Eric is a member of the Equality and Human Rights Commission’s A Panel of Counsel. He appears for and advises individuals, NGOs, companies, public bodies and central government departments regarding a very wide range of human rights issues and is currently instructed in a number of cases pending before the European Court of Human Rights. He has particular expertise in cases involving national security, surveillance, digital rights, privacy and freedom of expression.

Cases

His recent work includes:

• Advising a foreign company on its liability under international human rights law and the UN Guiding Principles on Business and Human Rights following the government crackdown on protests in Bangladesh in July-August 2024.
• Advising a Council of Europe Member State on the compatibility of measures to decriminalize cannabis under the 1961 Single Convention on Narcotics Drugs and the 1971 Convention on Psychotropic Substances.
• Various Claimants v Home Office (King’s Bench Division, KB-2023-003633) – acting for multiple claimants who were strip-searched and their phones unlawfully seized by the Home Office in breach of articles 3 and 8 ECHR as part of its efforts to halt the arrival of asylum seekers in small boats.
• Telegram Messenger LLP v Russia (no 13232/18) – acting for a coalition of international human rights and digital rights organisations in an intervention before the European Court of Human Rights in a complaint by the social messaging app Telegram against its blocking by the Russian authorities due to its refusal to remove end-to-end encryption of its users’ private messages, contrary to article 10 ECHR.
• R (M) v Chief Constable of Sussex Police [2021] EWCA Civ 42 – acting for the Appellant, a vulnerable young person at risk of sexual exploitation, in a challenge under article 8 ECHR and data protection law to an Information Sharing Agreement between Sussex Police and a Business Crime Reduction Partnership for the sharing of personal data, including that of minors.
• Big Brother Watch v United Kingdom [2021] ECHR 439 – acting for Liberty, the ACLU, and 5 other international human rights groups – and for Article 19 as intervener before the Grand Chamber – in the first successful challenge to mass interception of communications and collection of communications data by the UK intelligence services in the post-Snowden
• R (Bridges) v Chief Constable of South Wales Police & Ors [2020] EWHC EWCA 2341 (Admin) – acting for the Information Commissioner (led by Gerry Facenna KC) in a successful intervention in Liberty’s appeal under article 8 ECHR and data protection law against the police’s use of Automated Facial Recognition cameras – the world’s first appeal concerning AFR.
• R (Michael) v HMP Whitemoor & Anor [2020] EWCA Civ 29 – acting for the Respondents in the very first challenge to the use of video link in civil cases before the Court of Appeal, successfully defending the compatibility of video link hearings with the right to a fair hearing under article 6 ECHR.

Eric is co-author of the 5th edition of Blackstone’s Guide to the Freedom of Information Act (OUP, 2013) and regularly appears for appellants, the Information Commissioner and public authorities in statutory appeals before the Information Tribunal and Upper Tribunal and private law claims in the Media and Communications List of the High Court.

Cases

His recent work includes:

• Maxen Power Supply Ltd v Information Commissioner [2025] UKFTT 1119 (GRC) – acting for the Information Commissioner, successfully resisting the appellant’s appeal against a monetary penalty notice for breaches of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
• Beck & Ors v Police Federation of England and Wales – instructed on behalf of 19,000+ police officers in claims under the GDPR against the Police Federation for loss of control of their personal data, including their home address data. The claims were settled in 2025 for £15 million.
• Cabinet Office v Information Commissioner [2025] UKFTT 291 (GRC) – acting for the Information Commissioner in an appeal against a direction to disclose Cabinet Minutes from early 2020 in relation to the government’s handling of the Covid-19 pandemic.
• Advised the Information Commissioner’s Office on the £3.07 million fine issued against Advanced Computer Software Group Limited in March 2025 for failing to keep personal data secure, the first processor fine under the GDPR in the UK.
• Smith v Information Commissioner [2025] UKUT 74 (AAC) – successfully resisted appeal against refusal of appellant’s application for order under s166 of the Data Protection Act 2018
• Moss v The Upper Tribunal [2024] EWCA Civ 1414 – acting for the Information Commissioner in an appeal concerning non-parties’ access to documents in the Upper Tribunal under the open justice principle.
• Craddock v The Information Commissioner [2024] UKUT 320 (AAC) – successfully resisting an appeal concerning whether information is easily accessible under regulation 6(1)(b) of the Environmental Information Regulations 2004
• Karpichkov v National Crime Agency [2023] EWHC 2653 (KB) – acting for .the Claimant, a former KGB double agent, challenging the Defendant’s unnecessary disclosure of his adopted identity and home address to the Latvian authorities when executing an EU arrest warrant, in breach of its obligations under the DPA 2018 and a misuse of his private information.
• Advised the DCMS, Home Office and Foreign Office on the Online Harms Bill, since enacted as the Online Safety Act 2023.
• Brendan Montague v Information Commissioner and Department for International Trade, [2022] UKUT 104 (AAC) – acted for the Department of International Trade before the First-tier and Upper Tribunals, resisting the appeal by a campaigner seeking the release of post-Brexit trade talks with more than 17 countries under the Freedom of Information Act
• NHS Business Services Authority v Information Commissioner and Spivack [2021] UKUT 192 (AAC) – acted for the Information Commissioner, successfully resisting the NHS’s appeal concerning the test for determining whether a particular individual can be identified from the disclosure of medical

Eric regularly advises individuals, companies, public bodies and NGOs on the requirements of the Data Protection Act 2018, the GDPR, and the Law Enforcement Directive. His work includes advising on data transfer agreements and successfully challenging Interpol and Europol over the processing of personal data in respect of individuals subject to Red Notices and Diffusions. He has particular expertise in relation to the Investigatory Powers Act 2016 and the Regulation of Investigatory Powers Act 2000.

Eric has a wide-ranging public law practice, which includes asylum and immigration, commercial and regulatory matters, community care, education, prisoner’s rights, mental health and VAT. He has acted for claimants, defendants and interveners in judicial review proceedings and statutory appeals before the First-tier Tribunal, the Upper Tribunal, the Administrative Court, the Court of Appeal and the Supreme Court.

Cases

His recent work includes:

• Advising the Food Standards Agency on proposals to authorise the UK’s first cannabidiol (CBD) food products, ahead of its public consultation in August 2025.
• Moss v The Upper Tribunal [2024] EWCA Civ 1414 – acting for the Information Commissioner in an appeal concerning non-parties’ access to documents in the Upper Tribunal under the open justice principle.
• Karpichkov v National Crime Agency [2023] EWHC 2653 (KB) – acting for the Claimant, a former KGB double agent, challenging the Defendant’s unnecessary disclosure of his adopted identity and home address to the Latvian authorities when executing an EU arrest warrant.
• R (Royal Surrey NHS Foundation Trust) v HM Revenue & Customs [2023] EWHC 2354 (Admin) – acting for HMRC in respect of the Claimant’s claim to recover VAT for linear accelerators purchased for business purposes.
• R (Gjini) v Secretary of State for the Home Department [2021] EWHC 1677 (Admin) – defending the Respondent’s policy on the withdrawal of passport facilities in relation to persons subject to proceedings for deprivation of British citizenship on grounds of fraud.
• R (Bridges) v Chief Constable of South Wales Police & Ors [2020] EWCA 2341 (Admin) – acting for the Information Commissioner (led by Gerry Facenna KC) in a successful intervention in Liberty’s appeal under article 8 ECHR and data protection law against the police’s use of Automated Facial Recognition cameras – the world’s first appeal concerning AFR.
• HM Revenue & Customs v Rank Group & Done Brothers [2020] UKUT 117 (TCC) – acting for HMRC in the long-running, multi-billion EU law challenge brought by Rank plc and Betfred to HMRC’s VAT treatment of Fixed-Odds Betting Terminals (FOBTs), relying on the principle of fiscal neutrality. The case was previously referred to the Court of Justice of the European Union (see Joined Cases C-259/10 and C-260/10 HMRC v The Rank Group plc) in 2012 and the UK Supreme Court in 2015.
• R (Michael) v HMP Whitemoor & Anor [2020] EWCA Civ 29 – acting for the Respondents in the very first challenge to the use of video link in civil cases before the Court of Appeal, successfully defending the compatibility of video link hearings with the right to a fair hearing under article 6 ECHR.

Eric is ranked as a leading junior in EU law by the Legal 500. He is currently instructed in a number of EU law matters, including in relation to Brexit and the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020, EU data protection and sanctions.

Cases

His recent work includes:

• Maxen Power Supply Ltd v Information Commissioner [2025] UKFTT 1119 (GRC) – acting for the Information Commissioner, successfully resisting the appellant’s appeal against a monetary penalty notice for breaches of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
• Advising the Food Standards Agency on proposals to authorise the UK’s first cannabidiol (CBD) food products, ahead of its public consultation in August 2025.
• Karpichkov v National Crime Agency [2023] EWHC 2653 (KB) – acting for the Claimant, a former KGB double agent, challenging the Defendant’s unnecessary disclosure of his adopted identity and home address to the Latvian authorities when executing an EU arrest warrant.
• Rank Group PLC & 2016 G1 Ltd v Revenue & Customs [2021] UKFTT 241 (TC) – acting for HMRC in the long-running, multi-billion EU law challenge brought by Rank plc to HMRC’s VAT treatment of slots games in arcades, betting shops and casinos, relying on the principle of fiscal neutrality.
• R (M) v Chief Constable of Sussex Police [2021] EWCA Civ 42 – acted for the Appellant, a vulnerable young person at risk of sexual exploitation, in one of the first cases involving Part 3 of the Data Protection Act 2018 and the provisions of the Law Enforcement Directive, challenging an Information Sharing Agreement between Sussex Police and a Business Crime Reduction Partnership for the sharing of personal data, including that of minors.
• Case T-332/15 Ocean Capital Administration GmbH and 31 others v Council of the European Union ECLI:EU:T:2020:308 – acted for 32 Iranian companies in proceedings before the General Court seeking annulment of their designation under the Iran (nuclear proliferation) sanctions.
• Advising a central government department on the application of EU State Aid principles under article 10 of the Northern Ireland Protocol to a business development fund.
• HM Revenue & Customs v Rank Group & Done Brothers [2020] UKUT 117 (TCC) – acting for HMRC in the long-running, multi-billion EU law challenge brought by Rank plc and Betfred to HMRC’s VAT treatment of Fixed-Odds Betting Terminals (FOBTs), relying on the principle of fiscal neutrality. The case was previously referred to the Court of Justice of the European Union (see Joined Cases C-259/10 and C-260/10 HMRC v The Rank Group plc) in 2012 and the UK Supreme Court in 2015.
• Case C-507/17 Google Inc v Commission nationale de l’informatique et des libertes (CNIL) – acted for ARTICLE 19, Human Rights Watch, the Electronic Frontier Foundation and 5 other digital rights groups (led by Gerry Facenna KC) in successful intervention challenging the extraterritorial scope of de- indexing obligations for search engines under EU data protection law and the ‘right to be forgotten’.

Eric has been involved in a number of leading cases in the field of public international law, particularly relating to the UK’s obligations under international human rights law and international humanitarian law

Cases

His work includes:

• Advising a foreign company on its liability under international human rights law and the UN Guiding Principles on Business and Human Rights following the government crackdown on protests in Bangladesh in July-August 2024.
• Advising a Council of Europe Member State on the compatibility of measures to decriminalise cannabis under the 1961 Single Convention on Narcotics Drugs and the 1971 Convention on Psychotropic Substances.
• Jones v United Kingdom (2014) 59 EHRR 1 and Ron Jones v Saudi Arabia [2006] UKHL 26 (House of Lords) – joint intervention between JUSTICE, Redress, Amnesty International and Interights on state immunity of foreign governments for acts of torture.
• Nada v Switzerland (2013) 56 EHRR 18 – acted for the intervener JUSTICE before the Grand Chamber of the ECtHR in relation to the compatibility of a travel ban under UNSCR 1267.
• Al Jedda v United Kingdom (2011) 53 EHRR 23 – managing JUSTICE’s intervention in case concerning conflict between UN Security Council Resolution 1546 and right to liberty under Article 5 ECHR

Civil Liberties & Human Rights: “Eric Metcalfe is efficient and great to work with.” “Eric Metcalfe is highly competent and a trusted adviser.” “Eric Metcalfe is very clever, pleasant to work with and made everything easier than it might’ve been.” “Eric Metcalfe is an excellent communicator with fantastic oral and written advocacy.” – Chambers UK, 2026

Data Protection: “His advocacy skills are robust, sharp and to the point. He is very personable, easy to deal with, and is prompt and courteous in his interactions.” “Eric is excellent.” “Eric is very effective in court. He is very clever, pleasant to work with and makes everything easier.” – Chambers UK, 2026

International Human Rights: “Eric Metcalfe is highly competent and a trusted adviser.” “Eric Metcalfe is an excellent communicator with fantastic oral and written advocacy.” “Eric Metcalfe is very clever, pleasant to work with and made everything easier than it might’ve been.” “Eric Metcalfe is efficient and great to work with.” – Chambers UK, 2026

Leading junior in Administrative Law and human rights: “Very good written work and a very effective advocate. Easy to work with.” – Legal 500, 2026

Leading junior in Data Protection: “Eric is a pleasure to work with. He is an excellent advocate – robust and persuasive, whilst always ensuring that the pertinent points are at the forefront of his arguments. He has a great knowledge of data protection law and his written advice is clear and instructive.” – Legal 500, 2026

Leading junior in European Union relations: “Very good written work and a very effective advocate. Easy to work with.”  – Legal 500, 2026

Civil Liberties & Human Rights: “Eric is very good at freedom of expression and human rights. He’s wonderful on paper and brilliant on his feet. He has a very internationalist approach that really bolsters his abilities.” – Chambers UK, 2025

Data Protection: “Eric produces very good written work and is also excellent on his feet.” – Chambers UK, 2025

International Human Rights – Chambers UK, 2025

Leading junior in Administrative Law and human rights: “Eric is such a joy to work with for many reasons: he is skilled in explaining complicated legal concepts in simple terms, tailoring it to the audience, and is very quick to respond in fast paced litigation. His written and oral advocacy is outstanding. Judges appreciate his advocacy and are assisted by both his submissions and questioning of witnesses.”  – Legal 500, 2025

Leading junior in Data Protection: “Eric’s knowledge of data protection law is extremely impressive – he is by far the leading expert in this field. He is a pleasure to work with and always takes the time to chat through any complex issues.”  – Legal 500, 2025

Leading junior in European Union relations: “Eric is excellent at drafting, a persuasive and tough advocate, and easy to get on with.”  – Legal 500, 2025

Civil Liberties & Human Rights: “He is really good on his feet and handles matters incredibly well. An assured and confident performer.” – Chambers UK, 2024

Data Protection: “Brilliant and always a pleasure to work with.” “Eric is a pleasure to work with and works tirelessly for the team.” – Chambers UK, 2024

Leading junior in Data Protection: “He has expert knowledge of data protection law.”  – Legal 500, 2024

Leading junior in Administrative Law and human rights: “He is very knowledgeable of the jurisprudence of the European Court of Human Rights.”  – Legal 500, 2024

Leading junior in EU Law: “Eric masters his brief with ease. He is an outstanding advocate with exceptional analytical skills.”  – Legal 500, 2024

Civil Liberties & Human Rights: “His written work is fantastic and he takes the time to keep a careful eye on the evidence.” “He withstood really tough questioning from judges; he was never flustered and was always calm.” – Chambers UK, 2023

Data Protection: “He’s careful to insulate clients from issues further down the line.” “Eric Metcalfe is really good on his feet and can withstand tough questioning from judges: he’s never flustered and always calm. His written work is fantastic and he has a careful eye on the evidence.” – Chambers UK, 2023

Leading junior in Data Protection: “He is very analytical and attentive to detail. His written work is extremely persuasive. He also handles tough questioning from judges really well.”  – Legal 500, 2023

Leading junior in Administrative Law and human rights – Legal 500, 2023

Leading junior in EU Law – Legal 500, 2023

Civil Liberties & Human Rights: “He is very brainy, no doubt about it.” “Eric is a very intelligent barrister who also brings a real commitment to our clients.” – Chambers UK, 2022

Data Protection: “He has an outstanding forensic ability to marshal facts in a way that is highly persuasive, and has a strong knowledge of the law.” “He is a very talented barrister and tough litigator.” – Chambers UK, 2022

Leading junior in Civil liberties and human rights (including actions against the police) – Legal 500, 2022

Leading junior in EU Law – Legal 500, 2022

Civil Liberties & Human Rights: “He’s a brilliant lawyer and very thoughtful.” “He is very knowledgeable of public and international human rights law.” – Chambers UK, 2021

Leading junior in Civil liberties and human rights (including actions against the police): ‘‘He has unrivalled expertise in data protection and EU law which he utilises in civil liberties cases. He is a rigorous in his preparation for cases and his drafting is clear and persuasive.’’ – Legal 500, 2021

Leading junior in EU Law: ‘‘Eric is an excellent barrister. We regularly instruct him in human rights and data protection cases. He is an incredibly trustworthy pair of hands. He has unrivalled expertise in data protection and EU law. He is a rigorous in his preparation for cases and his drafting is clear and persuasive. Eric never loses sight of the important role that evidence plays in bringing complex litigation and is a real team player.’’– Legal 500, 2021

Civil Liberties & Human Rights: “His written submissions are of extremely high quality.” – Chambers UK, 2020

Leading junior in Civil liberties and human rights (including actions against the police): ‘‘He has a fierce intellect and in-depth knowledge of human rights law, particularly as it relates to surveillance, data protection and freedom of expression.’’ – Legal 500, 2020

Leading junior in EU Law: ‘‘A government panelist instructed in serious cases.’’– Legal 500, 2020

Civil Liberties & Human Rights: “He is incredibly good.” – Chambers UK, 2019

Leading junior in Civil liberties and human rights (including actions against the police): ‘‘Very authoritative on privacy and surveillance.’’ – Legal 500, 2018

Leading junior in EU Law: ‘‘An outstanding advocate. He is clear, articulate and effective, a pleasure to work with.’’– Legal 500, 2018

Civil Liberties & Human Rights: “He is very knowledgeable and knows human rights back to front.” “Eric is very measured, calm and experienced.” – Chambers UK, 2018

Leading junior in Civil liberties and human rights (including actions against the police): ‘‘Highly praised for the quality of his advocacy.’’ – Legal 500, 2017

Leading junior in EU Law: ‘‘A pleasure to work with.’’– Legal 500, 2017

Civil Liberties & Human Rights: “He has a very nice manner in court and is clearly very competent.” “Eric Metcalfe is very good, a sound young junior.” – Chambers UK, 2017

Leading Junior in Civil liberties and human rights (including actions against the police):  “Outstanding on the law and very articulate.” – Legal 500, 2016

”Excellent; clear, sharp, and great to work with.” Leading Junior in Civil Liberties and Human Rights Law. Legal 500, 2015

“Hardworking, with an outstanding intellect and grasp of issues at hand.” Eric is ranked as a leading Junior in Civil Liberties and Human Rights Law. Legal 500, 2014

Eric Metcalfe is recommended as a leading junior in Civil Liberties and Human Rights Law. Legal 500, 2013

Eric Metcalfe is recommended as a leading junior in Civil Liberties and Human Rights Law. Legal 500, 2012

Eric has a law degree and a degree in history and English literature from the University of Canterbury in New Zealand, an LL.M. from Queen’s University, Ontario and a doctorate in legal philosophy from the Faculty of Law of the University of Oxford. He taught jurisprudence to undergraduate law students at New College and Trinity College, Oxford.

He has advised and acted for a wide range of human rights organisations including the ACLU, the AIRE Centre, ARTICLE 19, the Bingham Centre for the Rule of Law, the Canadian Civil Liberties Association, the Egyptian Initiative for Personal Rights, the Electronic Frontier Foundation, Human Rights Watch, the Hungarian Civil Liberties Union, Index on Censorship, the Irish Council for Civil Liberties, JUSTICE (the UK section of the International Commission of Jurists), the Kurdish Human Rights Project, the Legal Resources Centre, Liberty, the Media Legal Defence Initiative, and Privacy International. He has carried out human rights work in Armenia, Azerbaijan, Bahrain, Belarus, Northern Ireland, the Republic of Ireland, Russia, Rwanda, Taiwan and Turkey.