Andrew Deakin

Year of call:
2006
Email:
andrew.deakin@39essex.com

Clerks:
+44 (0)20 7832 1111

Andrew Deakin is a public lawyer. His practice focusses on human rights, national security, prisons, and mental health. He has experience of acting in politically sensitive public inquiries and inquests raising human rights issues. Andrew is regularly instructed to advise on matters of data protection and freedom of information.

Andrew was appointed to the Attorney General’s B Panel in 2014. He acts for both claimants and public authorities.

Administrative & Public


Public Law & Human Rights

Andrew has particular experience of human rights, terrorism, immigration, prisons, and mental health law. He is currently instructed by the Secretary of State in a number of TPIM reviews.

Recent cases include:

Amirteymour v Secretary of State for the Home Department [2017] EWCA Civ 353 – concerning the jurisdiction of the Upper Tribunal to consider an appeal on Art.8 ECHR grounds in the context of an appeal under the Immigration (EEA) Regulations 2006.

Secretary of State for the Home Department v EB [2016] 1970 (Admin) – Acted for the Secretary of State in a EB’s section 9 review of and section 16 appeal against his TPIM. (Led by Lisa Giovannetti QC).

Guntrip v Parole Board (1) and Secretary of State for Justice (2) [2015] A.C.D. 67 – Acted for the Secretary of State defending Art. 5 challenge on grounds of delay.    

R (Mormoroc) v Ministry of Justice [2014] EWHC 4024 (Admin) – Claim by EU citizen alleging discrimination following refusal of Home Detention Curfew.   ECHR and EU law in issue. (Awaiting Court of Appeal hearing date).

K2 v Secretary of State for the Home Department (SC/96/2010) – Appeal against deprivation of citizenship.  (Led by Tim Eicke QC).

Jeyarupan v Secretary of State for the Home Department [2014] EWHC 386 (Admin) – Amenability of Article 3(2) of the Dublin Regulation (343/2003) to judicial review.

Navaratnam v Secretary of State for the Home Department [2013] EWHC 2383 (QB) – Challenge on grounds of abuse of power to the Secretary of State’s delay and then refusal of leave following Claimant’s successful appeal to the European Court of Human Rights and challenge on Legacy grounds.

R (Massey) v Secretary of State for Justice [2013] EWHC 1950 (Admin) (Divisional Court) – Challenge on article 14 ECHR grounds to the lawfulness of Indeterminate Sentences for the Purposes of Public Protection following the implementation of LASPO 2012.

Serrano v Secretary of State for the Home Department & Secretary of State for Justice [2012] EWHC 3216 – Challenge to the legality of the Home Detention Curfew scheme on ECHR, EU, and Equality Act grounds.

R (on the application of AS (Lebanon)) v (1) Secretary of State for the Home Department (2) Secretary of State for Justice & Brent PCT (Interested Parties) [2012] EWHC 1349 (Admin) – Claim for unlawful detention on the basis that the Secretary of State had failed to have due regard to her policy on detention of the mentally ill.

R (on the application of Ali Polat) v Secretary of State for the Home Department [2011] EWHC 3445 (Admin) – Challenge to a decision that Art 1F(b) Geneva Convention 1951 excluded leave under the one-off child concession.

Public Inquiries & Inquests


Andrew appears regularly in sensitive inquiries and inquests. He was recently instructed by several government departments in the Hart Inquiry into institutional abuse in Northern Ireland and acted for over 200 military witnesses in the Al Sweady Inquiry.

Recent inquests & inquiries include:

Historical Institutional Abuse Inquiry (2016) – Acted for MI5, SIS, the Ministry of Defence and the Northern Ireland Office in a major public inquiry into the role of the security services in systematic child abuse at Kincora Boys’ Home.

Re E (Inquest) (2016) – Art. 2 inquest into the suicide of a recently released psychiatric patient.

Re C (Inquest) (2016) – Art. 2 inquest into death of prisoner in custody. (Inquest challenged on grounds of breach of natural justice.)

CM (a child) (Inquest) (2015) – Inquest into death of a child in care (complex medical history).

Lava & Ignite (2015) – Inquest into multiple deaths following crush injuries at the Lava & Ignite nightclub.

Al Sweady Public Inquiry (2013-2014) – Acted for military witnesses in a major public inquiry into allegations of murder, mutilation, and mistreatment of Iraqi nationals by British forces in Iraq. (Led by Neil Garnham QC).

FJ (a child) (Inquest) (2013) – Inquest into the death of a child at school (requiring applications for extended reporting restrictions to limit press exposure of child witnesses).

Regulatory & Disciplinary


Data Protection & Regulation

Andrew regularly advises central government departments, local authorities, companies and individuals on their rights to access and obligations to provide information. Andrew’s most recent advices include:

  • Advice to a major healthcare provider on the lawfulness of its decision to limit disclosure of medical records under the Access to Health Records Act 1990
  • Advice on the inter-relation of sections 1 and 12(2) FOIA 2000.
  • Advice whether a conversation covertly recorded in a commercial dispute could be legally relied on (DPA 1998 and RIPA 2000 considered).
  • Advice on the criminal investigation and national security exemptions under ss.30 and 24 FOIA 2000.

In addition to his data protection work Andrew has a broad regulatory practice. Recent cases include:

  • Acting for the Judicial Appointments and Conduct Ombudsman (Vlad v Judicial Appointments and Conduct Ombudsman [2015] EWHC 3790 (Admin))
  • Advising several regulatory bodies on the lawfulness of their proposed funding arrangements.

Environment, Planning & Property


Andrew practices in Chambers’ core area of planning and environmental law. He focusses on section 288/289 challenges and judicial review. Andrew acts for the Secretary of State/local authorities as well as developers.

Recent Cases include:

Venn v Secretary of State for Communities and Local Government [2015] 1 WLR 2328 – Appeal against the grant of a PCO in the context of s.288 challenge.  Scope of CPR r.45 and the requirement of the Aarhus Convention considered. (Led by James Eadie QC)

Venn v Secretary of State for Communities and Local Government [2014] J.P.L. 447 – Application for a PCO in the context of s.288 challenge.  Scope of CPR r.45 and the requirement of the Aarhus Convention considered.

St Edmundsbury BC and Suffolk CC v Reynolds [2013] EWHC 737 (QB) – Appeal against s.187B injunction on art. 8 ECHR grounds. Planning (Listed Buildings & Conservation Areas) Act 1990 in issue.

R (Save Britain’s Heritage) v Secretary of State for Communities and Local Government [2011] EWCA Civ 334) – Challenge to the Demolition Direction on the basis of incompatibility with the Environmental Impact Assessment Directive. (Led by Richard Harwood QC).

Call +44 (0)20 7832 1111 for more information

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