Piers Gardner

MA(Oxon)
Call date: 2000

Summary

Piers transferred to the Bar in 2000, after over 20 years experience as a solicitor, in the City, at the European Commission Human Rights and as Director of the British Institute of International & Comparative Law.

He has developed a detailed knowledge of all aspects of the European Convention on Human Rights, together with other European treaty based law, and its operation in domestic and international law. He has dealt in particular with cases concerning the application of the ECHR to commercial, investigatory and tax matters and the interaction of international and domestic proceedings, often in several jurisdictions at once.

This unusual transnational practice has involved cases concerning 18 European countries apart from the UK, plus Australia, the Bahamas, Channel Islands, Gibraltar, Isle of Man, Hong Kong, the Turcs and Caicos and the USA. Key features have been the protection of confidentiality, particularly in commercial and tax matters, extradition, evidence gathering and mutual assistance.

Major Cases

  • R (application of Hafner) v City of Westminster Magistratess Court [2008] EWHC 524 Admin, first interpretation of the extent of Article 8 rightsof an intervener to privacy
  • Georgia v Russia (EurCtHR 13255/07): fourth inter State case ever lodged before the European Court of Human Rights and the first before the permanent court.
  • Miller v UK (Miller v Miller [2006] UKHL 24): concerns the monetary award to a spouse in a very high value divorce and the adequacy of the reasoning of the High Court, Court of Appeal and House of Lords
  • Craxi v Italy (No 25337/94, 17 July 2003): telephone surveillance; public access to trial records; privacy of public figures' conversations
  • Yukos Oil Company v Russia: (No 14902/04): corporate tax and expropriation (Art 1 FP)
    Key public cases: R (Department of Trade and Industry) v Kansal 29 November 2001, (HL), [2001]UKHL 62. Intervention (written and oral) for Lyons, Ronson and Parnes: retrospective effect: sections 3(1), 6, 7(6) and 22(4) Human Rights Act 1998
  • R v I J Lyons (CA) and R v Criminal Cases Review Commission, ex parte the Director of the Serious Fraud Office (public law) [2001] EWCA Crim 1828 Right to silence, compulsorily acquired evidence; finding of a violation of the right to a fair trial by the European Court; consequences
  • IJL, GMR and AKP v the United Kingdom [Eur Ct HR judgment of 19 September 2000 33 EHRR 11] Guinness trial. Self incrimination; ss 434 ff Companies Act; DTI Inspectors; right to silence; fair trial (Art 6)
  • Craxi v Italy [25337/94, Eur Ct HR 14/10/96 and 7/12/2000, HuridocRef 0005991]: Telephone surveillance; public access to trial records; privacy of public figures' conversations (Arts 6 and 8)
  • Creative Direct Marketing and others v Belgium [Eur Ct HR No 25337/94, 17 July 2003] Direct marketing activities for child relief charities; commercial free speech, information for educational and fund raising purposes; restrictions (Arts 6, 8, 10,11 and 1 of Protocol 1)