Jonathan Worboys

Jonathan has a broad public and regulatory practice. He is particularly experienced acting in fact and document heavy, often expedited, judicial reviews, including commercial judicial reviews.

Example cases include:

• R (C3) v State for Foreign, Commonwealth and Development Affairs (Syria consular assistance and repatriation; acting for the Secretary of State for Foreign, Commonwealth and Development Affairs);
• R (Alhoubi) v Secretary of State for Foreign, Commonwealth and Development Affairs and others (challenge to Government decisions in respect of assistance to student dependants departing Gaza);
• R (Al-Haq) v Secretary of State for Business and Trade (exports in the Gaza conflict, the Lawyer Top 20 Cases 2025; acting for the Secretary of State for Business and Trade);
• R (FTDIHL Holdings Limited) v Chancellor of the Duchy of Lancaster (divestment under the National Security and Investment Act 2021);
• Ferguson and others v United Kingdom (same sex marriage rights in Bermuda; acting for the UK before the European Court of Human Rights);
• KIB v Secretary of State for Home Department (Terrorism Prevention and Investigation Measures Order; acting for the Secretary of State for the Home Department);
• QP1 and QP2 v Secretary of State for Home Department and Defence (the Government’s response to the Afghan data incident; acting for the Government);
• R (AS and MS) v Secretary of State for Foreign, Commonwealth and Development Affairs (challenge to in respect of the Government’s extended eligibility criteria);
• Lorenzo v Spain (employment law and State immunity; declaration of incompatibility; acting for the Secretary of State for Foreign, Commonwealth and Development Affairs);
• R (L1 FM Holdings and LetterOne Core Investments) v Secretary of State in the Cabinet Office (junior counsel for the defendant in a judicial review under the National Security and Investment Act 2021);
• Evtushenkova v Secretary of State for Foreign, Commonwealth and Development Affairs (Court review challenge to sanctions designations; acting for the Secretary of State);
• Slivnik and others v Martin Dinning and others (damages claim arising out of the collapse of the Anguillan banking system; Anguilla Crown Proceedings Act / ability to sue the Crown in Right of UK in Anguilla; Anguilla High Court and Eastern Caribbean Court of Appeal; acting for the Secretary of State for Foreign, Commonwealth and Development Affairs).

Jonathan has considerable expertise in civil liberties and human rights, particularly cases at the intersection of human rights and national security.

Example cases include:

• R (C3) v State for Foreign, Commonwealth and Development Affairs (Syria consular assistance and repatriation; acting for the Secretary of State for Foreign, Commonwealth and Development Affairs);
• R (Alhoubi) v Secretary of State for Foreign, Commonwealth and Development Affairs and others (challenge to Government decisions in respect of assistance to student dependants departing Gaza);
• R (Al-Haq) v Secretary of State for Business and Trade (exports in the Gaza conflict, the Lawyer Top 20 Cases 2025; acting for the Secretary of State for Business and Trade);
• R (FTDIHL Holdings Limited) v Chancellor of the Duchy of Lancaster (divestment under the National Security and Investment Act 2021);
• Ferguson and others v United Kingdom (same sex marriage rights in Bermuda; acting for the UK before the European Court of Human Rights);
• KIB v Secretary of State for Home Department (Terrorism Prevention and Investigation Measures Order; acting for the Secretary of State for the Home Department);
• QP1 and QP2 v Secretary of State for Home Department and Defence (the Government’s response to the Afghan data incident; acting for the Government);
• R (AS and MS) v Secretary of State for Foreign, Commonwealth and Development Affairs (challenge to in respect of the Government’s extended eligibility criteria);
• R (L1 FM Holdings and LetterOne Core Investments) v Secretary of State in the Cabinet Office (junior counsel for the defendant in a judicial review under the National Security and Investment Act 2021);
• Evtushenkova v Secretary of State for Foreign, Commonwealth and Development Affairs (Court review challenge to sanctions designations; acting for the Secretary of State).

Jonathan regularly acts in international human rights and international criminal law cases. In international human rights, Jonathan is particularly experienced working for States in cases before UN treaty bodies and special procedures and in the UN Human Rights Council. In international criminal law, Jonathan has substantial experience in cases before the International Criminal Court and ad hoc tribunals. He has further significant experience acting for Governments during post-conflict transitions on issues of justice and accountability. Jonathan is ranked in Legal 500 for international human rights and international criminal law.

Example cases include:

International human rights

• Marsha Lazareva v Kuwait – counsel to Marsha Lazareva in her human rights complaints against Kuwait. Marsha Lazareva is a Russian national and businesswoman who is detained in Kuwait on charges of embezzlement. Complaints submitted to the UN Working Group on Working Group on Arbitrary Detention, Special Rapporteurs, UN Reprisals mechanisms and engagement with the UN through the Universal Periodic Review (led by Cherie Blair CBE KC);
• The Permanent Mission of Sierra Leone to the UN Human Rights Council – legal adviser to the Permanent Mission of Sierra Leone to the UN Human Rights Council. Attended 23rd, 24th and 27th sessions of the UN Human Rights Council as a member of Sierra Leone’s delegation;
• UN Special Procedures – advising States and individuals in respect of numerous complaints before UN Special procedures, including the Working Group on Arbitrary Detention, the Committee on Enforced Disappearances and UN Special Rapporteurs.

International criminal law

• Prosecutor v. Bosco Ntaganda (International Criminal Court Appeals Chambers) – counsel appearing on the meaning of “attacks” in Article 8(2)(e)(iv) of the Rome Statute;
• Prosecutor v. Dominic Ongwen (International Criminal Court Appeals Chambers) – counsel appearing on whether the ICC’s procedural and statutory framework allows for the shifting the burden of proof to the defence in cases of mental incapacity;
• Decision Pursuant to Article 15 of the Rome statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar (International Criminal Court) – investigation into crimes against the Rohingya cited more than 20 times in the Court’s decision and more than 50 times by the Prosecutor in her request to commence an investigation.

• Specialist Prosecutor v. Gucati and Haradinaj (Kosovo Specialist Chambers): co-counsel for Mr Haradinaj in one of the first cases before the KSC. Delivered opening speech for Mr Haradinaj; appeared as counsel before the court during Gucati defence and examined all Gucati defence witnesses; examined two Prosecution witnesses that were recalled.

Significant advisory work

 The Ministry of Justice of the Government of A – counsel to the Ministry of Justice of Government of A in an international investigation into alleged international crimes;

• The Ministry of Justice of Government B – counsel to the Ministry of Justice of Government of B in respect of a series of extradition requests concerning international crimes;
• The Ministry of Justice of Government C – advising the Ministry of Justice of Government C on the establishment of transitional justice mechanisms and cooperation with the International Criminal Court;
• The Ministry of Justice of Government D – advising the Ministry of Justice of Government D on accession to the Rome Statute to the International Criminal Court;
• Sudan’s peace process – advising Sudan’s peace process on legal and process related issues including ceasefires, accountability mechanisms and resource sharing (2019 – 2020);
• Yemen’s peace process – advising parties to Yemen’s peace process on transition issues, including state structure, constitutional drafting processes and UN engagement (2018 – 2020);
• Syria’s peace process – advising members of the Syrian opposition during Geneva peace negotiations and the UN led Constitution drafting processes with the Government of Syria (2016 – 2020).

Jonathan has a broad public international law practice with cases ranging from State immunity in the employment context to trade licences, inter-State negotiations and armed conflicts. Jonathan has particular expertise in cases concerning international law in the domestic courts and cases relating to foreign policy. He is ranked in Legal 500, Chambers Bar and Chambers Global for public international law.

Example cases include:

International Court of Justice

• Chagos Request for an Advisory Opinion (International Court of Justice) – counsel for the United Kingdom.

International Criminal Court

• Prosecutor v. Bosco Ntaganda (International Criminal Court Appeals Chambers) – counsel appearing on the meaning of “attacks” in Article 8(2)(e)(iv) of the Rome Statute;
• Prosecutor v. Dominic Ongwen (International Criminal Court Appeals Chambers) – counsel appearing on whether the ICC’s procedural and statutory framework allows for the shifting the burden of proof to the defence in cases of mental incapacity;
• Decision Pursuant to Article 15 of the Rome statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar (International Criminal Court) – investigation into crimes against the Rohingya cited more than 20 times in the Court’s decision and more than 50 times by the Prosecutor in her request to commence an investigation.

Kosovo Specialist Chambers

• Specialist Prosecutor v. Gucati and Haradinaj (Kosovo Specialist Chambers): co-counsel for Mr Haradinaj in one of the first cases before the KSC. Delivered opening speech for Mr Haradinaj; appeared as counsel before the court during Gucati defence and examined all Gucati defence witnesses; examined two Prosecution witnesses that were recalled.

Investment arbitration

• Lazareva v Kuwait, ICSID Case No. UNCT/19/1 – investment claim arising out of a series of measures by Kuwaiti authorities, including unsubstantiated charges against the claimant, her harassment and improper detention);
• Micula & Others v Romania (Commercial Court; Court of Appeal; Supreme Court) – junior counsel for the First Claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20 (led by Sir Alan Dashwood KC and Patrick Green KC);
• A v State B (Commercial Court) – acting for a claimant in relation to a $25m arbitration enforcement. Issues of State immunity and service (sole counsel).
• Advising a State in respect of a series of potential investment treaty disputes (details confidential).

European Court of Human Rights

• Ferguson and others v United Kingdom (ECtHR) – acting for the United Kingdom in respect of alleged breaches of Articles 9 and 12, read alone or together with Article 14 arising out of the Bermuda Domestic Partnership Act 2018 (led by Jessica Wells, with Tom Cross and Jackie McArthur);
• An individual v a European State – advising on the extra-territorial application of Article 5 ECHR (led by Cherie Blair CBE KC);
• Bytyqi v Republic of Serbia – advising the family of three American-Kosovan Albanians killed by Serbian police in a proposed claim to the European Court of Human Rights for breach of the investigative duty under Article 2 ECHR.

International law in the English courts

• R (C3) v State for Foreign, Commonwealth and Development Affairs (Syria consular assistance and repatriation; acting for the Secretary of State for Foreign, Commonwealth and Development Affairs);
• R (Alhoubi) v Secretary of State for Foreign, Commonwealth and Development Affairs and others (challenge to Government policy in respect of providing diplomatic assistance to student dependants to depart Gaza);
• R (Al-Haq) v Secretary of State for Business and Trade (exports in the Gaza conflict, the Lawyer Top 20 Cases 2025);
• Evtushenkova v Secretary of State for Foreign, Commonwealth and Development Affairs (Court review challenge to sanctions designations) – acting for the Secretary of State (Led by David Blundell KC);
• Lorenzo v Spain – case concerning a declaration of incompatibility under the Human Rights Act in respect of s. 4(2)(a) State Immunity Act 1978. Acting for the Secretary of State.
• LXT v Secretary of State for Foreign, Commonwealth and Development Affairs – claim in respect of alleged failures arising out of consular assistance. Acting for the Secretary of State.
• Bancoult (No 5) and Chagossian Committee Seychelles v Secretary of State for Foreign and Commonwealth Affairs – counsel acting for the Foreign, Commonwealth and Development Office in judicial review proceedings arising out of United Kingdom policy regarding the British Indian Ocean Territory;
• Cyprus Colonial litigation – junior counsel for the Foreign, Commonwealth and Development Office in claims relating to alleged historic abuse arising out of the Cyprus Emergency in the 1950s.

International negotiations, mediations and significant advisory work

• EU Withdrawal – advising and acting for the Foreign, Commonwealth and Development Office and other United Kingdom government departments (including MOJ and DEFRA) on legal issues arising out of the United Kingdom’s withdrawal from the European Union (2017 to 2021);
• Treaty law – acting for and advising various United Kingdom government departments on treaty issues relating to approximately 50+ treaties. Issues advised on have included questions relating to form and substance, termination, suspension, revival, reservations and declaration, entry into force, State succession, territorial application and dispute resolution;
• Maritime boundary delimitations – acting for a government in two maritime boundary delimitations;
• Constitutional negotiations – advising and acting for the United Kingdom in constitutional negotiations between the Government of St Helena and the United Kingdom;
• IHL – advising a State on inter-State international humanitarian law obligations;
• International Air Services Agreement – legal counsel/legal advisor to a State during negotiations for an air services agreement;
• Law of the sea: advising and acting for the United Kingdom in respect of a range of law of the sea issues (details confidential);
• Environmental treaty ratification – advising a group of States on ratifying a protocol to a multilateral environmental treaty;
• Immunities – advising an international organization on immunity issues arising out of its operations (sole counsel);
• Customs Cooperation and Mutual Administration Assistance Agreements – advising HMRC on questions relating to customs related issues and CCMAAs with third countries (sole counsel);
• A Permanent Mission of a State to the WTO – adviser to the Permanent Mission of a State to the World Trade Organization and other economic institutions;
• The Ministry of Justice of the Government of A – counsel to the Ministry of Justice of Government of A in an international investigation into alleged international crimes;
• The Ministry of Justice of Government B – counsel to the Ministry of Justice of Government of B in respect of a series of extradition requests concerning international crimes;
• The Ministry of Justice of Government C – advising the Ministry of Justice of Government C on the establishment of transitional justice mechanisms and cooperation with the International Criminal Court;
• The Ministry of Justice of Government D – advising the Ministry of Justice of Government D on accession to the Rome Statute to the International Criminal Court;
• Sudan’s peace process – advising Sudan’s peace process on legal and process related issues including ceasefires, accountability mechanisms and resource sharing (2019 – 2020);
• Yemen’s peace process – advising parties to Yemen’s peace process on transition issues, including state structure, constitutional drafting processes and UN engagement (2018 – 2020);
• Syria’s peace process – advising members of the Syrian opposition during Geneva peace negotiations and the UN led Constitution drafting processes with the Government of Syria (2016 – 2020).

UK Parliamentary Inquiries

• UNCLOS: fit for purpose in the 21st Century? (2021) – contributing to evidence for the Foreign, Commonwealth and Development Office.

UN Human Rights and / or Special Procedures

• UN Human Rights Council – adviser to the Permanent Mission of Sierra Leone to the UN Human Rights Council. Attended the 23rd, 24th and 27th sessions of the UN Human Rights Council as a member of Sierra Leone’s delegation;
• Marsha Lazareva v Kuwait (human rights complaints) – counsel to Marsha Lazareva in her human rights complaints against Kuwait. Marsha Lazareva is a Russian national and businesswoman who is detained in Kuwait on charges of embezzlement. Complaints submitted to the UN Working Group on Working Group on Arbitrary Detention, Special Rapporteurs, UN Reprisals mechanisms and engagement with the UN through the Universal Periodic Review (led by Cherie Blair CBE, KC);
• Universal Periodic Review – strategic and legal advice to a State in respect of various aspects of its Human Rights Council Universal Periodic Review;
• UN Special Procedures – advising States and individuals in respect of numerous complaints before UN Special procedures.

Jonathan is a leading expert on British Overseas Territories law. He has acted in a variety of cases relating to the overseas territories and is currently Constitutional Counsel to Overseas Territories Department at the Foreign, Commonwealth and Development Office, to advise the Secretary of State on disallowance procedures in the British Overseas Territories.

Example cases include:

• Ferguson and others v United Kingdom (ECtHR) – acting for the United Kingdom in respect of alleged breaches of Articles 9 and 12, read alone or together with Article 14 arising out of the Bermuda Domestic Partnership Act 2018 (led by Jessica Wells, with Tom Cross and Jackie McArthur);
• AC v Secretary of State for Home Department (Upper Tribunal) – acting for the Government in respect of questions relating to the ability to bring public law proceedings against different parts of the Crown in the UK;
• Territorial dispute – advising a party to a territorial dispute on questions relating to British colonial law;
• Slivnik and others v Martin Dinning and others (damages claim arising out of Anguillan banking crisis; Anguilla Crown Proceedings Act / ability to sue the Crown in Right of UK in Anguilla; Anguilla High Court and Eastern Caribbean Court of Appeal; acting for the Secretary of State for Foreign, Commonwealth and Development Affairs);
• Bancoult (No 5) and Chagossian Committee Seychelles v Secretary of State for Foreign and Commonwealth Affairs – counsel acting for the Foreign, Commonwealth and Development Office in judicial review proceedings arising out of United Kingdom policy regarding the British Indian Ocean Territory.
• Constitutional negotiations – advising and acting for the United Kingdom in constitutional negotiations between the Government of St Helena and the United Kingdom;
• Chagos Archipelago (acting for the UK and Secretary of State for Foreign, Commonwealth and Development Affairs in international and domestic litigation and negotiations concerning the Chagos Archipelago).

Jonathan has a wide-ranging sanctions and economic security practice.

As to sanctions, Jonathan has acted for the Government in respect of sanctions designations under a variety of Regulations and for the Secretary of State in Evtushenkova v Secretary of State for Foreign, Commonwealth and Development Affairs (Court review challenge to sanctions designations). He has acted for banks on sanctions compliance issues including in respect of corporate transactions and bond issuance. He regularly acts for the Office of Trade Sanctions Implementation in sanctions enforcement and compliance cases.

As to economic security, Jonathan has acted for the Government in two of leading cases relating to the National Security and Investment Act 2021: R (FTDIHL Holdings Limited) v Chancellor of the Duchy of Lancaster and R (L1 FM Holdings and LetterOne Core Investments) v Secretary of State in the Cabinet Office. He is very familiar with cases at the intersection of commercial and public law.

Jonathan regularly acts in group actions and transnational torts cases. He has particular expertise in cases involving jurisdiction challenges, foreign law and parent company liability in respect of transnational torts / torts committed abroad (both environmental claims and human rights claims). In recent years, Jonathan has acted in cases involving aspects of Anguillan, Bermudian, Cypriot, Caymanian, German, Greek, Falkland Islands, French, Hungarian, Iraqi, Korean, Kuwaiti, Libyan, Mauritian and Spanish law. He has acted in jurisdiction challenges concerning cases with facts arising in, among others, Anguilla, Korea (Republic of), Spain and South America.

Example cases include:

• Viegas and others v Cutrale and others (Commercial Court) – junior counsel for the claimants in a case alleging breaches of competition law following an orange juice cartel in Brazil (led by James Flynn KC, with David Went and Juliet Wells).
• Municipio de Mariana v BHP (the Fundo Group Litigation) (Commercial Court) – junior counsel for the Municipality claimants in their application for an antisuit injunction to prevent BHP and others funding a claim in Brazil’s Supreme Court relating to issues before the English Court in the Fundao Group Litigation;
• Transnational foreign torts: acting for parties in two separate cases concerning alleged transnational environment torts (questions of jurisdiction; foreign law and parent company liability).
• Evidence (Proceedings in Other Jurisdictions) Act 1975: (High Court of Justice, KBD) – acting for a respondent healthcare provider in resisting an application for disclosure under the Evidence (Proceedings in Other Jurisdictions) Act 1975, for use in US class action proceedings;
• Volkswagen NOx Emissions Group Litigation – junior counsel to Volkswagen;
• Cyprus Colonial litigation – junior counsel for the Foreign, Commonwealth and Development Office in claims relating to alleged historic abuse arising out of the Cyprus Emergency;
• Elbuzidi and Alharati v Secretary of State for Foreign, Commonwealth and Development Affairs and others (allegations concerning unlawful detention abroad; acting for the Government);
• Slivnik and others v Martin Dinning and others (damages claim arising out of the collapse of the Anguillan banking system; Anguilla Crown Proceedings Act / ability to sue the Crown in Right of UK in Anguilla; Anguilla High Court and Eastern Caribbean Court of Appeal; acting for the Secretary of State for Foreign, Commonwealth and Development Affairs).
• LXT v Secretary of State for Foreign, Commonwealth and Development Affairs – claim in respect of alleged failures arising out of consular assistance. Acting for the Secretary of State.

Environment

 Jonathan regularly acts in environmental cases, before both international courts and tribunals and domestic courts.

Example cases include:

 Grand Ethiopian Renaissance Dam – acting for the Government of Sudan in respect of its dispute with the Government of Ethiopia relating to the GERD dam.

• Municipio de Mariana v BHP (the Fundo Group Litigation) (Commercial Court) – junior counsel for the Municipality claimants in their application for an antisuit injunction to prevent BHP and others funding a claim in Brazil’s Supreme Court relating to issues before the English Court in the Fundao Group Litigation;
• Transnational foreign torts: acting for parties in two separate cases concerning alleged transnational environment torts (questions of jurisdiction and foreign law; parent company liability).

Jonathan has a wide-ranging commercial practice with an emphasis on cases at the intersection of public, commercial and international law. He has particular expertise in private international law (jurisdiction challenges / service out of the jurisdiction and foreign law). Jonathan additionally has experience in cases concerning anti-suit injunctions and injunctive relief.

Example cases include:

• R (FTDIHL Holdings Limited) v Chancellor of the Duchy of Lancaster – junior counsel for the defendant in a judicial review under the National Security and Investment Act 2021 (led by Sir James Eadie KC, David Blundell KC, Richard O’Brien KC and with Karl Laird);
• Viegas and others v Cutrale and others (Commercial Court) – junior counsel for the claimants in a case alleging breaches of competition law following an orange juice cartel in Brazil (led by James Flynn KC, with David Went and Juliet Wells);
• Municipio de Mariana v BHP (the Fundo Group Litigation) (Commercial Court) – junior counsel for the Municipality claimants in their application for an antisuit injunction to prevent BHP and others funding a claim in Brazil’s Supreme Court relating to issues before the English Court in the Fundao Group Litigation;
• R (L1T FM Holdings and LetterOne Core Investments) v Secretary of State in the Cabinet Office – junior counsel for the defendant in a judicial review under the National Security and Investment Act 2021 (led by Rory Philips KC and Georgina Woolf, with Karl Laird and Emmanuel Sheppard);
• Silvnik and others v Martin Dinning and others (High Court of Anguilla) – junior counsel for the 8^th Defendant (Foreign, Commonwealth and Development Office) in respect of a claim for alleged losses arising out of the Anguillan banking crisis. Case raised allegations of civil fraud, procuring breach of contract, breaches of statutory duty and breaches of the Anguilla Constitution and / or European Convention on Human Rights; and the Anguilla Crown Proceedings Act (led by Daniel Saoul KC, with Camilla Cockerill);
• Evidence (Proceedings in Other Jurisdictions) Act 1975: (High Court of Justice, KBD) – acting for a respondent healthcare provider in resisting an application for disclosure under the Evidence (Proceedings in Other Jurisdictions) Act 1975, for use in US class action proceedings;
• Transnational foreign torts – acting for a party in a case concerning alleged transnational environment torts and parent company liability (questions of jurisdiction and foreign law);
• Palram v LG Chem Limited (Commercial Court) – junior counsel for a defendant in an application to set aside service of the Claim Form and Particulars of Claim out of the jurisdiction in respect of a fire arising from the supply of allegedly defective chemicals (common law rules, parallel proceedings, complex questions as to the applicable law)(led by Toby Riley-Smith KC);
• Jani v Garrido (High Court of Justice, KBD) – sole counsel for the defendant in an application to set aside service of the Claim Form and Particulars of Claim out of the jurisdiction in respect of a case concerning Spanish inheritance;
• Volkswagen NOx Emissions Group Litigation – junior counsel to Volkswagen.
• Dana UK Axle Ltd v Freudenberg Sealing Technologies GmbH & Co (Commercial Court) – junior counsel for the claimant in a claim for £7m+ in respect of a defective product relating to the automotive industry;
• CIG v Comin (Commercial Circuit Court) – acting for the Defendant in relation to an alleged unlawful means conspiracy case in the reinsurance sector.
• Lord Westbury and Others v Buka (Commercial Circuit Court) – junior counsel for the claimants in a shareholder dispute regarding a luxury hotel in Madagascar;

Jonathan has extensive EU law experience, including cases relating to the Withdrawal Agreement, Northern Ireland Protocol and retained EU law. Between 2016 and 2019, he acted for the UK in relation to negotiations regarding the UK’s withdrawal from the EU. He has also acted in EU related arbitration enforcement proceedings (Micula v Romania). Jonathan is ranked in Legal 500 for EU relations.

Jonathan is developing a public procurement practice. He is particularly well placed to act in cases raising issues of national security arising in the procurement context.