public media criminal commercial international · representing the former crown servant,...

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public media criminal commercial international Eddie has a wide public law and human rights practice. In 2020 he was named by Legal 500 as Junior of the Year for Civil Liberties and Human Rights. He has acted in a number of high profile Human Rights Act claims and judicial reviews including: (Supreme Court appeal concerning lawfulness of Government’s facilitation of the death penalty in the United States) ( Court appeals concerning state immunity and Foreign Act of State doctrine in claims concerning unlawful rendition, detention and torture by foreign states) (Supreme Court appeal concerning ECHR compatibility of Schedule 7 to the Terrorism Act 2000) (Supreme Court appeals concerning Crown Act of State doctrine in tort claims for unlawful detention by UK forces during overseas military operations) (Supreme Court appeal concerning application of Article 8 to prosecution of vulnerable refugees) (Supreme Court appeal concerning ECHR compatibility of Scottish sexual offences legislation)

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Page 1: public media criminal commercial international · representing the former Crown servant, Christopher Steele, in libel proceedings concerning the publication of a confidential intelligence

public media criminal commercial international

Eddie has a wide public law and human rights practice. In 2020 he was named by Legal 500 as Junior of the Year for Civil Liberties and Human Rights. He has acted in a number of high profile Human Rights Act claims and judicial reviews including:

• (Supreme Court appeal concerning lawfulness of Government’s facilitation of the death penalty in the United States)

• ( Court appeals concerning state immunity and Foreign Act of State doctrine in claims concerning unlawful rendition, detention and torture by foreign states)

• (Supreme Court appeal concerning ECHR compatibility of Schedule 7 to the Terrorism Act 2000)

• (Supreme Court appeals concerning Crown Act of

State doctrine in tort claims for unlawful detention by UK forces during overseas military operations)

• (Supreme Court appeal concerning application of Article 8 to prosecution of vulnerable refugees)

• (Supreme Court appeal concerning ECHR compatibility of Scottish sexual offences legislation)

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• (Supreme Court appeal concerning applicability of the UN Refugee Convention to the United Kingdom’s Sovereign Base Areas in Cyprus)

• (Supreme Court appeal concerning extra-territorial application of the ECHR)

• (challenge before the Investigatory Powers Tribunal

concerning the legality of mass interception and intelligence sharing regimes under RIPA)

• (challenge to lawfulness of detention and seizure

of journalistic material under Schedule 7 to the Terrorism Act 2000)

• (representing a number of Iraqi civilians in human rights claims concerning assault and unlawful imprisonment in Iraq)

• (judicial review challenging the lawfulness of the Government’s implementation of the ‘Dubs amendment’ (relocation of specified number of unaccompanied refugee children to the UK))

Eddie practises in all aspects of media and information law, with particular expertise in defamation, privacy, data protection, breach of confidence and reporting restrictions. In 2017 Spears magazine identified him as one of two “Rising Star” lawyers in the field of reputation management. Eddie acted for

the appellant in the Supreme Court in OPO (James Rhodes) v MLA (appeal against injunction prohibiting publication of a performing artist’s autobiography) and represented the Media Lawyers Association in the

Supreme Court in Lachaux v Lachaux (landmark appeal concerning the serious harm threshold in s. 1 of the Defamation Act 2013).

He has represented approximately 50 individuals in claims arising out of Operations Weeting, Pinetree and Golding (unlawful voicemail interception) and Operation Elveden (payment of corrupt public officials). He is currently representing the former Crown servant, Christopher Steele, in libel proceedings concerning the publication of a confidential intelligence memorandum. Between 2013-17, Eddie provided regular pre-publication

advice to The Times, Sunday Times, Observer, the Guardian and BBC News.

Eddie has a significant practice in public and private international law. He represented Croatia in proceedings before the International Court of Justice

(ICJ) under the Genocide Convention (Croatia v Serbia). He is currently representing the Republic of Somalia in an international maritime boundary

dispute before the ICJ (Somalia v Kenya) and is representing the Co-

Operative Republic of Guyana in proceedings before the ICJ concerning the

validity of an 1899 arbitral award (Guyana v Venezuela). He also has

HERE IS WHAT THEY SAY

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broad experience of international arbitration and recently served as the assistant to an ICSID arbitral tribunal.

Eddie has acted in a number of complex international group claims. These include:

• - Representing almost two thousand rural Zambians in claims concerning environmental damage and personal injury caused by the discharge of toxic pollution from the world’s largest open cast copper mine.

• - Representing a Nigerian

community of approximately 40,000 villagers in common law and statutory claims concerning extensive environmental damage caused by oil spills in Rivers State, Nigeria.

• – Representing several thousand claimants in a group action against the Foreign and Commonwealth Office concerning human rights violations in Kenya during the 1950s.

• – Representing more than 40 claimants in personal injury claims concerning alleged corporate complicity in the assault of protestors in Sierra Leone.

• – Representing more than 200 claimants in negligence claims concerning failure to protect against the foreseeable risk of post-election ethnic violence at a tea plantation in Kenya.

• Representing more than 15,000 claimants in proceedings concerning extensive pollution in Rivers State, Nigeria.

Eddie has extensive experience of bringing claims and third party interventions before the European Court of Human Rights. His cases include:

• Representing a consortium of international human rights organisations in challenges to the ECHR compatibility of the UK’s mass telecommunications interception regime and international intelligence sharing regime.

• – Representing an Iraqi civilian in a challenge to the legality of detention during the armed conflict in Iraq.

• – Application challenging the ECHR compatibility of UK “stop and search” terrorism legislation under Schedule 7 of the Terrorism Act 2000.

• – Application concerning compatibility of confiscation procedures under UK drug trafficking legislation with Article 6 of the ECHR.

• – Representing a coalition of NGOs (including PEN International, ARTICLE 19, Human Rights Watch and Index on Censorship) in a third party intervention concerning persecution of journalists in Turkey.

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Eddie has broad experience of international arbitration. He is currently the assistant to an ICSID arbitral tribunal. He also regularly acts as a clerk to the Basketball Arbitral Tribunal and has acted as an ad hoc clerk at the Court of Arbitration for Sport in more than 40 cases including:

• – Appeal concerning regulations restricting the eligibility of

female athletes with hyperandrogenism to compete in international athletics competitions.

• – Appeals brought by more than 20

Russian athletes against findings they had engaged in systematic doping and covert sample swapping during the 2014 Winter Olympic Games in Sochi.

• – Appeal brought by the former Chairman of the FIFA Bid Evaluation Group for the 2018 and 2022 FIFA World Cups against findings that he breached the FIFA Ethics Code by making improper requests to an organisation linked to the Qatari World Cup bid.

• ) – Appeal concerning irregularities in Jamaican

anti-doping procedures.

Eddie has a broad criminal and regulatory practice with a particular focus on proceeds of crime, fraud and money laundering offences and cases with an international or corporate dimension. He has been instructed for the defence in international fraud and corruption prosecutions and advised a large investment bank on LIBOR fixing investigations. He has extensive experience of representing respondents to property freezing orders, unexplained wealth orders and civil recovery applications under the Proceeds of Crime Act 2002. He has advised and trained teams at global law firms on money laundering compliance and has produced AML risk assessments and policies for a range of regulated entities.

Eddie is a contributing author to Human Rights and Criminal Justice (3rd Ed, Sweet & Maxwell); Smith, Bodnar and Owen on Asset Recovery, Criminal Confiscation and Civil Recovery (OUP, 2nd Ed); Montgomery and Ormerod on Fraud: Criminal Law and Procedure; and Livingstone, Owen and Macdonald on Prison Law (OUP, 5th Ed); and the GIR Guide to Global Investigations.

Eddie has acted as a clerk to the Basketball Arbitral Tribunal on more than 20 cases and as an ad hoc clerk at the Court of Arbitration for Sport in more than 40 cases including:

• – Challenge to the lawfulness of the IAAF’s Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development).

• – Appeal concerning regulations restricting the eligibility of female athletes with hyperandrogenism to compete in international athletics competitions.

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• , Aleksander Zubkov & others v International Olympic Committee (IOC) – Appeals brought by more than 20 Russian athletes against findings they had engaged in systematic doping and covert sample swapping during the 2014 Winter Olympic Games in Sochi.

• – Appeal brought by the former Chairman of the FIFA Bid Evaluation Group for the 2018 and 2022 FIFA World Cups against findings that he breached the FIFA Ethics Code by making improper requests to an organisation linked to the Qatari World Cup bid.

• – Appeal concerning irregularities in Jamaican anti-doping procedures.

In 2011/2012 Eddie spent a year as judicial assistant to Lord Clarke at the United Kingdom Supreme Court. Prior to this, Eddie spent nine months as a judicial assistant to Lady Justice Arden at the Court of Appeal.

Eddie is a former Lecturer in Administrative Law and European Human Rights Law at Oxford University, and has taught on surveillance and fair trial issues on the postgraduate BCL course. Before joining Matrix, he spent several months working as a Stagiaire at the European Court of Human Rights. He is also a former trial observer for the Human Rights Institute of the International Bar Association.

Eddie holds a first class undergraduate law degree from Trinity Hall, Cambridge University. He undertook the Bar Vocational Course at the Inns of Court School of Law where he was graded ‘Outstanding’ and received the Everard Ver Heyden Foundation Prize for finishing in the top 5 in his year. Eddie later read for the Bachelor of Civil Law at Brasenose College, Oxford University, specialising in criminal justice, unjust enrichment and comparative public law. He received Distinctions in all subjects and won the Ralph Chiles CBE Prize for comparative human rights law. Eddie was awarded a Sunley Scholarship, Eastham Scholarship, Hardwicke Award and Buchanan Prize by Lincoln’s Inn.

[2020] UKSC 10 - Representing the claimant in a successful appeal to the Supreme Court challenging the Home Secretary’s provision of mutual legal assistance to the United States without seeking an assurance that US authorities would not seek to impose the death penalty against the claimant’s son, Shafee El Sheikh.

[2018] UKSC 45, [2019] AC 484 - Representing the claimants in a successful appeal to the Supreme Court concerning the application of the UN Refugee Convention to the UK’s Sovereign Base Areas in Cyprus.

w [2017] UKSC 3, [2017] AC 964 - Representing the claimants in successful Supreme Court appeals concerning state immunity

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and the Foreign Act of State doctrine in tort claims concerning unlawful rendition, detention and torture by foreign states.

[2017] UKSC 1, [2017] AC 649 - Representing the claimants in successful Supreme Court appeals concerning the application of the Crown Act of State doctrine to tort claims for unlawful detention by UK armed forces during overseas military operations.

[2017] UKSC 30, [2017] 1 WLR 1401 - Representing the claimant in a Supreme Court appeal concerning the application of Article 8 ECHR to the prosecution of vulnerable refugees.

[2017] UKSC 25, [2017] SLT 401 - Representing the appellant in a successful appeal to the Supreme Court concerning the lawfulness of Scottish legislation limiting the availability of the defence of reasonable mistake as to age to individuals who have previously been charged with a relevant sexual offence.

[2015] UKSC 49, [2016] AC 88 - Representing the claimant in a Supreme Court appeal concerning the compatibility of Schedule 7 to the Terrorism Act 2000 with Articles 5, 6 and 8 ECHR.

[2013] UKSC 41, [2014] AC 52 – Supreme Court appeal concerning extra-territorial application of the European Convention on Human Rights and Human Rights Act.

[2019] EWCA Civ 1761 - Representing the claimant in a challenge concerning the ‘non-frustration’ principle in the context of the Government’s obligations under the European Union (Withdrawal)(No. 2) Act (the ‘Benn Act’).

- Representing the claimant in ongoing judicial review proceedings challenging alleged cover up of unlawful killings by UK special forces in Afghanistan.

[2019] QB 1251 - Representing several Iraqi civilians in successful claims for damages for mistreatment and unlawful detention by UK armed forces in Iraq.

[2017] 4 WLR 203 - Representing the claimant in a judicial review challenging the lawfulness of the Government’s implementation of the ‘Dubs amendment’ (relocation of specified number of unaccompanied refugee children to the UK)

[2016] 1 WLR 1505 - Representing the claimant in a challenge to the lawfulness of detention and seizure of journalistic material under Schedule 7 to the Terrorism Act 2000.

[2015] HRLR 2 - Representing the claimant in a challenge before the Investigatory Powers Tribunal concerning the legality of mass interception and intelligence sharing regimes under the Regulation of Investigatory Powers Act 2000.

- Judicial review challenge concerning discriminatory restrictions on the ability of certain British Overseas Territories citizens to acquire British citizenship.

[2014] EWHC 1475 (Admin) - Judicial review challenge to HMRC's refusal to disclose information to Privacy

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International about an investigation into the activities of Gamma International, a British manufacturer of surveillance technology and spyware.

[2014] EWHC 1086 (Admin) - Judicial review challenge to Home Secretary’s refusal to state whether the UK had received a request for the claimant’s extradition to the United States.

2013] EWHC 2143 (Admin) - Representing the Independent Police Complaints Commission in judicial review proceedings challenging alleged failures to implement measures to prevent police officers conferring following fatal shooting.

[2011] EWHC 2572 (Admin) - Judicial review challenge to a local authority’s decision to close public libraries in the London Borough of Brent.

(app. No. 4755/16) - Representing the applicant in a successful challenge to the ECHR compatibility of UK “stop and search” terrorism legislation under Schedule 7 of the Terrorism Act 2000.

(App. No. 59494/09) - Representing the applicant in ongoing proceedings before the European Court of Human Rights concerning the compatibility of confiscation legislation with Article 6 ECHR.

- Representing an Iraqi civilian in an ongoing challenge to the ECHR compatibility of detention during the armed conflict in Iraq.

- Representing a consortium of international human rights organisations in challenges to the ECHR compatibility of the UK’s mass telecommunications interception regime and international intelligence sharing regime.

(App. No. 13237/17) - Representing a coalition of NGOs (including PEN International, ARTICLE 19, Human Rights Watch and Index on Censorship) in a third party intervention concerning persecution of journalists in Turkey.

[2015] UKSC 32, [2016] AC 219 - Representing the appellant in a successful Supreme Court appeal against injunction prohibiting a well-known performing artist from publishing an autobiographical account of childhood sexual abuse.

[2019] UKSC 27, [2019] 3 WLR 18 - Representing the Media Lawyers Association in a Supreme Court appeal concerning the meaning of “serious harm” under s. 1 of the Defamation Act 2013.

Ltd & Christopher Steele - Representing the former Crown servant, Christopher Steele, in ongoing libel proceedings concerning the publication of intelligence dossier concerning Russian interference in US electoral process.

[2018] EWHC 1201 (QB) - Representing a witness in a successful challenge to the breadth of an order requiring the

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provision of evidence in support of US defamation proceedings through an oral examination under s. 2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975.

[2020] 2 WLR 484 - Representing Google in proceedings concerning an attempt to establish a representative action for damages for breach of the Data Protection Act 1998 on behalf of a class of several million iPhone users (currently pending before the Supreme Court).

- Representing Google in a third party intervention before the European Court of Human Rights concerning liability of internet service providers for defamatory material published online by third parties.

Doyen Global v Times Newspapers Limited - Representing the claimant in proceedings for misuse of private information, breach of confidence and breach of the Data Protection Act concerning the receipt and publication of stolen confidential information.

Various Claimants v News Group Newspapers - One of five counsel representing over 150 claimants in the Mobile Telephone Voicemail Interception Litigation against News Group Newspapers (publisher of The Sun and News of the World newspapers).

Various Claimants v Mirror Group Newspapers - Representing various claimants in proceedings for misuse of private information and breach of the Data Protection Act 1998 against the publisher of the Daily Mirror and Sunday Mirror newspapers.

News International Compensation Scheme - Instructed as scheme counsel advising a number of confidential applicants under the News International Compensation Scheme.

Mughal v Telegraph Media Ltd [2014] All ER (D) 47 (May) - Representing the claimant in a preliminary ruling on meaning of words complained of in libel proceedings.

SKA and PLM v CRH and persons unknown [2012] EWHC 2236 (QB) - Representing the claimants in proceedings for an injunction to prevent the defendants from publishing private information and harassing the claimants.

Pre-publication advice to national news organisations - Between 2013 and 2017 Eddie provided regular pre-publication advice to national news organisations including The Guardian, The Observer, The Times and Sunday Times and BBC News.

[2019] UKSC 20, [2019] 2 WLR 1051 - Representing 2,000 claimants in a landmark Supreme Court appeal concerning the liability of parent companies for environmental harm caused by foreign subsidiaries.

[2018] Bus LR 1022 - Representing a Nigerian community of approximately 40,000 villagers in common law and statutory claims concerning extensive environmental damage caused by oil spills in Rivers State, Nigeria.

[2018] EWHC 686 (QB) - Representing several thousand claimants in a group action against the Foreign and Commonwealth Office concerning human rights violations in Kenya during the 1950s.

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- Representing more than 200 claimants in negligence claims concerning failure to protect against the foreseeable risk of post-election ethnic violence at a tea plantation in Kenya.

- Representing more than 15,000 claimants in proceedings concerning extensive pollution in Rivers State, Nigeria.

- Representing the claimants in proceedings concerning unlawful violence against protestors in Sierra Leone.

Guardian News and Media v Rubicon Project Inc - Representing the claimant in proceedings for fraudulent misrepresentation, breach of contract and breach of fiduciary arising from the sale of online advertising inventory via online auction platform.

Ras Al Khaimah Investment Authority v Farhad Azima - Representing the claimant in proceedings for fraudulent misrepresentation, breach of contract and unlawful means conspiracy in respect of alleged frauds concerning an aircraft training academy in Ras Al Khaimah and the sale of a hotel in Georgia.

Artificial intelligence (confidential) - Advising a leading artificial intelligence company on various legal issues arising in connection with a commercial takeover and the development of sophisticated artificial intelligence software and technology.

- Representing the claimant in a challenge to extradition to the United States.

[2016] 1 WLR 297 - Representing the defendant in an appeal by way of case stated concerning the prosecution of newspaper editor for publication of information in breach of statutory reporting restriction.

- Representing claimants in challenge to the lawfulness of notices issued under s. 2 of the Criminal Justice Act 1987.

- Representing the defendant in a prosecution under the Prevention of Corruption Act 1906.

- Advising a large investment bank in relation to LIBOR fixing allegations.

- Representing a US hedge fund in a successful application to dismiss a private prosecution for fraud arising from the appointment of receivers to enforce a secured loan worth more than $30 million.

- Representing the claimant in a judicial review challenge against the Ministry of Justice's refusal to deduct time served in custody awaiting extradition from the claimant's overall sentence pursuant to section 49(2) of the Prison Act 1952.

[2011] EW Misc11 (MC) - Assisting Clare Montgomery QC and Julian Knowles QC in resisting the Republic of South Africa’s application for an order extraditing the defendant to South Africa to stand trial for murder.

[2011] 2849 (Admin) - Assisting Ben Emmerson QC and Mark Summers in a challenge to the lawfulness of a European Arrest Warrant issued under the Extradition Act 2003.

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A v Director of Public Prosecutions [2016] EWCA Crim 1393 - Representing the DPP in an appeal before the Court of Appeal holding that the Crown Court should not entertain challenges (including on human rights grounds) which are directed at the substantive basis for the making of an overseas restraint order.

National Crime Agency v An individual and 12 companies - Representing an individual and 12 corporate defendants in ongoing proceedings for a civil recovery order under Part 5 of the Proceeds of Crime Act 2002.

Unexplained wealth order - Advising respondents to an unexplained wealth order under Part 8 of the Proceeds of Crime Act 2002.

Advising on register of beneficial ownership - Advising on lawfulness of powers to compel creation of public registers of beneficial ownership in the Crown dependencies of Jersey and Guernsey.

Advising a prospective applicant on challenge to lawfulness of the informal freezing order regime in Jersey and Guernsey.

Money laundering - Advising various regulated entities (including two leading US law firms) on the requirements and implications of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017/92 and the Proceeds of Crime Act 2002.

- Representing the Republic of Croatia in proceedings under the Genocide Convention against the Republic of Serbia concerning events in Croatia following the dissolution of the former Yugoslavia. Led by Professor Philippe Sands QC, Professor James Crawford AC SC and Sir Keir Starmer QC.

- Representing the Federal Republic of Somalia in a maritime boundary delimitation dispute against Kenya before the International Court of Justice. Led by Professor Philippe Sands QC.

- Representing the Cooperative Republic of Guyana in proceedings before the International Court of Justice concerning the validity of an 1899 arbitral award delimiting the boundary between Guyana and Venezuela. Led by Professor Philippe Sands QC.

- Serving as Ad Hoc Clerk to the serving as Ad hoc Clerk to the Court of Arbitration for Sport (CAS) in in a landmark case concerning the lawfulness of the IAAF’s Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development) (ad hoc clerk to the CAS Panel).

- Serving as Ad hoc Clerk to the CAS in landmark appeal concerning regulations restricting the eligibility of female athletes with hyperandrogenism to compete in international athletics competitions.

- Serving as Ad hoc Clerk to the CAS in appeals brought by more than 20 Russian athletes

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against findings they had engaged in systematic doping and covert sample swapping during the 2014 Winter Olympic Games in Sochi, Russia.

- Serving as Ad hoc Clerk to the CAS in an appeal brought by the former Chairman of the FIFA Bid Evaluation Group for the 2018 and 2022 FIFA World Cups against findings that he breached the FIFA Ethics Code by making improper requests to an organisation linked to the Qatari World Cup bid.

- Serving as Ad hoc Clerk to the CAS in an arbitration concerning the expulsion of the Bulgarian Chess Federation from the European Chess Union.

Veronica Campbell Brown v IAAF (2014/A/3487) - Serving as Ad hoc Clerk to the CAS in an appeal concerning irregularities in Jamaican anti-doping procedures.

Contributing author to Global Investigations Review’s Practitioner’s Guide to Global Investigations (4th Edition)

Contributing Editor to Livingstone, Owen and Macdonald on Prison Law (OUP, 5th Ed)

Contributing Editor to Montgomery and Ormerod on Fraud: Criminal Law and Procedure

Contributing Editor to Criminal Justice and Human Rights (3rd Ed, Sweet & Maxwell)

Contributing Editor to Smith, Owen and Bodnar on Asset Recovery, Criminal Confiscation and Civil Recovery (2nd Ed, OUP)

Compensation for miscarriages of justice – who now qualifies? (2014) Crim LR 511 (co-authored with Alex Bailin QC)

Judicial Review in Criminal Cases: Tigers in Africa? (2011) 16 Judicial Review 411

Case comment on the decision in CTB v News Group Newspapers Ltd [2011] EWHC 1232 (QB) Entertainment Law Review (2011) Vol.22 No.6 pgs.179-181.

, Vol 160, Issue 7408

Bachelor of Civil Law, Brasenose College, Oxford University (Distinction)

Bar Vocational Course, Inns of Court School of Law (Outstanding)

BA Law, Trinity Hall, Cambridge University (First Class)

Amicus

Constitutional and Administrative Law Bar Association

Denning Society

Human Rights Lawyers Association

JUSTICE

Liberty