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  • What the Directories Say

Robert Palmer is a recommended leading junior in Pubic & Administrative Law. Legal 500, 2011

In Education Robert Palmer is recommended as a leading junior. Legal 500, 2011

Legal 500, 2011 states in Environment, that Robert Palmer is 'excellent'."

Immigration (including business immigration) recommends Robert Palmer as a leading junior. Legal 500, 2011

Legal 500, 2011 recommends Robert Palmers as a leading junior in Planning.

Health, safety and environment in the Legal 500, 2010 states that Robert Palmer's 'technical ability is fantastic and he is incisive in his advice'. Under planning and licensing the 'technical and incisive' Robert Palmer 'has appeared in a number of High Court proceedings, including acting for the developer in Phillips v Secretary of State for Communities and Local Government'.

Chambers UK, 2010 states that Robert Palmer "offers "a level of legal analysis that is extremely clever and to the point; he sees things very clearly and can easily manage all the various elements of a case." He recently led an appeal against the refusal of planning permission for a major housing development on a reservoir in Cardiff."

Robert Palmer has been listed as a leading Junior in Education, Immigration and Planning in the Legal 500, 2009 edition.

Chambers UK, 2009 reports that Robert Palmer "possesses an outstanding mind". In 2008 he was also recommended as "a safe pair of hands with attention to detail."

Legal 500, 2008 recommends Robert Palmer as being "brilliant, incisive and highly recommended for judicial review cases", and in immigration law reports that he is "extremely good" and that "[his] practice spans the spectrum of immigration and nationality work".

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ROBERT PALMER

BA (Hons), Oxford (First Class), Diploma in Law (City University)
CALL DATE: 1998

SUMMARY

Robert gained a first class honours degree at St. John's College, Oxford in Philosophy, Politics and Economics (1996), and was President of the Oxford Union (1995). He obtained a Diploma in Law with commendation at City University (1997). At Bar School, he came first in his year and was awarded the Scarman Scholarship, with a grade of "Outstanding" (1998). He was also awarded the Macaskie Award (1998), a Prince of Wales Scholarship (1997) and a Karmel Award (1996) by Gray's Inn. He was appointed to the Attorney General's Junior Counsel to the Crown (A Panel) in 2011, and before that to the B Panel in 2007 and C Panel in 2002.

 

OVERVIEW

Robert Palmer is an experienced litigator in the fields of EU, human rights, and public law. A large proportion of his caseload concerns the cross over between all three of these areas. He has particular expertise in judicial review in the Administrative Court, Court of Appeal, Competition Appeal Tribunal as well as other specialist tribunals in challenges to regulatory decisions.  Robert is vastly experienced in commercial judicial review notably in the financial, telecoms and utilities sectors. In addition he has considerable experience of the cross over between EU law and employment, environmental and immigration law.   

Robert currently has numerous cases pending before the Court of Justice of the European Union (CJEU) and The European Court of Human Rights (ECtHR).

He is a member of the Attorney General's A Panel.

 

RECENT CASES

European law

  • C-12/11 McDonagh (Court of Justice of the European Union (CJEU)):  entitlement to compensation and assistance to passengers in the event of cancellation of flights in extraordinary circumstances.
  • C-257/10 Bergström (CJEU): eligibility for income related childcare benefit on the basis of income earned in Switzerland.
  • C-186/10 Oguz (CJEU): prohibition on Member States introducing new restrictions regarding the admission of Turkish nationals to their territory for the purpose of the exercise of freedom of establishment.
  • C-360/10 SABAM (CJEU): compatibility of a requirement on a internet service provider to filter the information it hosts for third parties with the E-Commerce Directive.
  • C-149/10 Chatzi (CJEU): duration of the parental leave to be granted in the event of the birth of twins.
  • C-386/09 Briot (CJEU): protection of temporary agency workers' rights on transfer of the business to which assigned.
  • C-175/08 Abdullah and Others (CJEU): minimum standards for determining who qualifies for refugee status or for subsidiary protection status. Robert drafted written observations on behalf of the United Kingdom.
  • Sonmez v Secretary of State for the Home Department [2009] EWCA Civ 582: extent and effect of EC "abuse of rights" doctrine.
  • Romantiek Transport BVBA v VOSA [2008] EWCA Civ 534: effect of EC Regulations on road haulage operators licensed in the EU operating in the UK
  • R (BT & TalkTalk) v Secretary of State for Business, Innovation & Skills (Admin Ct): judicial review of the compatibility of the online copyright infringement provisions of the Digital Economy Act 2010 with EU law.

Public law/human rights

  • Currently acting for the United Kingdom in 9 cases before the European Court of Human Rights in Strasbourg.
  • R (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin): Entitlement of the United Kingdom Border Agency to revoke a college's sponsor licence which enabled it to enrol overseas students.
  • MS (Algeria) v Secretary of State for the Home Department [2011] EWCA Civ 306: Entitlement of the Secretary of State to rely on assurances from the Algerian Government concerning an asylum seeker whom the secretary of state was seeking to deport to Algeria when no longer believed to represent a threat to national security.
  • ZY (Turkey) v Secretary of State for the Home Department [2011] EWCA Civ 65: Application of Article 8 ECHR rights in the context of the EC-Turkey Association Agreement.
  • W Algeria & 7 Others v Secretary of State for the Home Department [2010] EWCA Civ 898: whether any irreducible minimum of information had to be provided to appellants in proceedings before the Special Immigration Appeals Commission about the risk they posed to national security.
  • ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060: Refusal of a family permit to a non-EU citizen to join his wife in the United Kingdom on the grounds of abuse of rights
  • RB and U (Algeria) v Home Secretary [2009] UKHL 10: House of Lords challenge to the deportation of suspected terrorists to Algeria with governmental assurances as to respect for their human rights.
  • R (S, H and Q) v Secretary of State for the Home Department [2009] EWCA Civ 142: abuse of power in failing to remedy administrative mistakes in the handling of asylum applications
  • Bigia & Ors v Entry Clearance Officer [2009] EWCA Civ 79: compatibility of regulations on European citizens' family members' rights of entry and residence in the United Kingdom with the European Citizens' Directive.

Environmental law

  • R (Greenpeace Ltd) v Secretary of State for Energy and Climate Change (Administrative Court): pending challenge to the Secretary of State's failure to undertake adequate environmental assessment of deep sea oil drilling projects, following the Deepwater Horizon disaster in the Gulf of Mexico.
  • Western Power Distribution Investments Ltd v Cardiff City Council [2011] EWHC 300 (Admin): challenge to designation of land to Local Nature Reserve
  • Peters v Secretary of State for Communities and Local Government [2009] EWHC 1125 (Admin): effect of Habitat Regulations and Waddenzee on provision of "SANGS" to mitigate effects of housing
  • Parker & Ors v Nottinghamshire County Council & Anor [2009] EWHC 229 (Admin): compatibility of canal towpath with existence of public footway
  • R (Western Power Distribution Ltd) v Countryside Council for Wales [2007] EWHC 50 (Admin): acted for a developer challenging the decision to notify its land as a Site of Special Scientific Interest (SSSIs)

Telecoms

  • Cable & Wireless v Ofcom (CAT & Competition Commission): leased lines price control
  • BT & TalkTalk v Department for Business, Innovation & Skills (Admin Ct): judicial review of the online copyright infringement provisions of the Digital Economy Act 2010.

Employment law

  • English v Thomas Sanderson Ltd [2008] EWCA Civ 1421: concerned the compatibility of the Sexual Orientation Regulations 2003 with the Equal Treatment Framework Directive.
  • Hay v Surrey County Council [2007] EWCA Civ 93: concerned the extent of the obligation on employers to carry out reasonable adjustments within the context of disability discrimination.

Public Procurement

  • Photo-Me International Plc v Secretary of State for Transport (TCC 2011 - pending)
  • B2Net v HM Treasury (sued as Buying Solutions) [2010] EWHC 51 (QB)

 

EMPLOYMENT LAW

Robert's employment law practice includes unfair dismissal, breach of contract, discrimination, and equal pay claims. He has particular expertise in discrimination claims.

  • English v Thomas Sanderson Ltd [2008] EWCA Civ 1421: concerned the compatibility of the Sexual Orientation Regulations 2003 with the Equal Treatment Framework Directive.
  • Hay v Surrey County Council [2007] EWCA Civ 93: concerned the extent of the obligation on employers to carry out reasonable adjustments within the context of disability discrimination.

 

ENVIRONMENTAL LAW

Robert has experience of environmental law both in the High Court and at public local inquiries. He appeared on behalf of developers seeking to challenge the decision of the Countryside Council for Wales to notify a site of special scientific interest and he successfully challenged the decision of the National Assembly for Wales to postpone a public inquiry indefinitely: a success which was almost unprecedented. He also appeared in the well known challenge to the government's consultation on its White Paper on the Future of Air Travel. He regularly represents the Secretary of State for the Environment and the Secretary of State for Local Government and Communities in the Administrative Court and Court of Appeal. He is currently representing Greenpeace in its challenge to the award of licenses to oil companies in respect of deep sea drilling in the North Sea, following the Gulf of Mexico disaster.

  • R (Greenpeace Ltd) v Secretary of State for Energy and Climate Change
  • Western Power Distribution Investments Ltd v Cardiff City Council [2011] EWHC 300 (Admin)
  • Peters v Secretary of State for Communities and Local Government [2009] EWHC 1125 (Admin): effect of Habitat Regulations and Waddenzee on provision of "SANGS" to mitigate effects of housing
  • Parker & Ors v Nottinghamshire County Council & Anor [2009] EWHC 229 (Admin): compatibility of canal towpath with existence of public footway
  • R (Western Power Distribution Ltd) v Countryside Council for Wales: judicial review claim by a developer challenging the decision to notify its land as a Site of Special Scientific Interest (SSSI).
  • R (Fairstate Ltd) v First Secretary of State, CA: judicial review claim concerning loss of lawful development rights in Central London.
  • R (on the application of Mount Cook Land Ltd and another) v Westminster City Council, CA: judicial review claim by land owner of Council sponsored development scheme off Oxford Street.
  • R (on the application of Medway Council and others) v Secretary of State for Transport: judicial review challenge to the government's consultation on its White Paper on the Future of Air Transport.

 

 

EUROPEAN LAW

Robert's practice spans a wide array of European law matters, including environmental, transport, freedom of movement and employment law.

  • Sonmez v Secretary of State for the Home Department [2009] EWCA Civ 582: extent and effect of EC "abuse of rights" doctrine
  • Romantiek Transport BVBA v VOSA [2008] EWCA Civ 534: effect of EC Regulations on road haulage operators licensed in the EU operating in the UK.
  • KG and AK (Sri Lanka) v Home Secretary, CA: compatibility of regulations on European citizens' family members' rights of entry and residence in the United Kingdom with the European Citizens' Directive.
  • English v Thomas Sanderson Ltd [2008] EWCA Civ 1421: concerned the compatibility of the Sexual Orientation Regulations 2003 with the Equal Treatment Framework Directive.

 

FINANCIAL SERVICES REGULATION

At the outset of his practice, Robert was seconded for three months to the Personal Investment Authority (PIA) before its incorporation into the Financial Services Authority, dealing with the compensation scheme for the mis-selling of mortgage endowments. Since then Robert has regularly advised and represented clients across the spectrum of financial regulation particularly on a number of FSA-related applications for judicial review, including issues as to the scope of application of the Perimeter Guidance (PERG) in the insurance market, the FSA's "Principles for Businesses" (PRIN) and "Treat Customers Fairly" (TCF).

 

PROCUREMENT LAW

Robert advises and appears for tenderers and contracting authorities in all types of procurement matters.  These include preparing for and appearing at injunctive hearings, claims for damages and associated judicial review claims.  He has also advised central government departments on high value procurements, including the government's IT framework agreement. Robert has particular experience of the application of the 2007 ECJ case of Jean Auroux v Commune de Roanne, Case 220/05 and it's impact on Public Procurement and Land Development Agreements, in particular section 106 Agreements, and has advised major developers, supermarkets and local authorities on this issue. 

He is a member of the Procurement Lawyers' Association working  group which delivered a paper entitled "Implications of Auroux decision to public works contracts and development agreements".

Recent cases include:

  • Photo-Me International plc v Secretary of State for Transport (sued as DVLA)
  • B2Net v HM Treasury (sued as Buying Solutions) [2010] EWHC 51 (QB)

 

PUBLIC LAW & HUMAN RIGHTS

Recent human rights cases have included acting on behalf of the government in the House of Lords in the challenge to the controversial "deportation with assurances" programme, and to the use of "closed evidence" to support the deportation of those believed to present a threat to national security. Robert has also recently defended a claim under the Human Rights Act for a declaration of incompatibility with Article 6 in respect of the six week limitation period commonly applicable in statutory appeals from local government decisions and orders.

Robert also handles cases across the full breadth of immigration and nationality work, with particular emphasis on EU freedom of movement law, and national security work. Leading cases include KG and AK (Sri Lanka) v SSHD [2008] EWCA Civ 13 and Bigia v SSHD [2009] EWCA Civ 79, in which Robert succeeded in defending the government's implementation of the EU "Citizen's Directive" in the EEA (Immigration) Regulations 2006, and Sonmez v SSHD [2009] EWCA Civ 582, in which Robert succeeded in defending the government's approach to its obligations under the EC-Turkey Association Agreement by reference to the EC doctrine of abuse of rights. Robert also appeared for the government in the leading AIT authority on the interpretation of the provision in the EU "Qualification Directive" for humanitarian protection of those at risk from indiscriminate violence in armed conflicts. National security work includes multiple appearances in SIAC.

  • RB and U (Algeria) v Home Secretary: House of Lords challenge to the deportation of suspected terrorists to Algeria with governmental assurances as to respect for their human rights.
  • Sonmez v Secretary of State for the Home Department [2009] EWCA Civ 582: extent and effect of EC "abuse of rights" doctrine
  • R (S, H and Q) v Secretary of State for the Home Department [2009] EWCA Civ 142: abuse of power in failing to remedy administrative mistakes in the handling of asylum applications
  • Bigia & Ors v Entry Clearance Officer [2009] EWCA Civ 79: compatibility of regulations on European citizens' family members' rights of entry and residence in the United Kingdom with the European Citizens' Directive.
  • KG and AK (Sri Lanka) v Home Secretary, CA: compatibility of regulations on European citizens' family members' rights of entry and residence in the United Kingdom with the European Citizens' Directive.
  • MN (India) v Entry Clearance Officer (New Delhi) v Secretary of State for the Home Department, CA: challenge to rules on admission of adopted children.
  • KG (Sri Lanka) v Home Secretary, CA: retrospective effect of change in regulations.
  • MT (Algeria) & Ors v Home Secretary, CA: human rights challenge to government's deportation with assurances programme.
  • R (LF (Turkey)) v Home Secretary, CA: application of EU abuse of rights doctrine to EC-Turkey Association Agreement.
  • R (Derwent Holdings Ltd) v Liverpool City Council: Article 6 human rights challenge to limited ouster clause barring judicial review claim.

 

PUBLICATIONS AND LECTURES

  • Community Care: NHS Continuing Care (2007)
  • Protection of Children and Vulnerable Adults (2006)
  • School Admission Appeals and Disability Discrimination (2005)
  • School Reorganisation (2004)
  • Updates on Discrimination Law (2004, 2003)
  • Mount Cook 2: An analysis [2004] Judicial Review 55
  • Halsbury's Laws, Local Government (Contributor, 2003)

 

LANGUAGES

French (intermediate)