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Christopher Staker

“Possesses a deep intellect in analysis, and competency and clarity in drafting opinions and court presentations.” The Legal 500 2020

Christopher has extensive experience in international law and public law at both national and international levels. He appears in cases before international courts (such as the International Court of Justice (ICJ)) as well as before national courts and tribunals, and advises, in matters involving international law, immigration and asylum law, human rights, European law, administrative and public law, and tax.

Positions that he has previously held include Principal Legal Secretary (head of the Legal Department) at the International Court of Justice (The Hague), Deputy (Chief) Prosecutor of the Special Court for Sierra Leone (Freetown), Senior Appeals Counsel at the International Criminal Tribunal for the Former Yugoslavia (The Hague), Counsel Assisting the Solicitor-General of Australia (Canberra), and counsel in the Office of International Law of the Australian federal Attorney-General’s Department (Canberra). He originally trained as a diplomat with the Australian Department of Foreign Affairs.

Christopher is appointed to the Attorney General’s Public International Law A Panel of Junior Counsel to the Crown.

He has also been called to the bar in the Republic of Ireland and has been admitted to practice as a lawyer (Rechtsanwalt) in Germany, and like all lawyers in those jurisdictions, can appear before the Court of Justice of the European Union (CJEU).

Christopher is fluent in French and German. 

Areas of expertise

Public International Law

“Christopher is very professional. His high-level expertise in public international law is invaluable.”
The Legal 500 2021

Christopher has experience of working as an international lawyer in government and in international organisations. In private practice, his clients have included governments, international organisations, corporations and non-governmental organisations. He advises on all areas of international law, including the application of international law in domestic law and Brexit, international criminal law, law of international organisations, international privileges and immunities, law of the sea, and treaty interpretation and application. His experience includes investment treaty arbitration matters.

Cases of note

  • Argentum Exploration Ltd v The Silver [2022] EWCA Civ 1318
  • The Gambia v Myanmar (ICJ) - Application of the Convention on the Prevention and Punishment of the Crime of Genocide. 
  • Portugal v Australia (ICJ) - Case concerning East Timor 
  • Legality of the Use by a State of Nuclear Weapons in Armed Conflict (ICJ)  
    Judgment
  • Legality of the Threat or Use of Nuclear Weapons (ICJ)  
    Judgment
  • “Juno Trader” Case (Saint Vincent and the Grenadines v Guinea-Bissau) (ITLOS)  - Prompt release of detained vessels and crew 
  • R (Akarcay) v West Yorkshire Police & Ors (England and Wales Divisional Court)  - Recognition of states and governments, challenge to the lawfulness of co-operation given by British police to the authorities of the “Turkish Republic of Northern Cyprus” (led by Hugo Keith QC). 
  • British Arab Commercial Bank PLC v National Transitional Council of Libya (England and Wales Commercial Court)  - Recognition of states and governments, control of the accounts of the Libyan embassy in London (led by David Perry QC). 
     

EU Law

“I cannot speak highly enough of the quality of his research and reasoning, and the impressive speed at which he works. The texts that he produces, under huge time pressure, are clear, persuasive and elegantly written.” The Legal 500 2021

Christopher advises on a range of EU law issues, including in relation to the UK-EU Withdrawal Agreement and Brexit, and other issues concerning the interrelationship of EU law and public international law, including in the context of EU association agreements with third states. He has been counsel in an intra-EU investment treaty arbitration case in the electricity sector raising issues of EU law and international law. Christopher has advised and been involved in cases before domestic courts and tribunals, especially in the areas of immigration and tax, dealing with EU law issues.

Civil Liberties and Human Rights

Christopher advises and appears in cases before domestic courts and tribunals in cases involving human rights issues under the Human Rights Act 1998 and the European Convention on Human Rights (ECHR), as well as issues arising under other international treaties such as the Human Trafficking Convention and Rights of the Child Convention. He has dealt with human rights issues in cases before international courts and tribunals, including the European Court of Human Rights, international criminal courts and tribunals, and the International Court of Justice.

Cases of note

  • AXB (Jamaica) v Secretary of State for the Home Department [2019] UKUT 397 (IAC)  - Claimed obligations of a contracting state under Article 3 ECHR when removing from its jurisdiction a seriously ill person lacking medical treatment in the country of return. 
  • R (NS) v Secretary of State for the Home Department [2019] EWHC 861 (Admin) - Human trafficking. 
  • SL (St Lucia) v The Secretary of State for the Home Department [2018] EWCA Civ 1894 - Removal from the UK of a person suffering a medical condition, Articles 3 and 8 ECHR. 
  • Secretary of State for the Home Department v Minh [2016] EWCA Civ 565 - Effect in domestic law of “unincorporated” human rights treaties, Human Trafficking Convention, Article 4 ECHR (prohibition of slavery and forced labour). 
  • Hassan v United Kingdom (European Court of Human Rights, Grand Chamber) - Interrelationship between the international law of armed conflict and the ECHR, whether a person in Iraq is within the “jurisdiction” of the UK for purposes of Article 1 ECHR (led by James Eadie QC). 

Immigration and Business Immigration

“He is an outstanding counsel both in opinion and appearances work.” The Legal 500 2021

Christopher advises and appears in cases involving all aspects of immigration and asylum law, including business immigration, and cases involving issues of human rights, public international law and European law.

Cases of note

  • Yaseen v Secretary of State for the Home Department [2020] EWCA Civ 157  
  • CS R (Yogaraja) v Secretary of State for the Home Department [2019] EWHC 230 (Admin) - Secretary of State’s discretion to refuse to consent to bail granted by the First-tier Tribunal. 
    Judgment
  • R (Ijaz) v Secretary of State for the Home Department [2018] EWCA Civ 2425 - Discretion to overlook non-compliance with mandatory requirements of the Immigration Rules. 
  • Ali v Secretary of State for the Home Department [2018] EWCA Civ 2220 - Tier 4 student visa. 
  • Kaur v Secretary of State for the Home Department [2018] EWCA Civ 411 - Appendix FM to the Immigration Rules, claimed discrimination on grounds of British citizenship of parent. 
  • Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 - Effect of “supplementary” decision issued during the course of judicial review of the original decision. 
  • Singh v The Secretary of State for the Home Department [2016] EWCA Civ 492 - Appeal on grounds of alleged bias or misconduct of the first-instance judge. 
     

Tax

Christopher has advised and/or been involved in cases concerning direct and indirect tax, customs, excise and other taxes.

Recommendations

  • “I cannot speak highly enough of the quality of his research and reasoning, and the impressive speed at which he works. The texts that he produces, under huge time pressure, are clear, persuasive and elegantly written.” The Legal 500 2021
  • “He is an outstanding counsel both in opinion and appearances work.”  The Legal 500 2021
  • “He is a lawyer with deep knowledge, great experience and care for detail. His advice has been very on point, well-researched, constructive and helpful.”  The Legal 500 2021
  • “Possesses a deep intellect in analysis, and competency and clarity in drafting opinions and court presentations.”  The Legal 500 2020
  • “Absolutely outstanding public international lawyer and scholar.”  Legal 500 2019