“extremely intellectual" Jeremy Johnson QC is the number-one choice of counsel for many in this sector. He is a "good team player and an excellent tactician," who is "able to undertake cases of any size and complexity." Those that instruct him appreciate the fact that he is "very prompt in his turnaround of work." – (Police Law) Chambers UK 2012
"extremely convincing and compelling advocate," whose court style is "succinct, clear and punchy – he doesn't go on for a minute longer than is necessary, but gets his point across effectively." – (Immigration) Chambers UK 2012
“an extremely bright public lawyer with an outstanding intellect" – Chambers and Partners 2011
"one to go to if you have a complicated public law challenge" – Chambers and Partners 2011
"always on top of the facts and a model of fearless independence" – Chambers and Partners 2011
‘fantastic and extremely knowledgeable – a very clever man who always produces a quick turnaround.’ Chambers and Partners 2010
‘Outstanding – he works relentlessly, and is incredibly intelligent and incisive.’ Chambers and Partners 2009

Jeremy was appointed as a QC in 2011. Before that he was Junior Counsel to the Crown between 2000 and 2011 (A Panel from 2007). He is a member of the Welsh Assembly Panel of Counsel, a Recorder of the Crown Court (2009), editor of the Police Law Reports, and Consultant Editor of Halsbury's Laws Volume 36 (Police). He is Developed Vetted.

Background:

Practises in the areas of public law, human rights (domestic and international) and civil liberties, police and prison law, immigration and asylum, social security, employment and malfeasance claims (assault, false imprisonment, malicious prosecution and misfeasance).

Jeremy's current caseload includes:

acting for a number of police authorities and local authorities in relation to issues arising out of cuts in public expenditure (including providing legal advice on the implementation of such cuts and defending judicial review proceedings)
acting for the Ministry of Defence in the Al Sweady public inquiry
acting for the Independent Police Complaints Commission in the disciplinary proceedings concerning the Chief Constable of North Yorkshire
acting for the authorities of the House of Commons and the House of Lords in the prosecutions of MPs and peers for their expenses claims
acting for the Home Secretary in a series of cases concerning the detention of foreign national prisoners pending deportation, including current cases in the Supreme Court and Court of Appeal
acting for the Secretary of State for Work and Pensions in the forthcoming hearing in the Supreme Court concerning the liability of insurance companies to pay compensation for mesothelioma
acting for the Metropolitan Police Commissioner in claims challenging the compatibility of stop and search powers with the European Convention on Human Rights and the compatibility of the retention of DNA samples with the European Convention on Human Rights

Police Law:

Jeremy edits the Police Law Reports and Halsbury Laws (Police). He acts for claimants, chief constables, police authorities and the Independent Police Complaints Commission in all cases involving the police, including public law claims, malfeasance cases, employment claims, disciplinary proceedings and Data Protection/Freedom of Information. He regularly provides advice on policy and operational issues, including in relation to counter-terrorism investigations, the use of covert techniques, the Regulation of Investigatory Powers Act 2000, Special Police Services, Data Protection and Freedom of Information.

Recent Police Law cases:

Seal v United Kingdom – European Court of Human Rights 2010

Whether the requirement to obtain the leave of the High Court under section 139(2) of the Mental Health Act 1983 before commencing civil proceedings is compatible with articles 6 and 14 of the European Convention on Human Rights.

R (F and Thompson) v Secretary of State for the Home Department [2010] 2 WLR 992 – Supreme Court, 2010

Whether the regime requiring sex offenders to comply with notification obligations for an indefinite period without a right of review was compatible with article 8 of the European Convention on Human Rights.

R (Purdy) v Director of Public Prosecutions [2010] 1 AC 345 – House of Lords

Whether the Code for Crown Prosecutors was sufficient to satisfy the legality requirement of article 8 of the European Convention on Human Rights in assessing how prosecutorial discretion was likely to be exercised in cases of assisted suicide under the Suicide Act 1961.

Secretary of State for the Home Department v AF [2010] 2 AC 269 – House of Lords

Whether the system of special advocates in control order proceedings, and the linked disclosure regime, complied with article 6 of the European Convention on Human Rights.

R v G [2009] 1 AC 92 – House of Lords

Whether the offence of rape under section 5 Sexual Offences Act 2003 was compatible with article 8 of the European Convention on Human Rights.

Seal v Chief Constable of South Wales Police [2007] 1 WLR 1910 - House of Lords

Whether a failure to obtain the leave of the High Court under the Mental Health Act 1983 s.139(2) before commencing civil proceedings rendered those proceedings a nullity.

R (Laporte) v Chief Constable of Gloucestershire [2007] 2 AC 105 – House of Lords

Whether preventing protestors from attending a demonstration had been a breach of article 10 of the European Convention on Human Rights.

Ministry of Justice v Scott [2009] EWCA Civ 1215 - Court of Appeal

Whether the right to bring an action for malicious prosecution against a complainant was confined to cases in which there was a single prosecution witness with exclusive knowledge of the facts.

Barracks v John Coles and Commissioner of Police of the Metropolis [2007] ICR 60 - Court of Appeal

Whether, having regard to section 17 of the Regulation of Investigatory Powers Act 2000, the police were entitled to withhold disclosure of documents on the grounds that there was a statutory prohibition on disclosure which the police were not permitted to identify.

R (I) v (1) City of Westminster Magistrates’ Court (2) Chief Constable of Greater Manchester Police (Defendants) & Crown Prosecution Service (Interested Party) [2008] EWHC 2146 (Admin) - Administrative Court

Whether the power contained in section 41 of the Terrorism Act 2000 to detain without warrant was compatible with article 5 of the European Convention on Human Rights.

R (Hodgson) v Chief Constable of South Wales Police [2008] EWHC 1183 (Admin) - Administrative Court

Whether it was lawful to require officers who had served for more than 30 years to retire.

R (Independent Police Complaints Commission) v Assistant Commissioner Hayman [2008] EWHC 2191 (Admin) - Administrative Court

Standard of proof in police disciplinary proceedings

R (Independent Police Complaints Commission) v Chief Constable of West Mercia and David Walton [2007] EWHC 1035 (Admin) - Administrative Court

Whether it was an abuse of process (double jeopardy) to discipline a police officer on charges which had been determined in the officer’s favour in the context of a coroner’s inquest.

Miller and others v Chief Constable of South Wales Police 2009 - High Court

Settlement of major malicious prosecution claim - amount claimed in the region of £3M.

Butterworth v Information Commissioner 2009 - Freedom of Information 2009

Test case in the Information Tribunal on whether the names of police informants from 100+ years ago should still be kept secret.

Ahmad v Commissioner of Police 2009 - High Court

High Court trial of assault claim against a prominent terrorist suspect.

Public / Administrative Law:

Jeremy acts for both claimants and defendants in all areas of public and administrative law, but particularly in relation to claims concerning human rights and civil liberties, criminal law and public protection, immigration and asylum and police/prisons.

Recent Public/Administrative Law cases:

R WL (Congo) and KM (Jamaica) v Secretary of State for the Home Department – 2010 Supreme Court

Challenge to the Secretary of State's policy for the detention of foreign national prisoners pending deportation. Heard before a panel of 9 Supreme Court Justices in November 2009

Seal v United Kingdom – European Court of Human Rights 2010

R (F and Thompson) v Secretary of State for the Home Department [2010] 2 WLR 992 - Supreme Court 2010

R (Purdy) v Director of Public Prosecutions [2010] 1 AC 345 – House of Lords

Secretary of State for the Home Department v AF [2010] 2 AC 269 – House of Lords

Whether the system of special advocates in control order proceedings, and the linked disclosure regime, complied with article 6 of the European Convention on Human Rights.

R v G [2009] 1 AC 92 – House of Lords

Whether the offence of rape under section 5 Sexual Offences Act 2003 was compatible with article 8 of the European Convention on Human Rights.

Seal v Chief Constable of South Wales Police [2007] 1 WLR 1910 – House of Lords

Whether a failure to obtain the leave of the High Court under the Mental Health Act 1983 s.139(2) before commencing civil proceedings rendered those proceedings a nullity.

R (Laporte) v Chief Constable of Gloucestershire [2007] 2 AC 105 – House of Lords

Whether preventing protestors from attending a demonstration had been a breach of article 10 of the European Convention on Human Rights.

R (Misick) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 1039 (Admin) - Court of Appeal

Whether it was contrary to domestic and international human rights law to suspend democratic institutions in the Turks and Caicos Islands.

R (MK (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115 - Court of Appeal (and permission application to Supreme Court)

Whether unlawful delay in determining an asylum claim gives rise to a right to damages under EU or ECHR law

R (Naik) v Secretary of State for the Home Department [2010] EWHC 2825 (Admin) - High Court

Whether the exclusion of a high profile Muslim writer and public speaker from the United Kingdom was lawful

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701

Whether a transgender person who had undergone male to female gender reassignment was entitled to a pension from age 60

R (Bektas) v Secretary of State for Justice [2009] EWHC 2359 (Admin) - High Court

Whether the regime for release under section 225A(5) of the Criminal Justice Act 2003 was compatible with article 5 of the European Convention on Human Rights.

Whether the power contained in section 41 of the Terrorism Act 2000 to detain without warrant was compatible with article 5 of the European Convention on Human Rights.

Public Inquiries:

Jeremy has acted both for individuals/families and public authorities in several significant public inquiries. He is currently acting for the Ministry of Defence in the Al Sweady public inquiry. He is also acting in a large number of cases where failures to hold public inquiries in relation to allegations of abuse of detainees in Iraq are being challenged

He has acted in a number of significant public inquiries in recent years, including:

The Hutton Inquiry (junior counsel for the Kelly family)

The Scott Review (for the Northern Ireland Office, the Secretary of State for Northern Ireland and a number of officials)

The Inquests into the deaths of Diana, Princess of Wales and Dodi Al Fayed (for the Secret Intelligence Service, the Security Service and Government Communications Headquarters)

The Billy Wright Inquiry (for the Northern Ireland Office, the Northern Ireland Prison Service and a number of senior officials)

Lectures:

Jeremy provides CPD lectures to solicitors on all aspects of his practice. Recently he has lectured on public inquiries, the Regulation of Investigatory Powers Act 2000, false imprisonment and judicial review.

Education:

Inns of Court School of Law, 1993-1994

Common Professional Examination, 1992-1993

Corpus Christi College, Oxford, 1989-1992 (Mathematics and Philosophy)