrens’ birth certificates.

Successfully acted for Guardian journalist in freedom of information case about Prince Charles’ letters to Ministers (Supreme Court).

Acting for PLP in challenge to the residence test for legal aid.

Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.

Successfully acted for Secretary of State in Court of Appeal challenge by Pressbof to Royal Charter press recognition body.

Acting for the Home Secretary in actions brought by large numbers of prisoners concerning prison sanitation.

A successful claim for habeas corpus for a detainee in Bagram, Afghanistan.

Acting for a marriage registrar who refused to conduct civil partnerships on grounds of religious belief.

The High Court in Northern Ireland held that the Northern Irish school curriculum for religious education is in breach of the ECHR rights of a child and her father. The Court held that the curriculum is not sufficiently objective, critical and pluralistic. Ben acted for the Claimant.

Acting for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition.

The Court of Appeal has upheld the Administrative Court’s decision that a trans man who gave birth to a child must be registered as the child’s mother. The Court held that this did not breach the Gender Recognition Act 2004 or Articles 8 or 14 of the ECHR. Successfully acted for the Registrar General and the Secretaries of State.

Representing Privacy International in challenge to UK intelligence services collection and use of bulk communications data of all UK telephone and internet users. Judgment pending in Grand Chamber of Court of Justice of the European Union.

Challenge to previously secret policy of authorising MI5 agents to commit serious criminal offences in the UK. Representing Privacy International, Reprieve and others. Pending in Investigatory Powers Tribunal.

Challenge to bulk surveillance relying on Edward Snowden documents seeking new safeguards. Acting for coalition of Human Rights organisations in the Grand Chamber of the European Court of Human Rights. Judgment pending.

Successfully challenged ‘ouster’ clause in Supreme Court preventing judicial review of decisions of the Investigatory Powers Tribunal.

Challenge to refusal of government to allow the Chagossian people to return to British Indian Ocean Territory. Pending in the Court of Appeal.

Leading transgender rights case. Should a transgender man (female to male) who gives birth to a child be recorded as ‘father’ or ‘mother’ on the child’s birth certificate? Successfully acted for Secretaries of State before President of the Family Division arguing that a trans man was a ‘mother’.

Acting for Libyan family subject to ‘extraordinary rendition’ from the Far East to Gaddafi’s Libya. Claim against HM Government, Jack Straw MP and MI6 senior official. Succeeded in Supreme Court.

Successfully represented 6 High Court and Court of Appeal judges in Equality Act 2010 age and race discrimination challenge to reduction in judicial pensions (Court of Appeal).

Successfully acted for ClientEarth in challenge to the UK’s failure to meet air quality standards in London and other major urban areas. At present, it is estimated that over 20,000 early deaths each year are caused by the UK’s failure to meet EU air quality standards. The Court ordered a full reconsideration of the air quality plans for the entire country. The Government has accepted the decision and new clean air zones will be introduced across the UK.

Successfully acted for PRP in challenge to recognition of IMPRESS under the Leveson Royal Charter Scheme for press regulation.

Acted for Afghan detainee in Supreme Court case about the legality of British armed forces detention operations abroad. Successful in Supreme Court.

Successfully acted for PLP in Supreme Court challenge to the residence test for judicial review.

Representing Charity Commission in litigation concerning the use of a charity to facilitate £176m tax avoidance scheme.

Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays.

Successfully acted for ClientEarth in EU law challenge to the UK’s failure to meet air quality standards in London and other major urban areas.

Acting for David Davis MP and Tom Watson MP in Court of Justice of the European Union in challenge to the requirements of the Data Retention and Investigatory Powers Act 2014.

Acting for Afghan interpreters who worked for British forces in challenge to resettlement scheme. Court of Appeal.

Acted in Investigatory Powers Tribunal for Privacy International in case concerning the legality of arrangements for computer hacking by GCHQ.

Acted for Parliamentarians in challenge to Security Services’ arrangements for protection of MPs communications under the ‘Wilson doctrine’.

Successfully acted for SSHD in Supreme Court challenge about stop and search under s. 60 CJPOA 1994. Judgment pending.

Acting for Secretary of State in judicial review claim about whether Sport England acted lawfully in declining to recognise bridge as a sport.

Acting in several Supreme Court appeals arising out of UK detention operations in Afghanistan and Iraq, and ‘extraordinary rendition’ operations.

Successfully acted for Libyan families in claim in the Investigatory Powers Tribunal about the protection of legal professional privilege when individuals may be under surveillance. First claim where a complaint to the IPT against the Security and Intelligence Services has ever been upheld.

Successfully acted for Libyan family in Court of Appeal in claims about UK involvement in rendition and torture. Judgment pending in Supreme Court.

Successfully obtained a reference to the CJEU in case about mass collection of ‘bulk personal datasets’ and ‘bulk communications data’. The IPT decided that the Security and Intelligence Services had been unlawfully collecting and holding data on the UK population for over 10 years and the issue of future collection has been referred to Luxembourg. This will be one of the last UK references before Brexit.

Successfully acted for the Registrar General defending claim by male to female transsexual who wished to change her name and gender as recorded on her childrens’ birth certificates.

Successfully acted for Guardian journalist in freedom of information case about Prince Charles’ letters to Ministers (Supreme Court).

Acting for PLP in challenge to the residence test for legal aid.

Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.

Successfully acted for Secretary of State in Court of Appeal challenge by Pressbof to Royal Charter press recognition body.

Acting for the Home Secretary in actions brought by large numbers of prisoners concerning prison sanitation.

A successful claim for habeas corpus for a detainee in Bagram, Afghanistan.

Acting for a marriage registrar who refused to conduct civil partnerships on grounds of religious belief.

Successfully acted for QFC Regulatory Authority in application to commit major UAE bank for contempt for non-compliance with Court orders, and successful applications for cross-jurisdictional disclosure in investigations of allegations of currency manipulation during Qatar-UAE blockade.

Acting for State of Ukraine defending a $3 billion claim brought by Russia for non-repayment of Eurobonds. Successful in Court of Appeal. Pending in Supreme Court. Cases raises issues of foreign act of state and justiciability of the threats made against Ukraine by Russia.

Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays.

Disciplinary proceedings before FRC Tribunal concerning collapse of large UK company.

Successfully acted for D&T before FRC Appeals Panel and in claim for judicial review in disciplinary proceedings arising out of the takeover of MG Rover by the Phoenix Four.

Acted for QFC Regulatory Authority in appeal by regulated person to QFC Tribunal.

Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.

Judicial review against FSA for failure to give proper reasons in a decision notice.

Acted for Respondent in appeal by FCA to the Court of Appeal in prohibition order and market abuse case.

Successfully acted for the Qatar Financial Centre Regulatory Authority (“QFCRA”) in the first challenge before the QFC Regulatory Tribunal by individuals to a decision notice of the QFCRA. The appeals concerned the collapse of Al Mal Bank LLC.