Alan Payne KC

Alan appears in wide range of judicial review challenges representing private clients, central government, government agencies, other public authorities, including the police service, Police and Crime Commissioners, the CPS, the Independent Office for Police Conduct, and the prison service. 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”.

Recent cases of note:

• Rennie v Secretary of State for the Home Department [2023] EWHC 1794 (challenge to failure to implement Grenfell Inquiry recommendations)
• Chief Constable of Thames Valley Police v Misconduct Panel [2023] EWHC 2589 (challenge to lawfulness of Panel’s post Sarah Everard approach to inappropriate conduct).
• Seymour Young v Chief Constable of Warwickshire (2) Director of Public Prosecutions [2022] EWHC 447 (strike out of misfeasance claim arising from prosecution disclosure failings) 
• R (A Child: Asylum and 1980 Hague Convention Application), Re [2022] EWCA Civ 188 (the interplay between the Hague Convention and asylum decision making process).
• G (A Child) Re [2021] UKSC 9; [2022] AC 544 (the interplay between the Hague Convention/Refugee Convention for abducted asylum claiming children).
• VR v YD [2021] EWHC 2642 (confidential nature of asylum/family proceedings material)
• Warwickshire CC v ML; Northamptonshire VV v GZ [2021] 3 WLUK 548 (operation of the United Kingdom's European Union Settlement Scheme with respect to children who are the subject of care orders made under Part IV of the Children Act 1989)

Alan has significant experience in this area with particular expertise in immigration, asylum and deportation related matters. He routinely acts at the highest levels both for an against the government. For recent cases of note see below under Immigration and Business Immigration.

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

Inquiries of note:

• Jalal Uddin Inquiry (ongoing; representing Greater Manchester Police)
• Under Cover Policy Inquiry (ongoing; representing multiple undercover officers)
• Independent Inquiry into Child Sexual Abuse (represented police forces and other interested parties).
• Azelle Rodney Inquiry (representing the Met police)

He has also acted in a number of judicial reviews of Inquiry decisions; including most recently 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 (challenge to inquiry report); 

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 Department of Health and Safety and various other government departments in the inquest into the death of Ella Kissi-Debrah (which considered in the context of article 2 whether air pollution from cars/lorries in London contributed to death of someone who live on the South Circular).

Alan also acts for families and other IPs – 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. He is has also acted for: - (i) G4S & Serco in prison/detention centre inquests. (ii) NHS Trusts, (iii) Coroners and, regularly acts in related 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 range 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.

Recent cases of note:

• Chief Constable of Thames Valley Police v Misconduct Panel [2023] EWHC 2589 (challenge to lawfulness of Panel’s post Sarah Everard approach to inappropriate conduct).
• YZ v Chief Constable of South Wales Police [2022] EWCA 683 (challenge to the non-deletion of PNC material and national policies on the retention of information for policing and other purposes).
• Seymour Young v Chief Constable of Warwickshire (2) Director of Public Prosecutions [2022] EWHC 447 (strike out of misfeasance claim arising from prosecution disclosure failings) 

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. 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 represented 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 (YZ v Chief Constable of South Wales Police [2022] EWCA 683) and the Secretary of State in a DPA challenge to Home Office bulk data processing and policies/guidance of mobile phones from migrants crossing the channel (HM & Ors v Secretary of State for the Home Department [2022] EWHC 695).

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 represents both private clients and government departments in statutory appeals, judicial reviews, appeals to the Court of Appeal and in the Supreme Court. He has broad experience advising and representing the government, businesses, high net worth, and highly skilled individuals. This includes those falling within Tier 1 (investors, entrepreneurs and highly skilled migrants), Tier 2 (skilled migrants, intra-company transfers, support persons) and Tier 5 (temporary workers). He also advises and represents educational institutions and international students, falling within Tier 4. 

Recent cases of note

• R (on the application of PA) v Secretary of State [2023] EWHC 2476 (challenge to non-recourse to public funds policy)
• R (on the application of MQ) v Secretary of State [2023] EWHC 205
• R (on the application of PM) v Secretary of State [2023] EWHC 1551 (challenge to support policy applicable to victims of trafficking)
• R (on the application of HM) v Secretary of State for the Home Department [2022] EWHC 695 (challenge to lawfulness of mobile phone seizure of small boat channel migrants)
• R (on the application of JM) v Secretary of State for the Home Department [2021] EWHC 2514 (challenge to asylum support provided during COVID-19).
• R (on the application of Safe Passage International) v SSHD [2022] 1 WLR 165 (challenge to lawfulness of policy guidance concerning EU Regulation 604/2013)
• R (on the application of the Secretary of State for Home Department) v First Tier Tribunal (Social Entitlement Chamber) [2022] 1 WLR 22 (challenge to decision requiring the SSHD to provide support during COVID))

Alan represents both private clients and government departments at the highest levels in child abduction cases. He has particular expertise in the interplay between the Convention on the Civil Aspects of International Child Abduction 1980 as incorporated by the Child Abduction and Custody Act 1985 and the Convention and Protocol relating to the Status of Refugees 1951 and domestic immigration law.

Recent cases of note:

• R (A Child: Asylum and 1980 Hague Convention Application), Re [2022] EWCA Civ 188 (the interplay between the Hague Convention and asylum decision making process).
• G (A Child) Re [2021] UKSC 9; [2022] AC 544 (the interplay between the Hague Convention/Refugee Convention for abducted asylum claiming children).
• VR v YD [2021] EWHC 2642 (confidential nature of asylum/family proceedings material)
• Warwickshire CC v ML; Northamptonshire VV v GZ [2021] 3 WLUK 548 (operation of the United Kingdom's European Union Settlement Scheme with respect to children who are the subject of care orders made under Part IV of the Children Act 1989)