Nigel Giffin QC

Biography

Nigel took silk in April 2003. He now practises mainly in the field of public law, although he still undertakes employment law and commercial law cases of certain kinds. His practice covers commercial and environmental judicial review, as well as many aspects of local government law including education, social services, housing, powers and finance and elections. He was formerly a member of the Attorney General's "A" panel of Counsel to the Crown, and undertook a number of important Human Rights Act cases in this capacity.

He is a CEDR accredited mediator, and has undertaken a number of mediations as both mediator and counsel.

Nigel studied law at Oxford, where he was awarded a first in his degree. He is the author of the chapter on Administrative Court proceedings in Foskett's Law and Practice of Compromise, and a member of the editorial board of Butterworths Local Government Reports.

Nigel has recently been acting as counsel to the Public Inquiry into the murder of Zahid Mubarek at Feltham Young Offenders’ Institution.

Recent Cases

Fletcher v Department for Children Schools and Families

[2008] UKEAT 0095 and

Duncombe v Department for Children Schools and Families

[2008] UKEAT 0433
Acting for teachers in the European Schools in tribunal proceedings concerning the Directive on Fixed Term Work and whether it was objectively justified to limit their maximum period of employment.

R. (Noone) v. Governor of Drake Hall Prison and another

Times, November 10 2008
Criminal sentencing – Consecutive sentences – Reconciling sentences under different Acts

R ota N v Barking and Dagenham IAP

February 2009
Nigel appeared for the claimant. The Court decided that the comparator test in DDA "less favourable treatment" education claims should be the same as that in Lewisham LBC v Malcolm [2008] 1 AC 1399, and not that in Clark v Novacold [1999] ICR 951.

Letting International Ltd v London Borough of Newham

[2008] EWHC 1583 (QB)
The Court has ruled that contracting authorities are obliged to disclose to tenderers in advance all elements which they will be taking into account when choosing between tenders,including sub-criteria and scoring matrices

R. (Kilby) v. Basildon District Council

[2007] HLR 39, CA
Lawfulness of clause permitting variation of secure tenancies only if majority of tenants’ representatives agreed

R (A) v. B Council

[2007] LGR 813
Woman refused permission by council to drive children to and from school because of old criminal convictions – Decision was neither irrational nor disproportionate

R. (JL) (a Youth) v. Secretary of State for the Home Department

Times, October 2 2007, CA
Attempted suicide of prisoner in custody – State’s duty to investigate

Eisai Ltd v. The National Insitute for Health and Clinical Excellence (NICE)

[2007] ACD 77
Guidelines issued by NICE in relation to the use of Aricept in treating Alzheimer’s disease were discriminatory

R. (British Union for the Abolition of Vivisection) v. Secretary of State for the Home Department

[2007] ACD 69; Times, August 27 2007
Scientific experimentation on animals – Death not ‘adverse effect’

R. (A.) v. Secretary of State for the Home Department

Times, September 5 2007
The continued detention, pending deportation, of a failed asylum-seeker after the end of a term of imprisonment because the safety of the public would be at risk and there was a high risk that he would abscond, was not unlawful

R. (Rowley and others) v. Secretary of State for Work and Pensions

Times, July 6 2007, CA
The Secretary of state for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991

R. (Governor of Wandsworth Prison) v. Kinderis and others

Times, June 26 2007
Extradition – Mutually inconsistent orders – Domestic prison duty postponed

R. (Ramsden and Naylor) v. Secretary of State for the Home Department

[2007] ACD 51
Recall of prisoners released on licence – Whether powers conferred by two sections of the Criminal Justice Act 2003 are mutually exclusive

Areas of Practice

• Civil Liberties
• Commercial
• Data Protection and Freedom of Information
• Education
• Elections
• Employment
• Environment
• European
• Housing
• Human Rights
• Mental Health
• Public and Administrative
• Public Procurement
• Social Services