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Andrew Deakin

“Andrew Deakin has a brilliant mind … He is very meticulous in his preparation, he is a thoughtful advocate and powerful on his feet.” Chambers and Partners 2022

Andrew is a public and regulatory lawyer. He has a broad public law practice focussing on national security law, immigration, human rights and prisons law.  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, freedom of information and other regulatory matters (including sanctions).

Andrew was appointed to the Attorney General’s ‘A’ Panel of Treasury Counsel in 2018. He acts for both claimants and public authorities.

Areas of expertise

Administrative and Public Law

Andrew has a wide ranging public law practice. He acts for both claimants and defendants in cases turning on matters of pure administrative law as well as cases concerning civil liberties and human rights. Andrew has extensive experience of both judicial review and public law damages claims. He advises and acts for HMG in cases involving national security (many of his instructions in this area raise international law issues) and has a particular interest in cases involving freedom of expression. 

Cases of note:

R (D4) (notice of deprivation of citizenship) v Secretary of State for the Home Department [2022] EWCA Civ 33 - Challenge to the service to file provisions of the British Nationality (General) Regulations 2003. Permission to appeal to Supreme Court granted.

Johnson v Secretary of State for the Home Department (QBD, judgment awaited) - Damages claim raising issues of alleged assault and mistreatment and unlawful detention arising out of failed deportation.  Justiciability of Acts of State in issue.   

C3, C4, C7 v Secretary of State for the Home Department (SIAC SC/167/2020) - Acted for the Secretary of State in deprivation of citizenship proceedings (led by Lisa Giovannetti QC). 

KT v Secretary of State for Work and Pensions (PIP) [2020] UKUT 252 (AAC) - Acted for the SSWP in an appeal to establish the meaning of “safely” as used in the washing and bathing component of the Social Security (Personal Independence Payment) Regulations 2013. 

Findlay & Da Silva v Department of Business, Energy and Industrial Strategy [2018] EWHC 1591 (QB) - Damages claim for alleged misfeasance in a public office and malicious prosecution.

Secretary of State for the Home Department v LF [2017] EWHC 2685 (Admin) - Acted for the Secretary of State in a section 9 review of LF’s TPIM notice. (Led by Ben Watson QC).

-- Immigration and Business Immigration

Andrew is an experienced immigration lawyer. He appears at all levels of tribunal court from the First-tier Tribunal to the Court of Appeal (including the Special Immigration Appeals Commission). 

Cases of note:

R (SS (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 1391 - Acted for the Secretary of State in an appeal addressing the consequences of delay between hearing and promulgation of a decision and the relevance of demeanour to credibility findings.

PR (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 1946 - Acted for the Secretary of State in an appeal against the refusal of an application to apply for permission to appeal a refusal to treat submissions as a fresh claim.   Case concerned the weight to be attached to summaries of evidence in Country Guidance cases

Amirteymour v Secretary of State for the Home Department [2017] EWCA Civ 353 - Case concerned 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.

-- Inquests

Andrew appears regularly for both families and public authorities in inquests raising human rights matters.  He has particular experience of deaths in prison and/or of vulnerable adults.  

Cases of note:

Re MT (2021)
- Suicide of vulnerable adult.

Re C (2017) - Art. 2 inquest into death of prisoner in custody involving police, prison officers, prison healthcare, and the Probation Service.

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

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

CM (a child) (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

-- Parole Board and Prisons

Andrew has extensive experience of prisons and Parole Board matters. He is currently instructed by the Secretary of State for Justice in a number of Parole Board proceedings relying on Closed material (the first of their kind in the jurisdiction of England and Wales). Andrew acts for both prisoners and public authorities. As well as acting in contested proceedings, Andrew regularly advises HMG on matters of prison and Parole Board policy.

Cases of note:

R (Kessie-Adjie) v Secretary of State for Justice [2022] EWHC 722 (Admin) - 
Challenge on Article 5 ECHR grounds to the recall of prisoners who are unlawfully at large without fault. (Led by Sam Grodzinski QC). 

R (Mormoroc) v Ministry of Justice [2017] EWCA Civ 989 - The Appellant, an EU citizen, alleged discrimination on the basis that different policy considerations controlled a grant of Home Detention Curfew in his case than those applying to UK citizens. ECHR and EU law in issue. 

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

R (on the application of LD; RH; BK) v Secretary of State for Justice [2014] EWHC 3517 (Divisional Court) 
- Human rights challenge to PSI 67/2011 on grounds that the policy did not properly constrain full body searches of women prisoners.

Inquiries and Investigations

Andrew has been instructed by HMG in a number of sensitive inquiries. In addition to his inquiry work Andrew is regularly instructed by central and local government clients to review the lawfulness of historic decision making and proposed policies.  In addition to his core inquiries and investigation work, Andrew also has experience of advising on challenges to unpublished investigation reports.
Cases of note:

Angiolini Inquiry (ongoing) - 
Phase 1 of the Angiolini Inquiry is aimed at establishing an account of the police career of the killer of Sarah Everard and making recommendations.  Andrew is instructed by the Cabinet Office.  

Local Authority Review (2020) - Review of investigation and disciplinary action taken against a councillor following accusations of dishonesty.

Hart Institutional Abuse Inquiry (2016) - Andrew was instructed by several government departments and agencies in the Hart Inquiry into institutional abuse in Northern Ireland.     

Al Sweady Inquiry (2014) - Andrew acted for over 200 military witnesses in the Al Sweady Inquiry into allegations of murder and mistreatment of Iraqi detainees. 

Regulatory and Disciplinary

Andrew advises government agencies and individuals in sanctions related matters. He has experience of the Proscribed Organisation Appeals Commission.  Andrew also accepts instructions to advise and act a range of disciplinary matters (both at first instance and on appeal).  He is currently instructed by the National Crime Agency in a major claim in the Investigatory Powers Tribunal.

Information and Media

Andrew acts for central government departments, local authorities, companies and individuals on data protection and freedom of information matters. Andrew has experience of acting in data protection related matters in the First-tier Tribunal, the Investigatory Powers Tribunal, and the Administrative Court. He is currently instructed in a number of systems challenges to HMG databases on Article 8 ECHR and privacy grounds.  Andrew has a particular interest in the law of freedom of expression. He accepts pro bono instructions where appropriate.  

Cases of note:

Christopher Stanley v (1) Information Commissioner and (2) Northern Ireland Office EA/2019/0019 - Acted for the Northern Ireland Office to resist the disclosure of a file entitled “Provisional IRA intentions and activities in Great Britain”.

Kerr v (1) ICO and (2) The Ministry of Defence EA/2017/0129 - Resisting disclosure of commercially sensitive material arising in the context of an MoD procurement exercise.  Arguments focused on section 43(2) FOIA and the Defence and Security Public Contracts Regulations 2011.

Workman v (1) ICO and (2) Secretary of State for the Home Department EA/2017/0127 - Resisting disclosure of details of the working practices of Home Office Registered Pathologists on the basis of ss. 40 (personal data) and 36(2)(c) (prejudice to effective conduct of public affairs) FOIA

Dr John Fox v (1) ICO and (2) The Ministry of Defence EA/2017/00018 - Defending a decision to withhold information on the basis of s.23 FOIA (Information supplied by, or relating to, bodies dealing with security matters).