Alan Payne KC

Alan appears in wide range of judicial review challenges on behalf of central government, government agencies, other public authorities, including the police service, Police and Crime Commissioners, the CPS, the Independent Office for Police Conduct, the prison service, coroners and for corporate clients. He is described as “fantastic in
judicial reviews." (Chambers and Partners 2021); and as a "very strong advocate for his clients, with a lot of experience in the higher courts" who “the courts like and respect”.

Cases of note:

• R (on the application of MQ) v Secretary of State [2023] EWHC 205
• Seymour Young v Chief Constable of Warwickshire (2) Director of Public Prosecutions [2022] EWHC 447. 
• R (on the application of HM) v Secretary of State for the Home Department [2022] EWHC 695 
• R ( A Child: Asylum and 1980 Hague Convention Application), Re [2022] EWCA Civ 188 
• G (A Child) Re [2021] UKSC 9 
• R (on the application of KMI) v Secretary of State for the Home Department [2021] EWHC 477 
• R (on the application of Hussain) v Secretary of State for the Home Department [2021] EWHC 450 
• R (on the application of JM) v Secretary of State for the Home Department [2021] EWHC 2514 
• VR v YD [2021] EWHC 2642 
• R (on the application of Safe Passage International) v Secretary of State for the Home Department [2021] EWHC 695 
• R (on the application of Secretary of State for the Home Department v First-Tier Tribunal (Social Entitlement Chamber) [2021] EWHC 1690 
• Warwickshire CC v ML; Northamptonshire VV v GZ [2021] 3 WLUK 548 

Alan has significant experience in this area with particular expertise in immigration, asylum and deportation related matters.

Cases of note:

• Muktur Habte v Secretary of State for the Home Department [2020] EWHC 967 – challenge to the decision not o assume responsibility under Dublin III for determining a claim for international protection.
• Omar v Secretary of State for the Home Department [2019] EWCA Civ 207 – challenge to the guidance in assessing significant risk of absconding in the context of detention under EU law.
• AB v Secretary of State for the Home Department [2018] EWCA Civ 383 – whether a person has to be present in the UK in order to be granted refugee status.
• MM & Ors v Secretary of State for the Home Department [2017] UKSC 10 – challenge to the lawfulness of the income requirements imposed on those seeking entry into the UK.
• Imam v Secretary of State for the Home Department [2017] EWHC 2917 – whether a person who works at a takeaway restaurant can qualify as a chef for the purpose of the Shortage Occupation List.
• MM & Ors v Secretary of State for the Home Department [2017] UKSC 10 – challenge to the lawfulness of the income requirements imposed on family members seeking entry into the UK.
• Secretary of State for the Home Department v SS (Congo) and 5 ors [2016] 1 All ER 706 – challenge to approach taken to Article 8 applications by family members who do not satisfy the Immigration Rules.

Over the last decade Alan has represented a wide range of public authorities and organisations including central government, police forces, charities and corporations in some of the most high profile Inquiries.

Sources in the major directories refer to him as "Outstanding and instructed in the most difficult cases."; "…a client friendly barrister and has a good grasp of the issues.";"…very well prepared and able." (Inquests and Public Inquiries) Chambers and Partners 2022

Cases of note:

• Under Cover Policy Inquiry
• Independent Inquiry into Child Sexual Abuse
• Manchester bombing Inquiry
• Azelle Rodney Inquiry

He has also acted in a number of judicial reviews of Inquiry decisions; including most recently in judicial reviews of: 

• Anonymity decisions in the UCPI Inquiry,
• The Foreign & Commonwealth Office, (2) Sasha Wise QC) v M(1) Martin Wasama (2) Claire Gannon & Speaker of the House of Commons (Intervener) [2020] EWCA Civ 142
• The Azelle Rodney Inquiry (E7 (an officer of the MPS) v Chairman of the Inquiry into the death of Azelle Rodney and various interested parties [2014] EWHC 452)

Alan represents Government Departments, Prison Services, Police Forces, the NHS and families in high profile Inquests. Most recently he represented the Police in a fatal shooting inquest and the DHSC and various other government departments in the inquest into the death of Ella Kissi-Debrah (the first occasion whether air pollution from cars/lorries in London contributed to death of someone who live on the South Circular).

Alan also acts for individuals and corporations – he is currently instructed in an application for a fresh inquest being pursued by the family of Stuart Lubbock who was found dead in suspicious circumstances in the swimming of Michael Barrymore. And has acted for G4S in inquests relating to deaths by overdose, suicide and prisoner violence, and Serco in relation to death in immigration detention centres. In addition, he has acted in a wide range of civil proceedings brought following Inquests.

In addition, Alan has acted for Coroners and in related proceedings in the Administrative Court (including in post Inquest civil proceedings).

Source in the main directories describe him as "Outstanding and instructed in the most difficult cases" ((Inquests and Inquiries) the Legal 500 2022) and "an outstanding barrister, whose strengths are his client-friendly approach, his depth of knowledge of the subject area and his grasp of current and future issues" who is "really on top of the detail and very well trusted and regarded." (Inquests & Public Inquiries) Chambers and Partners 2022

Cases of note:

• Kent County Council v HM Coroner for Kent & Mr and Mrs Barry [2012] EWHC 2768
• Sumaiya Patel v Lord Chancellor & Assistant Deputy Coroner for Inner West London [2010] EWHC 2220.

Alan acts in the full range of disciplines on behalf of the police service. He also regularly represents the Police and Crime Commissioners, the Independent Office for Police Conduct and the CPS.

Sources in the main directories state that he is "a very impressive silk" who “puts up a hard fight" and who has "an excellent legal brain and is a very capable advocate", and "gives a lot of attention to detail, and is very approachable and great technically."

He has represented police force and the CPS in civil jury trials and non-jury actions relating to misfeasance, malicious prosecution and false imprisonment. He recently represented in Warwickshire Police before the Court of Appeal in a challenge to the refusal of the Family Court to grant PII, and the CPS in an appeal against a decision to strike out a multi-million point claim for misfeasance and false imprisonment.
He is presently defending the NCA and a number of Police Forces in a range of claims involving challenges to the lawfulness of warrants based on breach of duty of candour and misfeasance.

Additionally, has acted Police Forces in a wide range of Human Rights claims involving victims of historic sexual abuse, alleged failures to respond to risk to risk of harm (for example risk of suicide, risk to CHIS, refusal to provide witness protection) and alleged breaches of Article 8 ECHR (disclosure of PNC and other data).

He has particular expertise in the operation of the Freedom of Information Act 2000, the GDPR and the Data Protection Act 2018 and regularly advises Police Forces in a wide rage of issues relating to data extraction, retention and transfer. He is currently defending South Wales Police in the Court of Appeal in relation to a challenge to the non-deletion of PNC material and national policies on the retention of information for policing and other purposes.

Alan has appeared in many difficult and sensitive inquests and public inquiries involving the police service including most recently the Undercover Policing Inquiry and the Independent Inquiry into Child Sexual Abuse, and the Azelle Rodney Inquiry.

Cases of note:

• Seymour Young v Chief Constable of Warwickshire (2) Director of Public Prosecutions [2022] EWHC 447.
• Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1624
• R (on the application of XY) v (1) Crown Court, (2) Chief Constable of Northumbria (3 ) DPP [2017] EWHC 52
• Mouncher & ors v Chief Constable of South Wales Police [2016] EWHC 1367
• Daniels & Ors v Chief Constable of South Wales [2015] EWCA Civ 680
• Durrant v Chief Constable of Avon & Constabulary [2013] EWCA Civ 1624
• Barry George v. Metropolitan Police Service [2010] EWHC 324
• Coker v IPCC & MPS & Wood [2010] EWHC 3625

Alan regularly appears in the Employment Tribunal particularly in sensitive and high-profile whistleblowing and discrimination claims, and is regularly called upon to act in cases involving senior Government employees.

Cases of note:

• A discrimination claim brought against a police force challenging force sick pay provisions, and fact specific alleged failure to make reasonable adjustments and personal injury claim
• A whistleblowing, race and disability discrimination claim brought against a sensitive government agency.
• A discrimination claim brought against exclusion of freemasons from working on the Hillsborough investigation.
• A challenge to the lawfulness of pre-employment checks which involve consideration of the immigration history of the potential employee.
• A challenge to the lawfulness of the national security requirement that those who have access to sensitive material need to have British nationality.
• A test case bas to whether SOCA interpreters were self-employed or employed.
• A series of pensions cases involving transfer provisions between the MET and SOCA.
• In addition Alan regularly provides high level advice on TUPE issues, and has acted in a number of cases focusing on post termination restraints (both obtaining and resisting injunctions).

He is the co-author of the Employment Tribunals Handbook (5th edition 2017) published by Bloomsbury Professional.

Alan provides advice and representation to public and private organisations in relation to a wide range of issues concerning information law.

He has advised police forces and central government extensively in relation to the Data Protection Act 2018, the Freedom of Information Act 2000, the GDPR, Regulation of Investigatory Powers Act 2000 and the Investigatory Powers Act 2016. Recently, he appeared on behalf of the Secretary of State in a DPA challenge to Home Office bulk data processing and policies/guidance relating to seizure, extraction of data and retention of mobile phones from migrants crossing the channel (HM & Ors v Secretary of State for the Home Department [2022] EWHC 695) and is acting in a number of related misuse of information and Article 8 civil damages claims.

He has also advised and acted in claims relating to the retention of conviction and non-conviction data and is currently representing South Wales Police in the Court of Appeal in relation to a challenge to the non-deletion of PNC material and national policies on the retention of information for policing and other purposes.

In addition, he has advised and acted for a range of police forces and government departments, in the First-tier Tribunal (Information Rights Chamber) and other courts, in challenges to and/or civil claims for damages for unlawful sharing of data with foreign agencies, failure to ensure data deletion by foreign agencies, failure to comply with a Subject Access Request by the press, unlawful sharing of CHIS related data, unlawful extraction of data, and improper/excessively broad use of data.

Alan has significant experience in immigration, asylum and deportation related matters. He has acted for government departments in some of the most prominent challenges to immigration policies, lawfulness of detention, trafficking, breach of entry clearance requirements, entry into the UK, curfew requirements, application of EU Directives, asylum support, data protection and the interaction with Refugee legislation with the Hague and other Conventions.

Recent cases of note:

• R(on the application of MQ) v Secretary of State [2023] EWHC 205
• R (on the application of HM) v Secretary of State for the Home Department [2022] EWHC 695
• R ( A Child: Asylum and 1980 Hague Convention Application), Re [2022] EWCA Civ 188 
• G (A Child) Re [2021] UKSC 9 
• Muktur Habte v Secretary of State for the Home Department [2020] EWHC 967
• Omar v Secretary of State for the Home Department [2019] EWCA Civ 207
• AB v Secretary of State for the Home Department [2018] EWCA Civ 383
• MM & Ors v Secretary of State for the Home Department [2017] UKSC 10