Rory Dunlop

Year of call:
2002
Email:
rory.dunlop@39essex.com

Clerks:
+44 (0)20 7832 1111

‘A charming and persuasive advocate.”
Legal 500

Rory is recommended by Legal 500 and Chambers & Partners in numerous practice areas, including administrative and public law, professional discipline and regulatory law, IT and telecoms (including data protection), immigration and education.

He is a member of the Attorney General’s A Panel and the GMC’s panel of counsel and frequently appears in the High Court and Court of Appeal, as well as in First-tier and Upper Tier tribunal cases and disciplinary tribunal hearings.

Administrative & Public


“A charming and persuasive advocate” (Legal 500, 2016)

“An extremely effective and tenacious claimant lawyer whose government experience really gives him an edge.” (Legal 500)

Rory is recommended for administrative and public law by Legal 500. He has a wide range of experience in administrative & public law generally across several fields, not just immigration and regulatory law but also prison law, healthcare, mental health and community care. He acts for individuals, Government departments and other public authorities, including local authorities and Primary Care Trusts.

Professional Discipline


Rory is recommended for professional discipline and regulatory law by Legal 500. He is on the GMC’s panel and has frequently represented and advised both regulators and registrants. He has appeared for the Secretary of State for Education (and, before it was abolished, the General Teaching Council for England) in more than ten High Court appeals against decisions to prohibit teachers. He has also represented the General Medical Council, the National Health Services Litigation Authority, the Commission for Social Care Inspection (as it then was), the Care Quality Commission, the Pensions Regulator, Primary Care Trusts, dentists, pharmacists, solicitors, teachers and nurses in judicial reviews and professional conduct proceedings. He wrote the chapter on appeals and judicial review in the 2015 edition of Harris on Disciplinary and Regulatory Proceedings.

Immigration


“He is extremely reliable, conscientious and easy to work with.” (Chambers & Partners)

“He brings an exceptionally keen intellect to his work” Chambers & Partners

“He has an exceptional grasp of unlawful detention issues.’ (Legal 500)

“Very knowledgeable” Legal 500 (2015)

Rory has been recommended, for five years, by Legal 500 and Chambers and Partners as an expert in the field of immigration. He has been a junior in several immigration cases before the House of Lords and the Supreme Court and has acted on his own in numerous cases before the Court of Appeal.  He is a member of the Attorney General’s A panel and has advised and represented the government in many of the key cases concerning Article 8 and deportation.

Unusually for a Treasury panellist, Rory also has a Claimant practice, using the experience gained in acting for central government. He has represented Claimants and Appellants in numerous judicial reviews and appeals to the Court of Appeal concerning the refusal of fresh claims, immigration detention, refugee family reunion and various other areas. He is an expert in sponsor licensing and the Points Based System having appeared in several judicial reviews concerning the revocation and suspension of sponsor licences.  He is also the co-author of Detention under the Immigration Acts: Law and Practice, published by OUP in 2015, which is the leading text book on immigration detention. Lord Dyson, the Master of the Rolls described this book as ‘an essential addition to the library of anyone who practises in the field of the law of immigration.’

Data Protection & Information Law


“His written advocacy is excellent and his oral advocacy in the face of some hostile judges was very calm, cool and collected.” “He is very experienced, measured and persuasive. A pleasure to work with and to be against.” (Chambers and Partners)

“A good advocate and a sensible opponent.” (Chambers & Partners)

A confident and fluent advocate with an honest, straightforward style.’ (Legal 500)

“Gets the right results” (Legal 500)

Rory is recommended as an expert in Information Rights and Data Protection in the 2015 editions of Legal 500 and Chambers and Partners. He frequently advises and represents public authorities in relation to the Freedom of Information Act 2000, the Environmental Information Regulations 2011 and the Data Protection Act 1998. He often appears in appeals to the First-tier and Upper Tribunal against decisions of the Information Commissioner. He frequently advises central government, local authorities and private data controllers as to their data protection obligations.

Education


Rory is recommended in the Legal 500 for Education. He has appeared for the Secretary of State for Education (and, before it was abolished, the General Teaching Council for England) in more than ten High Court appeals against decisions to prohibit teachers. He has also appeared on behalf of teachers in professional conduct proceedings. Recently, he successfully persuaded a professional conduct panel that it did not have jurisdiction to consider the case against a teacher who had not taught for over a decade.

He has also acted in judicial reviews and appeals against decisions concerning children with Special Educational Needs and school closures.

Human Rights & Civil Liberties


Rory has a particular expertise in human rights law – he worked for nine months at the European Court of Human Rights, drafting judgments and decisions in numerous British and Irish cases, and lectured on behalf of the Council of Europe and the Raoul Wallenberg Institute in Strasbourg, Armenia and Azerbaijan. He has also advised in relation to constitutional claims in jurisdictions with constitutions similar to the European Convention on Human Rights, for example the Turks and Caicos Islands. He represented the government in the leading Court of Appeal case to consider and interpret the Maslov principles laid down by the European Court of Human Rights and has appeared in several other Court of Appeal cases concerning Article 8. He has also appeared in numerous inquests where he has advised and made representations on the effect of Article 2.

Health


Rory has represented clients in the health sector across a range of disciplines: in relation to FOIA requests and data protection principles; in bringing and defending judicial reviews; in regulatory proceedings etc. For example, he recently represented the Secretary of State for Health in a judicial review of a decision to close an A&E department and acted for the NHS Commissioning Board in a FOIA appeal concerning the scores given by the Kennedy Panel.

Recommendations


Comments on Rory’s work in the immigration field include:

“He is extremely reliable, conscientious and easy to work with.” (Chambers & Partners)

“He has an exceptional grasp of unlawful detention issues.’ (Legal 500)

“Very knowledgeable” “He brings an exceptionally keen intellect to his work” “He has an intuitive knowledge and understanding of a case, and as an opponent you enjoy being with him. He has the law at his fingertips, and you feel you have to be on the top of your game.” “He is a very effective and bright opponent. One is always struck by the intellectual force he brings to bear on really quite difficult topics.” “well regarded by peers” “Prepares and presents cases to an extremely high standard”

As for information rights and data protection:

“His written advocacy is excellent and his oral advocacy in the face of some hostile judges was very calm, cool and collected.” “He is very experienced, measured and persuasive. A pleasure to work with and to be against.” (Chambers and Partners)

“A good advocate and a sensible opponent. He has a fine working knowledge of FOIA and the DPA.” It was said that he “[m]anaged a difficult case in a sensible, reasonable and attractive way, against a hostile tribunal. He was calm under pressure and came through very well. (Chambers & Partners)

A confident and fluent advocate with an honest, straightforward style.’ (Legal 500)

“Gets the right results” (Legal 500)

For Administrative and public law:

A charming and persuasive advocate” and “An extremely effective and tenacious claimant lawyer whose government experience really gives him an edge.”

For professional discipline and regulatory: ‘‘He acts for regulators in judicial reviews.’

For Education: ‘His practice is focused on acting for public and governmental bodies.’

Related Cases


Significant Cases

House of Lords/Supreme Court

  • ST (Eritrea) v Secretary of State for the Home Department [2012] UKSC 12.
  • AP v Secretary of State for the Home Department [2010] UKSC 26.
  • AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Secretary of State for the Home Department [2008] UKHL 42.
  • R (National Grid Gas plc) v Environment Agency [2007] UKHL 30.

Court of Appeal

  • R (Raj & Knoll Ltd) v Secretary of State for the Home Department [2016] EWCA Civ 770
  • R (BA (Eritrea) et al.) v Secretary of State for the Home Department [2016] EWCA Civ 458
  • JG (Jamaica) v Secretary of State for the Home Department [2015] EWCA Civ 410
  • R (Akpinar) v Upper Tribunal [2014] EWCA Civ 937.
  • NS (Kosovo) v SSHD [2013] EWCA Civ 408.
  • G1 v Secretary of State for the Home Department [2012] EWCA Civ 867.
  • FM v Secretary of State for the Home Department [2011] EWCA Civ 807.
  • Abdi & Khalaf v Secretary of State for the Home Department [2011] EWCA Civ 242.
  • KH (Sudan) et al. v Secretary of State for the Home Department [2008] EWCA Civ 887.
  • JB (Sudan) v Secretary of State for the Home Department [2008] EWCA Civ 766.
  • RA v Secretary of State for the Home Department [2008] EWCA Civ 1210.
  • BK (Democratic Republic Of Congo) v Secretary Of State For The Home Department [2008] EWCA Civ 1322.
  • QY v SSHD [2008] EWHC 3072 (Admin).

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

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

BarristerCallCVEmail

3