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JAMES EADIE QC Brief Career History

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JAMES EADIE QC Brief Career History JAMES EADIE QC Called to Bar: 1984 Appointed to silk: 2008 Degree: MA: Magdalene College, Cambridge, 1986 Languages: French (working knowledge) Appointments: Historic: Junior Counsel to the Crown, Common Law (“A” Panel) (1997-2008); First Current: Treasury Counsel (“Treasury Devil”) (2009-) Practice areas: Public Law; Human Rights/Civil Liberties; Financial Services Regulation and other Regulatory proceedings; General Commercial litigation James is recommended as a leading silk in the independent legal directories. Chambers UK 2011 • Administrative & Public law – “he is a highly persuasive advocate and an exceptional public lawyer” • Financial Services – “personable, sharp and has incredibly in-depth knowledge of financial services” • Human Rights & Civil Liberties – “extremely smart, pragmatic and charming” Legal 500 2010 • Administrative & Public law – “incredibly good at juggling huge numbers of balls” • Banking & Finance – “charming and incisive” • Human Rights & Civil Liberties James was named in The Times Law 100 2009 and 2010 listing the most influential lawyers in Britain. Brief Career History James Eadie QC was appointed First Treasury Counsel in January 2009, breaking the tradition of appointing Junior Counsel to this role. In the profession, he is called the ‘Treasury Devil’. As such, he is the QC to whom the Government turn first for their major pieces of advice and litigation. Blackstone Cham bers, Blackstone H ouse, Tem ple, London EC4Y 9BW Tel: +44(0)20-7583 1770 Fax: +44(0)20-7822 7350 Em ail: clerks@ blackstonecham bers.com Page 1/10 Revised January 2011 In the last year he has advised the Government across the range of Government activity from the financial crisis, to terrorism, to the legal fall out of military operations, to the environment. He has acted in major litigation (frequently in the Supreme Court and European Court of Human Rights), including issues concerning: • the reach of the ECHR onto the battlefield in Iraq (R (Catherine Smith) v Oxfordshire Coroner [2010] UKSC 29; and Al-Skeini & Al-Jedda v the UK before the Grand Chamber of the European Court of Human Rights); • whether the transfer of prisoners held by British forces in Afghanistan to the Afghan Security Service was lawful, applying the test set out in Article 3 ECHR (R (Evans) v Secretary of State for Defence [2010] EWHC 1445 (Admin); • whether there should be a public inquiry into the allegations of ill-treatment of detainees in Iraq by British forces applying the principles in the Article 2 and Article 3 ECHR jurisprudence (R (Mousa) v Secretary of State for Defence [2010] EWHC 3304 (Admin); • whether the Security Service can rely on evidence given in closed session in the 7/7 bombings inquest (R (Secretary of State for the Home Department) v Coroner for Inner West London [2010] EWHC 3098 (Admin)); • whether the Emergency Budget of June 2010 should be quashed for alleged failure adequately to conduct discrimination assessments of the impact on women: Fawcett Society v HM Treasury, decision on permission December 2010; • whether declarations of incompatibility with Article 3 of Protocol No. 1 of the ECHR should be made in relation to the right of prisoners to vote (Chester v Secretary of State for Justice [2010] EWCA Civ 1439); • whether EU law claims for damages can be mounted for judicial error (Cooper v AG [2010] EWCA Civ 464); • whether the system for dealing with costs in environmental cases is ‘prohibitively expensive’ under the Aarhuis Convention and EU law: R (Edwards) v Environment Agency [2010] UKSC 57; • whether the Secretary of State for Health had power without further consultation to reform the NHS (R (Unison) v Secretary of State for Health [2010] EWHC 2655 (Admin); • whether Jon Venables new identity should be revealed to the press following his conviction on child pornography charges: R v Venables, 30 July 2010; • whether a Muslim preacher could be excluded from the UK on the basis of his radical views: Naik v Home Secretary [2010] EWHC 2825 (Admin); • the ECHR compatibility of the IPT’s procedures with Article 6 ECHR: Kennedy v the UK; • whether closed evidence can be used in defence of a discrimination claim arising out of a security vetting of a civil servant compatibly with common law and/or Article 6 ECHR (Tariq v Home Office [2010] EWCA Civ 462; in the Supreme Court in January 2011); • whether Abu Hamza and others can be extradited to the US compatibly with their Article 3 ECHR rights: Ahmad v the United Kingdom; • whether Sharon Shoesmith was treated unlawfully in her removal from office (R (Shoesmith) v Ofsted [2010] EWHC 852 (Admin); Blackstone Cham bers, Blackstone H ouse, Tem ple, London EC4Y 9BW Tel: +44(0)20-7583 1770 Fax: +44(0)20-7822 7350 Em ail: clerks@ blackstonecham bers.com Page 2/10 Revised January 2011 • whether the names of convicted minors could be maintained on the sex offenders register indefinitely compatibly with Article 8 ECHR (R (F) v Secretary of State for the Home Department [2010] UKSC 17); • whether judicial review could be mounted, and if so in what circumstances, from the refusal of permission to appeal by the Upper Tribunal under the new Tribunals system (R (C) v Upper Tribunal [2010] 2 WLR 1012, in the Supreme Court in March 2011); • whether the Secretary of State for Local Government could revoke parts of the planning system using powers contained in the current legislation: R (Cala Homes) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); • whether the DWP could reclaim benefits overpaid by way of common law restitutionary claim: R (CPAG) v Secretary of State for Work and Pensions [2010] UKSC 54; • the compatibility with the ECHR of enhanced criminal record checks (R (L) v Metropolitan Police [2010] 1 AC 410 (HL) • whether the Chief Justice of Gibraltar should be removed from office: [2009] UKPC 43 In early 2011, James will be involved in the challenge by Max Moseley to the English law of privacy before the European Court of Human Rights; challenges in the Supreme Court to the continued retention of DNA and fingerprint data (GC and C v Metropolitan Police); and the appeals to the Supreme Court relating to the new Tribunals structure (R (C)); and closed evidence (Tariq v Home Office). Prior to his appointment as First Treasury Counsel, he acted for private clients and on numerous occasions for the range of Government departments and a variety of financial and other regulatory authorities. He also advises and acts in public inquiries. Public & Administrative Law James has appeared regularly in major judicial review actions many with ECHR issues at their heart. He has acted both for private clients and for the range of Government departments. For examples of recent reported cases in the last year, see Section A above. In more detail, and including cases beyond the last year examples of James’ work include the following. Public/commercial He has acted both for and against a variety of financial and other regulatory authorities (including in particular the FSA, and a number of foreign financial regulators). Blackstone Cham bers, Blackstone H ouse, Tem ple, London EC4Y 9BW Tel: +44(0)20-7583 1770 Fax: +44(0)20-7822 7350 Em ail: clerks@ blackstonecham bers.com Page 3/10 Revised January 2011 • He has provided frequent advice to HM Treasury on different aspects of the financial crisis. • He has acted for the FSA in relation to “Northern Rock”; and in relation to a major mis-selling investigation. • He acted for one of the principal distributors and handlers of cash in the UK in a major investigation conducted by the Bank of England under the Note Circulation Scheme. • He acted as lead UK counsel for Shell in relation to the FSA’s investigation into the reserves reporting misstatements (market abuse). He was also instructed to act for the Group Reserves Auditor personally in the FSA market abuse proceedings which ended in discontinuance before the Regulatory Decisions Committee in November 2005. • He has acted in cases concerning breaches of the listing rules; the financial promotions regime under the FSMA 2000; and market authorisations. • He has acted for an oil company in AIM Disciplinary proceedings relating to alleged late/misleading disclosure to the market of information. • He acted for a director of British Airways in the OFT price-fixing investigation. He has advised on and appeared in cases involving pharmaceutical and medical regulatory issues. • He has acted frequently in major litigation involving the NHS, including recently on the Unison challenge to the re-organisation of the NHS and the Mid- Staffordshire public inquiry. • He has frequently acted and advised in relation to various aspects of the medicines regulatory regime, including for the Department of Health and the MHRA. He acted (for the investigated person) in a major MHRA investigation into the effects of anti-depressant drugs on adolescents and children. • He acted for and against the General Medical Council. • Acting for the MHRA he secured the first finding of contempt of court (punished by imprisonment) by an individual and companies for the unauthorised marketing and supply of prescription only medicines (Viagra). He deals with cases in the telecommunications and utilities fields. • He has advised Sky in relation to the regulatory issues arising out of a recent purchase of a stake in another broadcaster; and on a series of telecommunications issues in the Bahamas. • He has acted for a major water company in relation to fine proceedings brought by Ofwat. Public inquiries and inquests He has advised and acted in a number of public inquiries and high profile inquests. • He is acting for the Security Service in the 7/7 inquests. • He acted as counsel for the Government of Gibraltar in the Tribunal hearings into whether the Chief Justice of Gibraltar should be removed from office.
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