Remi Reichhold

Remi has more than 15 years of experience as a public international law practitioner. He regularly advises States and acts in inter-State litigation before international courts and tribunals, including the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS).

He is recognised in Chambers & Partners as a “ strong PIL lawyer” who has acted for an “impressive array” of national governments.

Inter-State Litigation

Remi is currently counsel for the governments of Mauritius and Equatorial Guinea in cases before the ICJ and ITLOS.

Remi recently advised a national liberation movement on matters of decolonisation and is currently advising a number of States on various matters of international law. He recently advised a government department on trade and human rights implications flowing from Brexit.

Remi has provided substantive and editorial input to leading textbooks, including:

• Principles of International Environmental Law (P. Sands, J. Peel, A. Fabra & R. Mackenzie, Cambridge University Press, 4^th Edition)
• Bowett’s Law of International Institutions (P. Sands, P. Klein, Sweet & Maxwell, 6^th Edition)

Investor-State Arbitration

Remi has a growing practice in investment treaty arbitration. He is currently counsel for two claimants in arbitral proceedings under the UNCITRAL Rules, administered by the Permanent Court of Arbitration: Gruner Stucky Ltd & Bernard Gruppe ZT GmbH v Hashemite Kingdom of Jordan (led by Luis González García).

Remi recently acted as junior counsel for three claimants in CMC v Mozambique (ICSID Case No. ARB/17/23). The claim arose from a construction dispute during which the claimants alleged treaty breaches with respect to: (i) fair and equitable treatment; (ii) discriminatory measures; (iii) complying with undertakings in good faith; and (iv) affording treatment no less favourable than to investors and investments of third countries.

Remi has more than 10 years of experience as a public international law practitioner. He regularly advises States and acts in inter-State litigation before international courts and tribunals, including the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS).

He is recognised in Chambers & Partners as a “strong PIL lawyer” who has acted for an “impressive array” of national governments.

As a member of the Attorney General’s civil panel (C Panel), Remi is frequently instructed by the Government Legal Department to represent and advise government departments in civil proceedings, including the Ministry of Justice and the Home Office.

Remi regularly acts in judicial review proceedings, both as sole and junior counsel. Current and recent work includes public law challenges concerning:

• the statutory regime for mandatory referral of complaints to the IOPC (R (Rose) v GMP [2021] EWHC 875 (Admin))
• the recording of public complaints under Part 2 of the Police Reform Act 2002
• the retention of non-conviction data on the Police National Computer
• alleged failures to make reasonable adjustments under the Equality Act 2010
• the provision of child maintenance
• a public authority’s disclosure of information to a potential employer
• Remi recently acted for the Charity Commission in proceedings pursuant to s.114 of the Charities Act 2011 to recover more than £100,000 from a charity trustee
• Human rights concerns arise throughout Remi’s practice, both domestic and international. He has advised on liability and damages under the Human Rights Act 1998 and often acts in cases where human rights are engaged, either on a freestanding basis or in conjunction with other issues. Remi also regularly defends public bodies in discrimination claims under the Equality Act 2010.

Remi has considerable experience of information law and data protection. He regularly acts in claims relating to:

• alleged failures to comply with subject access requests and requests under the Freedom of Information Act 2000 (FOIA)
• the processing and sharing of information by public bodies under the Data Protection Act 1998 and 2018, and the General Data Protection Regulation (GDPR)
• alleged breaches of Article 8 ECHR
• misuse of private information and breach of confidence

Remi regularly acts in appeals to the First-tier Tribunal on behalf of appellants, respondents and the Information Commissioner.

He recently represented the Information Commissioner in an appeal brought by the Department for Work and Pensions concerning the applicability of s.43(2) FOIA in the context of the administration of a welfare scheme (EA/2022/0240 [2023] UKFTT 350 (GRC))

Remi also recently acted for the Secretary of State for the Home Department (led by Sir James Eadie KC and Alan Payne KC) in a judicial review challenge concerning the retention and extraction of data from mobile phones seized from migrants crossing the Channel. The main issues are:

• the lawfulness of the exercise of search and seizure powers;
• whether the retention and extraction of data from mobile phones was lawful pursuant to Article 8 ECHR; and
• whether the processing of migrants’ personal data was consistent with the SSHD’s obligations under the Data Protection Act 2018.

The High Court gave judgment on 25 March 2022 (R (HM, MA & KH) v SSHD [2022] EWHC 695 (Admin))

Remi also acted for the Chief Constable of Greater Manchester Police in an appeal and cross-appeal relating to a FOIA request concerning the design and implementation of a new policing computer system (Bacon v Chief Constable of Greater Manchester Police & Information Commissioner (EA/2021/19&20)).

He is currently acting in a judicial review challenge concerning the retention of non-conviction data on the Police National Computer. Remi is also defending a claim for loss of earnings where the claimant alleges that a data controller unlawfully disclosed information to potential employers.

Remi’s current advisory work on matters of data protection and information law includes:

• advising in relation to the digitalising of all stop-and-search records
• advising a law enforcement agency on obtaining traders’ personal details from a cryptocurrency exchange located outside the jurisdiction
• delivering training on compliance with obligations under Part 2 and Part 3 of the Data Protection Act 2018

Remi has represented and advised more than 30 chief officers of police in civil proceedings.

Actions against the police

Remi regularly defends civil claims in the County Court and High Court for wrongful arrest, false imprisonment, assault/battery, malicious prosecution, misfeasance, trespass, discrimination and alleged violations of the Human Rights Act 1998. His experience extends to claims encompassing complex personal injury as well as aggravated and exemplary damages. Remi is instructed in Fast-Track and Multi-Track trials, including civil jury trials. He is currently acting for the Chief Constable of Greater Manchester Police in the High Court (Chancery Division) in civil proceedings arising from the death of Paula Leeson.

Advisory work on operational and tactical matters

Remi has advised chief officers in relation to sensitive operational and tactical matters including:

• whether a suspect in a criminal investigation has diplomatic immunity (R (Charles & Dunn) v Secretary of State for Foreign and Commonwealth Affairs [2020] EWHC 3185 (Admin))
• the use of police powers to manage protests
• reliance on police intelligence and material subject to public interest immunity in civil proceedings

He co-authored Coronavirus: A Guide for Police Forces in England and the corresponding Guide for Police Forces in Wales (which were published in March and April 2020, at the height of the first wave of the Covid-19 pandemic).

Public law family proceedings

Remi is frequently instructed by chief officers in public law proceedings in the Family Division of the High Court, particularly in complex disclosure matters and applications for Forced Marriage Protection Orders (FMPOs). He recently advised a chief officer on the enforcement of an ­ex parte FMPO in relation to non-British children who were kidnapped in England and taken to a foreign jurisdiction.

Police discipline

Remi represents appropriate authorities in misconduct hearings against serving and former officers. His experience includes allegations of corruption, discrimination, serious criminal offences and dishonesty. He recently acted on behalf of North Wales Police in proceedings against PC Ashton, who was dismissed for gross misconduct following an allegation that he disclosed the name of a police informant.

Remi acts in sensitive and high-profile inquests (including Article 2 and jury inquests) for a range of interest persons, including chief officers of police, local authorities and corporate bodies.

Current and recent coronial work includes:

• Acted for an employer following a death by suicide (5-day jury inquest)

Remi has also acted in inquests arising from deaths following police pursuits and the restraint of a man with acute behavioural disturbance.

Remi is regularly appointed ad hoc clerk in appeals at the Court of Arbitration for Sport in Lausanne, Switzerland. This includes five recent appeals relating to anti-doping rule violations by Russian athletes at the 2012 London Olympic Games and the 2013 IAAF World Championships.

Remi also recently advised an international sports governing body on amendments to its constitution.