Alison has acted in a number of significant inter-state cases, and is recognised in this field as plainly a top-flight lawyer who will go a very long

Transcription

1 Alison has acted in a number of significant inter-state cases, and is recognised in this field as plainly a top-flight lawyer who will go a very long way. She is experienced at providing advice and advocacy at all stages, from strategic advice on an emerging dispute, to working as a team to frame the claim and manage the production of written pleadings and exhibits, to acting as advocate

2 HERE S WHAT THEY SAY: at the eventual hearing. She works closely with State clients, experts, and lawyers across jurisdictions. Current and recent work includes acting for Mauritius in relation to the longrunning dispute with the UK about the Chagos Archipelago, and acting for Ghana in a maritime boundary delimitation claim against Côte d Ivoire. She has particular experience of provisional measures applications, and appeared before a Special Chamber of ITLOS as part of the counsel team which successfully resisted an application by Côte d Ivoire to halt a significant part of Ghana s oil production. Alison advises clients from all over the world on the full range of international law issues, from state and diplomatic immunity to issues of territorial sovereignty and boundary delimitation, state succession, and the enforcement of arbitral awards against State assets. She contributes to the leading UK textbook on state immunity (State Immunity, Hazel Fox QC and Philippa Webb). Alison has extensive international arbitration experience. She has acted in a number of significant investment arbitrations and annulment proceedings, and advises companies, individuals and States on arbitration and enforcement issues. She is experienced at acting in teams with international law firms, firms local to the State of the dispute, and in-house corporate and State advisers. Current and recent work includes advising investors on potential claims against EU and ASEAN States in the mining and telecommunications sectors, and acting for Kazakhstan in an ICSID arbitration in the mining sector, for Mauritius in an ICSID arbitration raising issues of environmental regulation, for Jordan in an ICSID arbitration in the telecommunications sector, and for Bangladesh in an ICSID arbitration in the oil and gas sector. Alison has a particular interest in the application of international law in the domestic courts, and has advised in a number of cases relating to the enforcement of arbitral awards against State assets, including questions of State immunity. She is experienced in the cross-over between commercial, human rights and international law issues, and represented Yukos in Yukos v Russia, in which the European Court of Human Rights awarded 1.5bn in damages to Yukos for violation of its rights in the tax enforcement process (the largest ever Strasbourg damages award). Alison also has experience of sports-related arbitrations, including representing West Ham United in FA/FAPL arbitrations brought by Fulham FC and the players of Sheffield United, arising out of the Carlos Tevez affair. Alison is singled out as one of the very few barristers who works at the confluence between criminal, public and commercial law. (Chambers Global) Her domestic public law and human rights practice centres on cases arising out of the criminal justice system and criminal investigations. This includes: Police misconduct; Public law proceedings relating to the duty to investigate serious crime; Prison law and inquests; 2

3 Challenges to search warrants and production orders obtained by investigative authorities; Privacy rights relating to the retention of data by the State. She is regularly instructed by NGOs to intervene in significant human rights cases, and has also acted in numerous cases before the European Court of Human Rights, including the Grand Chamber. Alison is an experienced trial and appellate lawyer. Many of her cases involve an international dimension, arising out of cross-jurisdictional investigations or prosecutions, or raising points of international law. Her expertise is often sought out where a case raises parallel criminal and civil issues, for example extradition or mutual assistance requests arising out of litigation in the Commercial Court. She regularly advises on legal issues arising out of investigations abroad, including extradition and mutual assistance requests and Interpol Notices. She has advised a number of prominent business and political figures who have been subjected to Red Notices, often arising out of politically-motivated prosecutions. She regularly provides legal and strategic advice in relation to criminal prosecutions in other jurisdictions: recent examples include Russia, Ukraine, Serbia, France, Italy, Liechtenstein, Jordan, Yemen, Nigeria and the UAE. She has also acted in a number of Strasbourg claims arising out of flawed prosecutions in other jurisdictions. Her international law practice complements her criminal work, and includes war crimes, aggression, issues of state and diplomatic immunity and extraterritorial jurisdiction (including the first extraterritorial prosecution in the UK). She has provided legal and strategic advice to clients facing investigation and prosecution by the International Criminal Court. She is also expert in the field of international business risk and corporate governance, including corporate human rights obligations, modern slavery, bribery, money laundering and sanctions. : Maritime boundary delimitation claim in front of a Special Chamber of the International Tribunal for the Law of the Sea. : UNCLOS Annex VII Tribunal: arbitration arising out of UK's declaration of a marine protected area around the Chagos Archipelago. : acted for Ireland in this inter-state arbitration relating to the scope and nature of the right of access to environmental information. 3

4 : acted for Ireland in this application for provisional measures relating to the commissioning of the Sellafield MOX facility. : Representing Kazakhstan in an ongoing ICSID claim arising out of a gold mining concession. Representing Mauritius in an ongoing ICSID claim raising issues of environmental regulation. : ICSID claim arising out of a disputed taxation measure in the telecommunications sector. : ICSID claim arising out of a project to revive marginal and abandoned gas fields. : advised Jordan on post-award remedies in this ICSID arbitration, arising out of a construction dispute. : ICSID annulment proceedings arising out of the Siemens corruption scandal. : ICSID claim and subsequent annulment proceedings arising out of the privatisation of the water services of a province of Argentina. : ICSID annulment application relating to the privatisation of the water services of Buenos Aires. : ICSID annulment application relating to the application of the defence of necessity to the Argentine fiscal crisis, and the standard of review on annulment. : ICSID arbitration arising out of the construction of a dam in Jordan by an Italian company. Advising the family of Nazanin Zaghari-Ratcliffe, a British-Iranian citizen held in Iran on charges of espionage. Representing Robert Tchenguiz in his damages claim against the Serious Fraud Office, arising out of his high-profile arrest and search in connection with the investigation into Kaupthing. Representing the former News of the World editor, Andy Coulson, in the criminal prosecution relating to alleged phone hacking and payments to a public official, including appeal to the Court of Appeal on the scope of the phone hacking offence under RIPA. Yukos v Russia: Representing Yukos in its damages claim before the European Court of Human Rights, arising out of alleged non-payment of taxes in Russia: awarded 1.5bn. Advising a Nigerian businessman in relation to criminal proceedings in Italy arising out of the sale of an oil concession. Advising a foreign State in relation to assets frozen in the UK on the application of another State, as the alleged proceeds of crime. Advising Libyan individuals in connection with allegations of rendition and torture. Representing Liechtenstein companies charged with money laundering on behalf of the Abacha family. 4

5 Advising a multinational company charged with bribery of a foreign official. Advising on alleged fraud in the context of football transfers. Advising a Jersey company director in connection with a moneylaundering investigation by the Jersey Financial Services Commission. Representing businessman charged with fraud in connection with the trade in carbon credits. Advising professional advisers on (1) the scope of legal professional privilege, and (2) compliance with, and challenges to, search warrants and production orders, in the context of SFO and other investigations into their clients. Advising prominent political and business figures on challenges to politically-motivated Interpol Red Notices. Fetisov v Russian Federation: extradition request relating to substantial alleged misappropriation of funds from Russian bank; parallel to substantial damages proceedings in the English Commercial Court. Advising on mutual assistance requests from a foreign State, arising out of Commercial Court litigation. Advising company directors on mutual assistance requests arising out of the Icelandic Special Prosecutor s investigation into the collapse of Kaupthing Bank. Jersey money laundering prosecution arising out of the Nigerian Abacha investigation: instructed on international law and mutual assistance issues. Advising a number of prominent individuals on diplomatic immunity in the context of ongoing or pending criminal or extradition proceedings. Advising on the immunities of political and military officials alleged to have committed serious international crimes, and on the availability of arrest warrants. Strasbourg case relating to the importation of two tonnes of cocaine into France under cover of diplomatic immunity, in the context of parallel DoJ investigation. Legal and strategic advice to clients facing investigation and prosecution by the International Criminal Court. Special Court for Sierra Leone: amicus brief on the question of whether Charles Taylor enjoyed immunity from prosecution. R v Zardad: defended in the first prosecution in the UK for crimes committed wholly abroad (torture and hostage-taking in Afghanistan). House of Lords case on the status of the international crime of aggression in domestic law (R v Jones (Margaret)). 5

6 Numerous Caribbean death row appeals to the Privy Council, raising issues including provocation, diminished responsibility, joint enterprise, admissibility of confessions, and the constitutionality of imposing the death sentence on mentally disordered offenders. Ongoing challenges to the mandatory death penalty in Sierra Leone. Death penalty cases before the Inter-American Court of Human Rights. Numerous inquests into deaths in custody and at the hands of the state, including the inquests into the deaths of Diana, Princess of Wales and Dodi Al Fayed (represented Mohamed Al Fayed); Ian Tomlinson (represented the Tomlinson family); and Alexander Litvinenko (represented Andrey Lugovoy). Represented Liberty in the judicial review claim brought by David Miranda about his detention under anti-terrorism powers while carrying journalistic material relating to Edward Snowden. Represented Liberty in the judicial review relating to the impact of police stop and search powers: Roberts v Metropolitan Police. Represented a number of public figures, including John Prescott, Chris Bryant and Brian Paddick, in their judicial review of the failure of the Metropolitan Police Service to investigate tabloid phone hacking. Catt v Metropolitan Police: Represented 90-year old peace protester in his Supreme Court case about the retention of his personal data on a domestic extremism database. Austin v UK: Strasbourg challenge to the lawfulness of police kettling. G v Metropolitan Police: represented a prominent businessman in his successful challenge to the erroneous grant of a warrant to search his home for child pornography. Hindawi v Secretary of State for Justice: challenge to refusal of Secretary of State to order the release of Nezar Hindawi, convicted of attempting to blow up a passenger plane in Adams v Secretary of State for Justice: Supreme Court decision on the meaning of miscarriage of justice : represented JUSTICE, the intervener. Roberts v Parole Board: House of Lords decision on the use of special advocates before the Parole Board. Representing victims of crime in the CPS Victims Right of Review process, including the sister of Sean Rigg, who died following police restraint. Advising the Crown Prosecution Service on the duties owed to victims of crime, in the context of prosecutorial failures in individual cases. B v Director of Public Prosecutions: Article 3 violation arising out of the decision to drop a prosecution where the victim of a serious assault had mental health problems. Caetano v Metropolitan Police: Successful challenge to a police caution administered to a victim of domestic violence. 6

7 Hanscombe v UK: representing the partner of Rachel Nickell in connection with the failure of the police to catch her killer. Bar Vocational Qualification, Gray's Inn Bedingfield Scholarship BCL, University of Oxford, 1999 (first class). BA (Law) University of Cambridge, 1998: starred first; came top of year and was awarded the Slaughter & May prize for the best performance in law finals and the George Long prize for jurisprudence. Administrative Law Bar Association (ALBA) American Society of International Law British Institute of International and Comparative Law Defence Extradition Lawyers Forum Extradition Law Association Female Fraud Forum Fraud Lawyers Association Human Rights Lawyers Association International Bar Association Young Public International Lawyers Group (Board Member) : Fellow of All Souls College, Oxford : Visiting Lecturer in Public Law, King's College London 2017: Appointed Queen s Counsel 2017: Appointed to the Guernsey Investigatory Powers Tribunal Editor, lawofnationsblog.com Contributing author, Canons of Construction and other Interpretive Principles in Public International Law (forthcoming 2018, Kluwer) Doing business with states: recent lessons learned, Journal of International Banking and Financial Law (2018) Co-author, with Tim Owen QC, Prison Law (5th ed, Oxford University Press, 2015) Contributor to latest edition of Fox and Webb, State Immunity (Oxford University Press, 2013) General Editor, with Ben Emmerson QC and Professor Andrew Ashworth QC, Human Rights and Criminal Justice (3rd ed, Sweet and Maxwell, 2012) 7

8 Contributing author, Blackstone's Guide to the Serious and Organised Crime Act (Oxford University Press, 2005) 8