Martin Chamberlain’s Full CV

Qualifications & Awards

BA (Philosophy, Politics & Economics, Oxford, First Class), Diploma in Law (City University, Distinction), BCL (Oxford, First Class), Bar Vocational Course (Inns of Court School of Law, Outstanding)

Eldon Scholar (Oxford University), Queen Mother's Fund Scholar (Middle Temple)

Human Rights & Public Law Junior of the Year, Chambers Bar Awards, 2011

Practice Profile

Martin Chamberlain is recognised by the main directories as a top-ranked junior in Administrative & Public Law. He is also recommended as a leading junior for Human Rights/Civil Liberties. He acts and advises in commercial and regulatory judicial review claims and appeals in financial services, environmental law, aviation, healthcare, pensions, pharmaceuticals, telecoms & transport and in human rights challenges for commercial clients and for professional and public interest bodies and individuals. He appears regularly for governmental and other public bodies in a wide range of public law & human rights matters including in the fields of education, local government and equality & discrimination. Martin is currently instructed in a number of matters before the European Court of Human Rights and has experience of EU law, both in the English courts and in the European courts. He also undertakes commercial and employment work.

Martin is a member of the Attorney General's A Panel of Junior Counsel to the Crown and the Treasury Solicitor's Freedom of Information Panel. He is a member of the Equality and Human Rights Commission's Preferred Counsel Panel.

Legal Directory Comments

  • described as a "star in the making, "and draws approbation for his capacity for explaining highly technical issues with clarity and concision" (Chambers UK, 2012)
  • the set's ace in the pack among the juniors is Martin Chamberlain (Chambers UK, 2012)
  • sources admire his "first-class mind and the complete focus he brings to a case," adding that "he is consistently excellent in all he does." (Chambers UK, 2012)
  • he is easy to work with and has thorough judgement, knowing which arguments to run and which not to." One solicitor commented: "He is destined for fantastic things." (Chambers UK, 2012)
  • ‘wins over judges with persuasive oral submissions' (Legal 500, 2011)
  • ‘excellent' and singled out for his experience. (Legal 500, 2011)
  • extremely highly regarded for his capacity to explain complex matters very clearly" (Chambers UK, 2011)
  • exceptionally intelligent, impressive in the clarity of his advice, extremely user-friendly and hard-working (Chambers UK, 2011)
  • highly intelligent and consistently gives strong and clear advice on all public law issues (Chambers UK, 2010)
  • calm approach engenders confidence in his clients (Chambers UK, 2010)
  • well regarded as he ‘quickly sees the heart of the problem' (Legal 500, 2009)

Important Cases

Commercial and regulatory judicial review and appeals

  • BAA v Competition Commission. Instructed by Herbert Smith for BAA seeking review of the decision to require it to sell Stansted Airport. Case currently before the Competition Appeal Tribunal.
  • Case C-366/10 Air Transport Association of America. Instructed by Freshfields for the ATA challenging the extension of the EU carbon trading scheme to aviation. Case currently before the Grand Chamber of the Court of Justice of the EU in Luxembourg.
  • Instructed by the Mayor of London defending challenges by Tottenham Hotspur and Leyton Orient to the decision to select West Ham as preferred bidder for the lease of the Olympic Stadium. Claims withdrawn.
  • Northern Rock Applicants v Caldwell [2011] UKUT 408 (TCC). Instructed by Mayer Brown for the Independent Valuer of Northern Rock successfully defending the nil valuation of the shares in Northern Rock from a challenge on public law and human rights grounds worth (according to the appellants) more than £1bn.
  • R (JBOL Ltd) v Health Protection Agency [2011] EWHC 236 (Admin). Instructed by the HPA successfully defending a challenge to its guidance on the microbiological analysis of urine.
  • Servier Laboratories Ltd v NICE [2010] EWCA Civ 346 and [2009] EWHC 281 (Admin), (2009) 108 BMLR 1. Instructed by Bristows for a pharmaceutical company successfully challenging NICE's decision in relation to the efficacy of its osteoporosis drug (in the Court of Appeal) and in relation to the disclosure of information regarding its economic model (in the Admin Ct)
  • Instructed by Freshfields for Lufthansa in relation to regulatory issues arising in its dispute (ultimately settled) with Sir Michael Bishop over the ownership BMI (May-June 2009)
  • Norris v Government of the United States of America and others [2008] 1 AC 920 (House of Lords) and [2010] 2 AC 487 (Supreme Court). Instructed by White & Case for Ian Norris, the appellant, challenging his extradition to the USA on charges of running a price-fixing cartel and of obstructing justice.
  • National Grid Gas plc v Environment Agency [2007] 1 WLR 1780 (House of Lords). Instructed by Pinsent Masons for gas supplier National Grid in its successful judicial review challenge to the Environment Agency's decision in relation to liability to remediate contaminated land .
  • Yukos v FSA, London Stock Exchange & Rosneft [2006] EWHC 2044 (Admin). Instructed by Cleary Gottlieb for Russian oil company Rosneft successfully resisting Yukos' judicial review application to prevent the admission of Rosneft's securities to listing and trading on the London Stock Exchange.

Human Rights & Civil Liberties

  • Instructed by the Russian Government defending a major inter-state human rights claim by the Government of Georgia. Case currently before the Grand Chamber of the European Court of Human Rights in Luxembourg.
  • Instructed by the UK Government defending a challenge to the prohibition on political advertising on freedom of expression grounds. Case currently before the Grand Chamber of the European Court of Human Rights in Strasbourg
  • R (G) v Governors of X School [2011] 3 WLR 237 (Supreme Court). Instructed for the (successful) Home Office in a landmark case about the procedural rights under article 6 ECHR of teachers accused of sexual misconduct with children.
  • Stewart v Secretary of State for Work and Pensions [2011] EWCA Civ 907. Instructed for the (successful) DWP in this leading case on the application of art. 14 ECHR to welfare benefits.
  • Hereward & Foster v Legal Services Commission [2010] EWHC 3370 (Admin). Instructed for the LSC successfully resisting a sex discrimination challenge to scoring criteria for the award of contracts for publicly funded legal services.
  • Zagorski v Business Secretary [2010] EWHC 3110 (Admin). Appeared as lead counsel for the Government resisting a human rights claim by US death row prisoners seeking to establish a duty to impose export controls on sodium thiopental.
  • Abu Hamza v Home Secretary. Appeared as Special Advocate for Abu Hamza in his appeal to SIAC, challenging the decision to strip him of his UK Citizenship.
  • Bank Mellat v HM Treasury [2010] EWCA Civ 483 and [2010] EWHC 1332 (QB). Instructed as lead Special Advocate challenging the imposition of financial restrictions on a bank suspected of facilitating Iranian nuclear proliferation.
  • AW v Home Secretary [2009] EWHC 512 (Admin). Appeared as lead Special Advocate for terrorist suspect AW, whose control order was quashed because the material before the Home Secretary was materially misleading.
  • RB & U v Home Secretary [2009] 2 WLR 512. Appeared in the House of Lords as Special Advocate for two terrorist suspects challenging their deportation to Algeria.
  • R (Animal Defenders International) v Culture, Media and Sport Secretary [2008] 1 AC 1312 (House of Lords). Junior to David Pannick QC successfully defending the ban on political advertising as compatible with Article 10 ECHR.
  • Home Secretary v Lord Alton of Liverpool, The Times, 13 May 2008. Junior Special Advocate for a group of Parliamentarians successfully challenging the proscription under the Terrorism Act 2000 of the Iranian opposition group the People's Mojahedin Organisation of Iran.
  • R (Dimmock) v Education Secretary [2008] 1 All ER 367. Acted for the Education Secretary defending a challenge to the decision to send copies of Al Gore's film An Inconvenient Truth to schools in England and Wales.
  • R (Prolife Alliance) v BBC [2004] 1 AC 185. Appeared for a small political party asserting its right to an uncensored party political broadcast. This is now a leading case on the scope of the right to freedom of expression (Article 10 ECHR) in the broadcasting arena.

Local authority, environmental and transport 

  • Currently instructed for the Energy and Climate Change Secretary resisting Greenpeace's challenge to decisions in relation to deep sea oil drilling off Shetland.
  • Tate & Lyle v Energy and Climate Change Secretary [2010] EWHC 2750 (Admin). Sucessfully resisted a challenge to the Government's scheme for incentivising renewable energy.
  • Global Knafaim Leasing v CAA et al. [2010] EWHC 1348 (Admin). Instructed for the Transport Secretary successfully resisting a claim for declarations of incompatibility in relation to legislation relating to the detention of aircraft.
  • R (Hillingdon LBC) v Transport Secretary [2010] EWHC 1001 (Admin). Instructed for Transport for London supporting the successful challenge to the Government's decision to support a third runway at Heathrow
  • R (Wandsworth LBC) v Transport Secretary [2008] EWHC 1292 (Admin). Instructed for the Government successfully resisting a challenge to the lawfulness of the night noise regime at Heathrow.
  • Heathrow Airport Ltd v Garman and others [2007] EWHC 1957 (QB). Appeared for Transport for London successfully resisting a wide-ranging injunction to prevent threatened environmental protests at Heathrow Airport.

Constitutional law

  • OGC v Information Commissioner, March 2008. Appeared for the Speaker of the House of Commons in this leading case on the Freedom of Information Act and Parliamentary privilege.
  • Jackson v HM Attorney General [2006] 1 AC 262. House of Lords, October 2005: Acted for 3 members of the Countryside Alliance challenging the validity of the Parliament Act 1949 and the Hunting Act 2005 before 9 Law Lords.

European Union Law

  • Case C-366/10 Air Transport Association of America. Instructed by Freshfields for the ATA challenging the extension of the EU carbon trading scheme to aviation. Case currently before the Grand Chamber of the Court of Justice of the EU in Luxembourg.
  • Acted for the GSM Association in the domestic stages of the challenge to the Roaming Regulation.
  • Case C-145/04 Spain v UK [2006] ECR I-7917 (ECJ, Grand Chamber). Junior to the Attorney General resisting Spain's complaint that the UK has no right to extend the franchise in European Parliament elections to non-nationals.
  • Case C-192/05 Tas-Hagen [2006] ECR I-451 (ECJ). Acted for the UK Government in a case concerning the scope of the citizenship provisions in Article 18 EC.
  • R (Theophilus) v Education Secretary, [2002] 3 All ER 851. Acted for the Education Secretary in challenge re power of local authorities to make grants to students, compatibility of student grant rules with Article 49 EC.
  • Case C-172/2001P International Power plc v NALOO [2003] ECR I-11421 (ECJ). Junior to David Anderson QC for International Power in an appeal from the CFI in relation to the application of the European Coal and Steel Treaty rules to a price discrimination complaint.

Commercial/employment/discrimination

  • Attrill et al. v Dresdner Kleinwort Ltd [2010] EWHC 1249 (QB) and [2011] EWCA Civ 229. Instructed as junior to Jonathan Sumption QC and Tom Linden QC for a leading bank defending claims by two groups of ex-employees for payments by way of discretionary bonus.
  • Randall & Berllaque v MOD (Gibraltar Court of Appeal, September 2009). Appeared as lead counsel for the successful MOD in an employment dispute involving two members of the Gibraltar Services Police.
  • R (Elias) v Defence Secretary [2006] 1 WLR 3213. Appeared as junior to Philip Sales QC for the Government defending a race discrimination challenge to the ex gratia compensation scheme for Far-Eastern Prisoners of War.
  • Experience of acting in race, sex, religious and disability discrimination claims in the Employment Tribunal, County Court and Admin Ct.
  • Experience of employment-related confidence claims.

Other work

  • Regular appearances in the Administrative Court and Court of Appeal in mental health, social security and immigration cases and in healthcare disciplinary appeals.
  • Experience of freedom of information appeals.
  • Experience of advising and acting for applicants and for the UK Government in human rights challenges before the European Court of Human Rights.
  • Advocacy before a range of courts and tribunals including the Special Immigration Appeals Commission, Proscribed Organisations Appeal Commission, Investigatory Powers Tribunal, Employment Tribunals, Care Standards Tribunal, Asylum and Immigration Tribunal, Transport Tribunal, Social Security Commissioners and Mental Health Review Tribunals.

Publications

  • One of the Editors of the White Book.
  • ‘Case Note: Al Rawi v Security Service and Home Office v Tariq' [2011] Civil Justice Quarterly 30(4), 360-366.
  • ‘Update on Fairness in Closed Proceedings', [2009] Civil Justice Quarterly 28(4), 448-453.
  • ‘Special Advocates and Fairness in Closed Proceedings', [2009] Civil Justice Quarterly 28(3), 314-326.
  • ‘Kehoe and the Enforcement of Child Maintenance Rights', [2006] Civil Justice Quarterly 25 (Apr), 142-145.
  • ‘Immigration Appeals and the Rule of Law: A Very Dicey Argument', [2004] Judicial Review, 112-118.
  • ‘Democracy and Deference in Resource Allocation Cases: A Riposte to Lord Hoffmann', [2003] Judicial Review, 12-20.

Lecturing, pro bono etc.

  • Regular lecturer on public law, human rights, EU law and national security proceedings.
  • Gave oral evidence to the Constitutional Affairs Committee of the House of Commons and the Joint Committee on Human Rights on control order and deportation proceedings.
  • Reviewer for the Bar Pro Bono Unit.
  • Panel member for Aid for International Development (A4ID).