Rachel Jones

Acting for the Claimants in an appeal brought by the Home Secretary. The case concerned the unintentional separation of vulnerable asylum-seeking children from their parents during an attempted crossing of the Channel.

Representing the Claimant in his urgent challenge to his unlawful detention and to the Defendant’s ‘public order disqualification’ decision, stripping him of the support given to victims of modern slavery. The claim settled before an urgent hearing.

Representing two individuals, ‘SM’ and ‘SY’, in the lead challenge to the Safety of Rwanda Policy, which sought to establish the correct interpretation of the Safety of Rwanda Act 2024 (and alternatively, sought a declaration that parts of the Rwanda Act was incompatible with human rights). These urgent claims were settled in the claimants’ favour following the General Election of 4 July 2024. The Home Secretary agreed that the individual claimants would not be removed to Rwanda, their asylum claims would be considered in the UK, and to pay their costs. See here. Instructed by PLP (for SM) and Asylum Aid (for SY). Led by Charlotte Kilroy KC. News coverage of this case is available here and here. The unofficial transcript of the ruling in the interim relief application for SM is available here.

Representing the Claimant charity in its challenge to the Safety of Rwanda Policy, arguing that the Policy promulgates a fundamental misinterpretation of the Safety of Rwanda Act 2024. The Home Office accepted, at pre-action stage, that parts of the Policy needed to be withdrawn: see here. The claim was stayed pending resolution of urgent individual challenges which adopted the charity’s challenge to the Policy: see here. Following the General Election of 4 July 2024, the Charity’s claim was further stayed pending the new Government’s review of the Policy: see here. Led by Charlotte Kilroy KC. News coverage of the case is available here, here and here.

Acting in an urgent challenge (in one of the three claims) to the Home Secretary’s refusal to make decisions on a family reunion application, in respect of family members trapped in Gaza who were unable to provide biometric data alongside their application, due to the conflict there. The Upper Tribunal found the refusal to be unlawful. Led by Charlotte Kilroy KC. BBC news coverage here

Instructed to defend a regulator in proposed judicial review proceedings of a decision taken under a regulated entity’s licence.

Advising a regulator about a proposed decision and potential public law challenges.

Acting for the Gas and Electricity Markets Authority (with Ben Jaffey KC and Natasha Simonsen), responding to an appeal before the Competition and Markets Authority against the introduction of a common minimum capital target for energy suppliers. More details here - https://www.gov.uk/cma-cases/financial-resilience-appeal-2023#response-to-the-notice-of-appeal

Advising a University on possible mitigations to help students affected by the Marketing & Assessment Boycott, including advising on interpretation of the University’s internal governing rules (with Thomas de la Mare KC).

Representing the OGA in a judicial review claim challenging its new Strategy, concerning UK offshore oil and gas production and the Government’s ‘net zero’ target. The OGA successfully resisted the claim that it had misinterpreted the statutory objective and acted irrationally. 

Appeared in the Supreme Court, instructed by Human Rights Watch as Intervener (in support of the Appellant) in a case challenging the legality of the UK Government's policy of refusing to issue non-gender-specific "X" passports to UK nationals. Led by Monica Carss-Frisk QC.

Rachel acted for a family (victims of domestic abuse) in an urgent judicial review of a refusal by the Passport Office to grant three of the children their British passports. The case raised issues of sex discrimination, human rights and private international law. It is the first case in this jurisdiction to consider the applicable law provisions of the 1996 Hague Convention on Parental Responsibility and the ‘manifestly contrary to public policy’ exception in particular.

Rachel acted for the family unled in the two-day hearing before the Administrative Court, and as part of a team successfully defending the Passport Office’s appeal in the Court of Appeal (led by Sam Grodzinski QC).

Rachel was instructed as an independent legal adviser to the Panel for the Independent Human Rights Act Review, chaired by Sir Peter Gross (a former Court of Appeal judge). The Panel delivered its report to the Lord Chancellor at the end of October 2021. Further information on the Panel can be found here.

Acting for the Gas and Electricity Markets Authority (with Daniel Cashman, Tom Coates and others), responding to multiple appeals against GEMA’s “RIIO-2” energy price control decisions.

Representing an intervener and whistle-blower, Dr David Bell, in written submissions to the Court of Appeal. This appeal concerns the treatment of children with gender dysphoria with puberty blocking drugs.  Led by Tristan Jones

Representing the Appellant in her appeal to the SSCS Tribunal against DWP’s denial of bereavement payment on the basis that she was not validly married to her spouse at the time of his death. DWP reviewed and overturned their decision after receiving the Appellant’s legal submissions.

Represented the successful Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings wasreplaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance. Led by Naina Patel and Charlotte Kilroy QC.

Rachel was instructed in applications to the European Courts of Human Rights in respect of a Turkish political dissident and prisoner Ilhan Isbilen, formerly a Member of the Turkish Assembly. Led by Lord Garnier QC, who has written about the case in The Times, here.

Judicial review regarding the test to be applied by the ASA when deciding whether an advertisement is misleading.  The advertisements in question concern fibre broadband. (Assisting Dinah Rose QC and Tristan Jones).

Acting for an individual refused civil legal aid in a judicial review of a decision that the individual’s proposed claim would not produce a “benefit” for them within the meaning of LASPO 2012 (assisting Tom Hickman QC).

Acting for an individual refused civil legal aid in a judicial review of a decision concerning the automatic application of the disposable income threshold, resulting in a settlement (assisting Tom Hickman QC).

Assisting Fraser Campbell

Advice (2018) (assisting Tom Hickman QC)

(assisting Tom Hickman QC) 

Acting for the Claimants in an appeal brought by the Home Secretary. The case concerned the unintentional separation of vulnerable asylum-seeking children from their parents during an attempted crossing of the Channel.

Representing the Claimant in his urgent challenge to his unlawful detention and to the Defendant’s ‘public order disqualification’ decision, stripping him of the support given to victims of modern slavery. The claim settled before an urgent hearing.

Representing two individuals, ‘SM’ and ‘SY’, in the lead challenge to the Safety of Rwanda Policy, which sought to establish the correct interpretation of the Safety of Rwanda Act 2024 (and alternatively, sought a declaration that parts of the Rwanda Act was incompatible with human rights). These urgent claims were settled in the claimants’ favour following the General Election of 4 July 2024. The Home Secretary agreed that the individual claimants would not be removed to Rwanda, their asylum claims would be considered in the UK, and to pay their costs. See here. Instructed by PLP (for SM) and Asylum Aid (for SY). Led by Charlotte Kilroy KC. News coverage of this case is available here and here. The unofficial transcript of the ruling in the interim relief application for SM is available here.

Representing the Claimant charity in its challenge to the Safety of Rwanda Policy, arguing that the Policy promulgates a fundamental misinterpretation of the Safety of Rwanda Act 2024. The Home Office accepted, at pre-action stage, that parts of the Policy needed to be withdrawn: see here. The claim was stayed pending resolution of urgent individual challenges which adopted the charity’s challenge to the Policy: see here. Following the General Election of 4 July 2024, the Charity’s claim was further stayed pending the new Government’s review of the Policy: see here. Led by Charlotte Kilroy KC. News coverage of the case is available here, here and here.

Acting in an urgent challenge (in one of the three claims) to the Home Secretary’s refusal to make decisions on a family reunion application, in respect of family members trapped in Gaza who were unable to provide biometric data alongside their application, due to the conflict there. The Upper Tribunal found the refusal to be unlawful. Led by Charlotte Kilroy KC. BBC news coverage here

Advising a University on possible mitigations to help students affected by the Marketing & Assessment Boycott, including advising on interpretation of the University’s internal governing rules (with Thomas de la Mare KC).

Appeared in the Supreme Court, instructed by Human Rights Watch as Intervener (in support of the Appellant) in a case challenging the legality of the UK Government's policy of refusing to issue non-gender-specific "X" passports to UK nationals. Led by Monica Carss-Frisk QC.

Rachel acted for a family (victims of domestic abuse) in an urgent judicial review of a refusal by the Passport Office to grant three of the children their British passports. The case raised issues of sex discrimination, human rights and private international law. It is the first case in this jurisdiction to consider the applicable law provisions of the 1996 Hague Convention on Parental Responsibility and the ‘manifestly contrary to public policy’ exception in particular.

Rachel acted for the family unled in the two-day hearing before the Administrative Court, and as part of a team successfully defending the Passport Office’s appeal in the Court of Appeal (led by Sam Grodzinski QC).

Rachel was instructed as an independent legal adviser to the Panel for the Independent Human Rights Act Review, chaired by Sir Peter Gross (a former Court of Appeal judge). The Panel delivered its report to the Lord Chancellor at the end of October 2021. Further information on the Panel can be found here.

Representing an intervener and whistle-blower, Dr David Bell, in written submissions to the Court of Appeal. This appeal concerns the treatment of children with gender dysphoria with puberty blocking drugs.  Led by Tristan Jones

Representing the Appellant in her appeal to the SSCS Tribunal against DWP’s denial of bereavement payment on the basis that she was not validly married to her spouse at the time of his death. DWP reviewed and overturned their decision after receiving the Appellant’s legal submissions.

Represented the successful Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings wasreplaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance. Led by Naina Patel and Charlotte Kilroy QC.

Successfully represented the Claimant employee in a hearing to determine the issue of State immunity and the compatibility of State immunity with human rights. The judgment is available here.

Rachel was instructed in applications to the European Courts of Human Rights in respect of a Turkish political dissident and prisoner Ilhan Isbilen, formerly a Member of the Turkish Assembly. Led by Lord Garnier QC, who has written about the case in The Times, here.

False imprisonment claim against the Home Office for detention of a trafficking victim, resulting in a settlement (assisting Tom Hickman QC).

Acting for an individual refused civil legal aid in a judicial review of a decision that the individual’s proposed claim would not produce a “benefit” for them within the meaning of LASPO 2012 (assisting Tom Hickman QC).

Acting for an individual refused civil legal aid in a judicial review of a decision concerning the automatic application of the disposable income threshold, resulting in a settlement (assisting Tom Hickman QC).

Assisting Fraser Campbell

Advice (2018) (assisting Tom Hickman QC)

(assisting Tom Hickman QC) 

Advice on merits of a case brought against a regulated individual.

Representing an individual accused of contravening The FA’s Safeguarding Children Regulations. Written submissions. 

Representing an individual accused of contravening The FA’s Safeguarding Children Regulations at a one-day hearing before a Safeguarding Panel. Oral and written submissions. 

Successfully represented the same individual in defending The FA’s appeal against the Panel’s decision to an Appeal Board. 

Representing a student in their complaint as to the fairness of a University’s disciplinary process, involving allegations of sexual misconduct. Led by Tom Richards. 

Advising on a disciplinary investigation involving safeguarding issues. 

Representing a football club at their County FA disciplinary hearing. 

Advising an employee teacher as to the interaction between payment in lieu of notice and the effective date of termination. 

Advising an employee teacher as to the interaction between payment in lieu of notice and the effective date of termination. 

Advising, pro bono, an employee whose employer refused to furlough them under the Coronavirus Job Retention Scheme.

Acting for one of several respondents to a claim involving alleged whistle-blowing and discrimination.

Successfully represented the Claimant employee in a hearing to determine the issue of State immunity and the compatibility of State immunity with human rights. The judgment is available here.

Representing the Claimant employee, achieving settlement of a complex claim of long-running sex harassment and sex discrimination.

Acting for the claimant employee. Succeeded in a preliminary hearing on the issue of disability. The judgment can be found here.

Acting for the respondent employer. Succeeded in having the claim dismissed after a preliminary hearing on the issue of disability. The judgment can be found here.

Test litigation regarding the employment status of drivers who use the Uber app.  Permission to appeal to the Supreme Court was granted by the Court of Appeal in December 2018.  (Assisting Dinah Rose QC and Fraser Campbell).

$100m claim against various companies in the AIG group by multiple former banker employees.  A trial on causation and loss in relation to the claim against AIGFP is listed for 2020.  (Assisting Andrew Hunter QC and Peter Head). 

EAT case raising issues of disability discrimination and victimisation (assisting Tristan Jones).

Two appeals before the Employment Appeal Tribunal concerning victimisation discrimination and the Police Conduct Regulations (assisting Tristan Jones). 

Advice on novel international human rights law issue.

Successfully represented the Claimant employee in a hearing to determine the issue of State immunity and the compatibility of State immunity with human rights. The judgment is available here.

on the international law of armed conflict for the Oxford Research Group’s “Remote Warfare” project, 2018 (assisting Tristan Jones) 

Rachel was instructed in applications to the European Courts of Human Rights in respect of a Turkish political dissident and prisoner Ilhan Isbilen, formerly a Member of the Turkish Assembly. Led by Lord Garnier QC, who has written about the case in The Times, here.

Representing regulator in proposed environmental judicial review.

Representing the OGA in a judicial review claim challenging its new Strategy, concerning UK offshore oil and gas production and the Government’s ‘net zero’ target. The OGA successfully resisted the claim that it had misinterpreted the statutory objective and acted irrationally. 

Pro bono assistance to ClientEarth, drafting a high-level review of changes and challenges to UK environmental law post-Brexit (with DLA Piper UK LLP).  The report is available here. 

Representing an individual accused of contravening The FA’s Safeguarding Children Regulations. Written submissions. 

Representing an individual accused of contravening The FA’s Safeguarding Children Regulations at a one-day hearing before a Safeguarding Panel. Oral and written submissions. 

Successfully represented the same individual in defending The FA’s appeal against the Panel’s decision to an Appeal Board. 

Advising on a disciplinary investigation involving safeguarding issues. 

Representing a football club at their County FA disciplinary hearing. 

Successfully representing the Defendant insurer in their application to set aside an Order for enforcement of an ombudsman’s award, on grounds that the underlying insurance claim was fraudulent. 

Representing Apple at a hearing about applications to stay or set aside patent claims, inter alia on grounds of abuse of a dominant position contrary to Article 102 TFEU. Led by Michael Bloch QC. 

$100m claim against various companies in the AIG group by multiple former banker employees.  A trial on causation and loss in relation to the claim against AIGFP is listed for 2020.  (Assisting Andrew Hunter QC and Peter Head). 

Test litigation regarding the employment status of drivers who use the Uber app.  Permission to appeal to the Supreme Court was granted by the Court of Appeal in December 2018.  (Assisting Dinah Rose QC and Fraser Campbell).

A dispute arising out of rights of first refusal under a share purchase agreement (assisting Peter Head).

$1bn dispute relating to share subscription agreements (assisting Michael Bloch QC and Peter Head).

£657 million claim under a personal guarantee (assisting Harish Salve SA, Robert Howe QC and Peter Head). 

(assisting Andrew Green QC and Fraser Campbell) 

(assisting Fraser Campbell)

acting for a respondent (assisting Fraser Campbell) 

Acting for the Gas and Electricity Markets Authority (with Ben Jaffey KC and Natasha Simonsen), responding to an appeal before the Competition and Markets Authority against the introduction of a common minimum capital target for energy suppliers. More details here - https://www.gov.uk/cma-cases/financial-resilience-appeal-2023#response-to-the-notice-of-appeal

Acting for the Gas and Electricity Markets Authority (with Daniel Cashman, Tom Coates and others), responding to multiple appeals against GEMA’s “RIIO-2” energy price control decisions.

Representing Apple at a hearing about applications to stay or set aside patent claims, inter alia on grounds of abuse of a dominant position contrary to Article 102 TFEU. Led by Michael Bloch QC. 

Competition Appeal Tribunal decision regarding whether an additional party in a cartel damages claim is entitled to sue the claimants for a negative declaration (assisting Tristan Jones).

A damages claim arising out of the EU-wide cartel in trucks (assisting Tristan Jones).