Contact Us

5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk

Alan Payne

YEAR OF CALL 1996

Background:

Having read law at the London School of Economics, Alan was called to the Bar by Middle Temple in 1996. Upon completion of pupillage, he accepted tenancy with 1 Harcourt Buildings. In 2005 he moved to 5 Essex Court.

Alan was appointed to Attorney General’s B Panel of Civil Litigation in 2007 and is Developed Vetted.

Although specialising primarily in public law and employment law, he accepts instructions in all of chambers’ main practice areas.

Police Law:

Alan acts on behalf of the police in a range of disciplinary matters and detention related claims.

Personal Injury:

Alan has extensive experience advising, principally Government Departments, on a broad range of personal injury matters ranging from manual handling claims to claims involving injuries arising from the Iraq war, or from detention in Guantanamo.

Public Law

Alan acts principally for public authorities; with an emphasis on immigration and human rights. He is recommended as a leading junior in the fields of human rights and immigration law in the Legal 500 (since 2006), in Legal Experts (since 2007) and in Immigration law in Chambers and Partners in 2010.

Employment

Alan has extensive experience, both in the employment tribunal and EAT, acting primarily for the Respondent, in a wide variety of claims involving discrimination (all types), unlawful deduction of wages, unfair dismissal, equal pay, WTR, TUPE. He has also acted in a number of cases focusing on post termination restraints (both obtaining and resisting injunctions).

Noteworthy cases include acting on behalf of the Respondent in:
o DEFRA v Huish and Robertson [2005] IRLR 363;
o Chelsea F. C. in the case involving the dismissal of Mark Bosnich;
o Fulham F.C. in the case brought by Jean Tigana (employment tribunal/EAT).

Alan helped draft the employees’ handbook for Chelsea F.C.

He is also the co-author of Tolley’s Employment Tribunals Handbook – first published in October 2002. The 2nd edition (published by Tottels) came out in August 2005. The third edition is currently being drafted.

Other areas of expertise include:

o Customs and Excise and, in particular, VAT disputes and MTIC fraud;

o Challenges to:

pension related decisions, including decisions of the Pensions Ombudsman and the Fire Brigade;
investigations and/or other decisions of the IPCC;
decisions of local authorities before care tribunals; and

o Inquests.

Recent cases include representing:

the Security Services in the Inquest into the death of Diana, Princess of Wales and Mr Dodi Al Fayed;

the Secretary of State in:

o OO (Jordan) v. SSHD [2009] UKHL 10.
o R (ota Hussein) v SSHD [2009] EWHC 2506
o Ruhul Anam v SSHD [2009] EWHC 2496
o SSHD v. Osman Omar [2009] EWCA Civ 383
o AA(Iran v SSHD [2009] EWCA Civ 705
o SSHD v (1) AT and (2) AW [2009] EWHC 512
o BA (Kosovo) v SSHD [2009] EWCA 254
o TK(Burundi) v SSHD [2009] EWCA Civ 40
o ZH (Bangladesh) v SSHD [2009] EWCA Civ 8
o MM (Iran) v SSHD [2009] EWCA Civ 1264
o NB (Ghana) v SSHD [2008] EWCA Civ 1201
o AE v SSHD [2008] EWHC 1743
o TG (Central African Republic) v SSHD [2009] EWCA Civ 997

Older cases includes acting for the mothers in Re B (A CHILD) sub nom in Re Vaccination/MMR Litigation (2003) 2 FLR 1095; G v. SSHD Times December 15 2004 2004 (application of Dublin Regulations to unaccompanied minors), Bekteshi v. IAT [2004] EWHC 803 (fresh claim in light of suicide risk), Gashi (Agim) v. IAT [2004] EWHC 680 (rationality of IAT’s refusal fresh of leave to appeal), Hossein Ali (Jalal) v. SSHD [2005] EWHC 111 (fresh claim in light of suicide risk applicant), R (on the application of H) v SSHD [2005] EWHC 1702 (Admin) (unlawful detention), Hamidreza Djassebi v. SSHD [2005] EWHC 2298 (safe third country removal of suicide risk applicant), A v SSHD [2005] EWHC 3354 (application of Dublin Regulations to unaccompanied minors), Aksu v SSHD [2006]EWHC 1382 (Admin) (Turkish ECAA application).

Commercial/Civil

Commercial disputes involving breach of directors fiduciary duties/trust, arbitrations (contractual disputes involving the outsourced provision of detention centres, removal of failed asylum seekers etc.), contractual disputes involving penalty clauses, enforceability of guarantees, restraints of trade, undue influence, and disputes involving sales of goods and services.

Lectures:

Alan has lectured on a range of matters, including Human Rights issues, Immigration law and Employment law.

Education:

1996 - Bar Vocational Course
1993-1994 - College of Parma Postgraduate University course in EU Law
1990-1993 - London School of Economics
Bachelors Degree in Law (2:1)
1989 - Scholarship for University of Sienna
Diploma in Italian Literature/Language
1985-1989 - Westminster School

Interests:

French/Italian Fluent
Spanish Good

Cycling, tennis, skiing, cooking, reading and traveling.