Ivan Hare was taken on as a tenant at Blackstone Chambers in October 2003. He specializes in Public Law and appears in a wide range of judicial review cases, statutory appeals against regulatory decisions, Human Rights Act claims, freedom of information applications, discrimination and employment proceedings.  His clients include all major departments of central government, local authorities, many statutory bodies, non-governmental organisations, corporate bodies, charities and individuals.  He appears frequently in the High Court and the Court of Appeal and in front of a range of Tribunals. He has also appeared in the House of Lords, the Supreme Court and the Privy Council.  He advises foreign governments on matters of constitutional law.

Before taking Silk, Ivan was on the Attorney General's Panel of Counsel.

His Public Law work builds on his expertise in comparative constitutional law.  He was a Fellow of Trinity College Cambridge from 1991 until 2003 and is one of the editors and authors of the leading practititoners’ text: De Smith’s Judicial Review (7th ed, 2013 and 3rd Supp, 2016) along with many other publications.

Experience

Shortlist

Public & Regulatory

Ivan has an in-depth knowledge of public law.  He appears frequently in the High Court and the Court of Appeal in proceedings under the Human Rights Act, the Equalities Act and the Freedom of Information Act.  He acts in cases involving prisons, immigration, health services, welfare, policing, asset-freezing, education and the media.  He also appears frequently in High Court challenges to regulatory proceedings on behalf of the General Medical Council, the Independent Police Complaints Commission and others.  He often advises on policy development and implementation. 

Cases

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Civil Liberties & Human Rights

Ivan appears frequently civil liberties cases in the High Court and the Court of Appeal in proceedings under the Human Rights Act, the Equalities Act and the Freedom of Information Act.  He acts in cases involving prisons, immigration, health services, welfare, policing, asset-freezing, education and the media.

Cases

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Professional Discipline

Ivan has appeared in many of the leading cases on the legal regulation of the medical profession.  He also acts for and advises a range of other regulators.

Cases

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Police

Ivan has acted and appeared in a number of major cases on behalf of the Independent Police Complaints Authority and individual police forces involving deaths in custody and major public order incidents.

Cases

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Employment

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

Ivan has advised on a range of employment matters, including breach of contract, bonus claims and share options and on issues arising under the Data Protection Act 1998. He has also acted as a co-ordinator for Employment Tribunal advocacy training organised by the Employment Lawyers Association. Ivan has acted for a number of appellants pro bono before the EAT under the Employment Law Appeal Advice Scheme.

Cases

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Achievements

Education

LLB (London) First Class; BCL (Oxford) First Class, LLM (Harvard), MA (Cambridge) 

Lord Justice Holker and Prince of Wales Scholar, Gray's Inn

Kennedy Scholar to the Harvard Law School

Publications

Books

  • De Smith’s Judicial Review (Sweet and Maxwell, 7th ed, 2013) (http://www.sweetandmaxwell.co.uk).  Ivan is one of the editors of this edition and the author of six chapters.  First (2014), Second (2015) and Third (2016) Supplements.
  • Extreme Speech and Democracy (Oxford University Press, 2009) (co-edited with J. Weinstein) (paperback edition, 2010) (http://ukcatalogue.oup.com/).
  • Constitutional Reform in the United Kingdom: Practice and Principles (Oxford: Hart Publishing, 1998, re-printed 1998 (twice), 1999 (twice), 2000) (co-edited with J. Beatson and C.F. Forsyth) (www.hartpub.co.uk).
  • The Golden Metwand and the Crooked Cord–Essays on Public Law in Honour of Sir William Wade (Oxford: Clarendon Press, 1998, re-printed 2001) (co-edited with C. F. Forsyth) (http://ukcatalogue.oup.com/).

Articles and Book Chapters

  • 'The theory and practice of blasphemy in the common law: Slaying the seven-head beast' in J. Temperman and A. Koltay (eds), Blasphemy and Freedom of Expression (Cambridge University Press, 2017 (forthcoming).
  • ‘The English Law of Blasphemy: The “Melancholy, Long, Withdrawing Roar” ‘ in P. Cliteur and T. Herrenberg (eds), The Fall and Rise of Blasphemy (Leiden University Press, 2016), 49-69.
  • ‘Free Speech and Incitement to Hatred on Grounds of Disability and Transgender Identity: the Law Commission’s Proposals’ [2015] Public Law 385-394.
  • ‘Race Discrimination’ (co-written) in Tolley’s Discrimination in Employment Handbook (LexisNexis Butterworths, 2nd ed, 2011), 273-303 (1st ed, 2008).
  • ‘Introduction’ (with P. Goulding QC) and ‘Contempt of Court’ in P. Goulding QC (ed), Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 2nd ed, 2010) 1-10 (1st ed, 2007).
  • ‘Convention Rights as Grounds for Judicial Review’, ‘CPR Part 54 Claims for Judicial Review’ and ‘Judicial Review Remedies’ in De Smith’s Judicial Review—First Supplement to the Sixth Edition (Sweet and Maxwell, 2010).
  • ‘Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine’ in I. Hare and J. Weinstein (eds), Extreme Speech and Democracy (OUP, 2009), 289-310.
  • ‘Extreme Speech under International and Regional Human Rights Standards’ in Hare and Weinstein (eds), Extreme Speech and Democracy, 62-80.
  • ‘Convention Rights as Grounds of Judicial Review’ in De Smith’s Judicial Review (Sweet and Maxwell, 6th ed, 2007), 651-700.
  • ‘Crosses, Crescents and Sacred Cows: Criminalising Incitement to Religious Hatred’ [2006] P.L. 520-537.
  • ‘Permission’ in B. Lang QC (ed), Administrative Court: Practice and Procedure (Sweet and Maxwell, 2006), 99-115.
  • ‘Method and Objectivity in Free Speech Adjudication: Lessons from America’ [2005] 54 International and Comparative Law Quarterly 49-87.
  • ‘The Judiciary’ in the U.N.E.S.C.O Encyclopedia of Life Support Systems 2004.
  • ‘Social Rights as Fundamental Rights’ in B. A. Hepple (ed), Social and Labour Rights in a Global Context: International and Comparative Perspectives (Cambridge University Press, 2002), 153-181.
  • ‘Verticality Challenged: Private Parties, Privacy and the Human Rights Act’ [2001] European Human Rights Law Review 508-522.
  • ‘Is the Privileged Position of Political Speech Justified?’ in J. Beatson and Y. Cripps (eds), Freedom of Expression and Freedom of Information–Essays in Honour of Sir David Williams QC (Oxford: Clarendon Press, 2000), 105-121.
  • ‘The Law of Standing in Public Interest Adjudication’ in M. Andenas and D. Fairgrieve (eds), Judicial Review in International Perspective: Liber Amicorum for Lord Slynn of Hadley Volume II (Kluwer Law International, 2000), 301-318.
  • ‘English Lessons in Comparative Public Law: Will the First Amendment have the Last Word?’ (2000) 10 Trinity Law Review/Special Edition on International Human Rights 29-61.
  • ‘Police Discretion and the Rule of Law: Economic Community Rights versus Civil Rights’ [2000] 63 Modern Law Review 581-595 (with C. S. Barnard).
  • ‘Access to Governmental Information and the Judicial Process: United Kingdom Law and the Influence of Europe’ in A. Dashwood and A. Ward (eds) [1999] Cambridge Yearbook of European Legal Studies 329-354.
  • ‘The Separation of Powers and Judicial Review for Error of Law’ in Forsyth and Hare (eds), The Golden Metwand and the Crooked Cord–Essays on Public Law in Honour of Sir William Wade (Oxford: Clarendon Press, 1998), 113-140.
  • ‘The Constitution and the Justification of Judicial Power’ in J. Beatson and T. Tridimas (eds), New Directions in European Public Law (Oxford: Hart Publishing, 1998), 125-135.
  • ‘Legislating Against Hate: the Legal Response to Bias Crimes’ [1997] 17 Oxford Journal of Legal Studies 415-440.
  • ‘The Right to Protest and the Right to Export: Police Discretion and the Free Movement of Goods’ [1997] 60 M.L.R. 394-411 (with C. S. Barnard).
  • ‘The Law Commission and Judicial Review: Principle Versus Pragmatism’ [1995] 54 Cambridge Law Journal 268-279.
  • Savage & Parmenter: A Compelling Case For The Code’ [1993] 56 M.L.R. 74-83.

Commentaries and Review Articles

  • ‘Insulting Politicians on the Radio?’ (2012) 4 Journal of Media Law 29-34.
  • ‘The harm of hate speech legislation’ (2012) Eurozine (http://www.eurozine.com/articles/2012-04-24-hare-en.html).
  • ‘Free Speech and Democracy’ [2009] Entertainment Law Review 287-90 (with J. Weinstein).
  • ‘Hate Speech’ in P. Cane and J. Conaghan, The New Oxford Companion to Law (OUP, 2008).
  • ‘Inflammatory Speech: Cross-Burning and the First Amendment’ [2003] P.L. 408-414.
  • ‘The South African AIDS Pandemic and the Constitutional Right to Healthcare’ [2002] E.H.R.L.R. 66-72.
  • Review of H. Delany: Judicial Review of Administrative Action–A Comparative Analysis (2002) Dublin University Law Journal 226-230.
  • Review of I. Loveland (ed): Importing the First Amendment–Freedom of Speech and Expression in Britain, Europe and the USA (2000) 11 Public Law Review 312-316.
  • ‘Gender Discrimination and Grooming Codes in the Labour (super)Market’ [1995] 1 International Journal of Discrimination and the Law 179-185.
  • ‘Pregnancy and Sex Discrimination’ (1991) Industrial Law Journal 124-130.

Case Notes

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

Book Reviews

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

Memberships

  • Administrative and Constitutional Law Bar Association
  • Human Rights Lawyers Association
  • Employment Lawyers Association
  • Association of Regulatory and Disciplinary Lawyers
  • Society of Legal Scholars

Selected earlier reported cases

Public & Regulatory 

  • R (Burke) v Independent Police Complaints Commission [2011] EWCA Civ 1665
  • R (Cockburn) v Secretary of State for Health [2011] EWHC 2095 (Admin); [2011] Eq LR 1139; [2011] Pens LR 367; [2011] ACD 122
  • Hashman v Milton Park (Dorset) Ltd (ET/3105555/09, 26 October 2011)
  • Child Migrant Policy (2010)
  • South Downs National Park, 31 March 2009
  • R (Eisai Ltd) v National Institute for Health and Clinical Excellence [2008] EWCA Civ 438; (2008) 11 CCL Rep 385; [2008] LS Law Medical 333; (2008) 101 BMLR 26
  • YL v Birmingham City Council & Ors [2007] UKHL 27; [2008] 1 AC 95; [2007] 3 WLR 112; [2007] 3 All ER 957
  • Price v Leeds City Council [2006] UKHL 10; [2006] 2 AC 465; [2006] 4 All ER 128; (2006) 20 BHRC 33
  • Mohit v Director Public Prosecutions of Mauritius [2006] UKPC 20; [2006] 1 WLR 3343

Civil Liberties & Human Rights

  • Hashman v Milton Park (Dorset) Ltd (ET/3105555/09, 26 October 2011)
  • Ponsonby v Secretary of State for Work and Pensions (Upper Tribunal, CP/2234/2007) (2009)
  • Pay v United Kingdom (2009) 48 EHRR SE2; [2009] IRLR 139
  • Saadi v United Kingdom (2008) 47 EHRR 17
  • YL v Birmingham City Council & Ors [2007] UKHL 27; [2008] 1 AC 95; [2007] 3 WLR 112; [2007] 3 All ER 957
  • Price v Leeds City Council [2006] UKHL 10; [2006] 2 AC 465; [2006] 4 All ER 128; (2006) 20 BHRC 33

Police Law

  • R (Burke) v Independent Police Complaints Commission [2011] EWCA Civ 1665 
  • R (Armstrong) v Independent Police Complaints Commission (19 May 2011) 
  • R (Goodenough) v Independent Police Complaints Commission [2009] EWHC 3706 (Admin)

Professional Discipline

  • R (Burke) v Independent Police Complaints Commission [2011] EWCA Civ 1665 
  • R (Armstrong) v Independent Police Complaints Commission (19 May 2011)
  • R (Goodenough) v Independent Police Complaints Commission [2009] EWHC 3706 (Admin)
  • Zygmunt v General Medical Council [2008] EWHC 2643 (Admin); [2009] LS Medical Law 219
  • General Medical Council v Fatnani and Raschid [2007] EWCA Civ 46; [2007] 1 WLR 1460; [2007] ICR 811

Employment

  • Hashman v Milton Park (Dorset) Ltd (ET/3105555/09, 26 October 2011)
  • Grainger Plc v Nicholson [2010] ICR 360; [2010] 2 All ER 253; [2010] IRLR 4
  • NTL Group Ltd v Difolco [2006] EWCA Civ 1508; (2006) 150 Sol Jo LB 1393
  • Hinton v University of East London [2005] EWCA Civ 532; [2005] ICR 1260; [2005] IRLR 552

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