Chambers & Partners 2013
Legal 500 2011 (Immigration leading silks - band 2)
Chambers & Partners 2010
Chambers & Partners 2009
Chambers & Partners 2008
Ian started out in criminal law by doing cases of malpractice for the West Indian Standing Committee in the 1960s and was involved in major political trials during the 1970s and 1980s including the Mangrove Nine
, Angry Brigade, Balcombe Street siege, Black parents and students' association cases in London and Manchester, including Jackie Berkeley, Newham Seven, DPP v Rose (HL), Satpal Ram, and the Ordtech (arms to Iraq) appeal case. He has appeared in countless murder and other serious criminal cases, including recent terrorist trials (see recent cases below):
Ian has been involved with race relations and immigration law since the days of opposition to the Commonwealth Immigrants Act 1962. He was a member of a small group of Society of Labour Lawyers and of the Campaign Against Racial Discrimination (CARD) legal group in the 1960s, which helped draft proposals for race relations law in the United Kingdom.
He wrote his first book for Butterworths on immigration and race relations law in 1969. His bookMacdonald's Immigration Law and Practice is now in its 8th edition [updated 2010] and is the standard textbook used by immigration practitioners, immigration officials, Adjudicators and Judges.
His immigration practice continues to cover the whole field of immigration law, both court work and advice. Ian has been instructed in many of the well-known anti-deportation campaign cases and has been counsel, both as junior and as silk, in numerous reported immigration cases from Immigration Appeal Tribunal level up to the House of Lords, and has been to Strasbourg and to the European Court in Luxembourg. He advises football clubs and other sporting bodies as to overseas professional staff. In 1998 he was appointed by the Attorney General as special advocate to the Immigration Appeals Commission dealing with national security cases, and acted in that capacity in both pre and post 9/11 appeals He resigned in December 2004 in protest against the indefinite detention powers without trial imposed by the Anti Terrorism Crime and Security Act 2001, and has since acted in control order appeals.
Ian has recently been instructed to prepare and argue grounds of appeal to the Supreme Court on the issue of posted workers in the EU. He is also presently involved in a criminal trial in which there are issues relating to posted workers and to the effect of a European Directive on the proper ambit and interpretation of the criminal offence of facilitating a breach of immigration law.
Inquests / race relations
Ian has always undertaken inquest work, acting for bereaved families, since the early days of his practice, appearing at St Pancras Coroners' court on an almost weekly basis in the 1960s. In 1981 he represented families of those who had died in the Deptford fire and became famous for riding his bike from the inquest to the High Court to challenge rulings of the coroner. In 1987 he was appointed chair of an inquiry into racial violence in Manchester Schools, following the murder in the playground of 13-year-old Ahmed Ullah by another pupil. His widely proclaimed report was published in book form under the title Murder in the Playground. In 1998 he was leading counsel for Duwayne Brooks in the Lawrence Inquiry, helped to run community self defence on behalf of young Asian clients, who mobilised to resist attacks by racist mobs on their community in Burnley in 2002, and was briefed with Terry Munyard in autumn 2003 on behalf of the Sylvester family in the Inquest into the death under police restraint of the late Roger Sylvester. Recent cases:
Public law (judicial review)
Undertakes judicial review work relating to immigration, prison law and other civil and criminal law cases. Recent cases:
Senior Statesman: Immigration: London "Ian Macdonald QC is the author of key immigration practitioners' textbooks. His elevation to Senior Statesman status is in recognition of his long-standing contribution to the field of immigration law." Chambers & Partners 2013 more
Leading Silk: Immigration and Nationality "...highly admired by peers and clients alike." Legal 500 2011, Immigration leading silks - band 2 more
Leading Silk: Immigration "Ian Macdonald QC's practice encompasses the full range of immigration law, and he has appeared in numerous reported immigration cases in the Immigration Appeal Tribunal and the House of Lords. One of the practice's true veterans, he authored a leading textbook in the sector, and has been involved in immigration and race relations since he was called to the Bar." more
Leading Silk: Immigration "Ian Macdonald QC's tremendous reputation for work across the immigration and race relations sector is assured not only through his efforts in court, but also by dint of the fact that he authored the leading textbook on immigration. His personal approach is valued by sources, who comment that his 'affable, outside the box style endears him to peers and clients alike'. Macdonald's varied practice covers the full gamut of immigration advice and representation, from defending alleged terrorists to advising sporting bodies on the procurement of overseas staff" - Chambers & Partners 2009.
Leading Silk: Immigration and Nationality "Ian Macdonald QC is strong on the racial relation aspects of immigration, with expertise on high-profile anti-deportation campaign case" - Legal 500, 2008
Leading Silk: Immigration "Ian Macdonald QC's reputation for sector-defining work in immigration and race relations is assured through his authorship of the leading immigration textbook and his long-term influence on the sector through his own case law. Sources recognise him for his work on the overlap between crime and immigration, noticing his work defending alleged terrorists and appearing on control order appeals in the British and European high courts." - Chambers & Partner 2008
RB (Algeria) v Secretary of State for the Home Department  UKHL 10 (18 February 2009) - instructed by Liberty (Interveners). SIAC deportation orders, Article 3, Article 5 and Article 6 ECHR, validity of memoranda of understanding. > judgment
SS and Others (Sovereign immunity claim - Certificate conclusive) Malaysia  UKAIT 00007 (11/02/2009) Where an appellant claims State immunity a certificate issued by the Secretary of State under s.21 of the State Immunity Act is conclusive and may not be questioned by the Tribunal > judgment
Abdi & Ors v Secretary of State for the Home Department  EWHC 3166 (Admin) (19 December 2008) - validity of a Government policy relating to the detention of FNPs pending their deportation from the United Kingdom and whether their detention was thereby unlawful >judgment
Obed and Others v Secretary of State for the Home Department  EWCA Civ 543, which overruled an earlier line of AIT decisions on consequences of students failing an exam or changing their courses
BP (DP3/96, Unmarried Partners) Macedonia  UKAIT 00045 (28 February 2008). Where DP3/96) was complemented by a parallel concession relating to persons in a relationship akin to marriage, persons should not be removed, if they can show that thy have met the requirement of 2 years in a relationship akin to marriage even if for part of that period the couple were married.>judgment
Lexi Holdings Plc v Luqman & Ors  EWHC 151 (Ch) (15 January 2008)- temporary licence for Prisoners in contempt of court - Prison Service Order 6300 invalid. > judgment
R v Barot (Dihren)  EWCA Crim 1119; The Times 23/05/2007 Appeal against sentence in a major terrorist trial - appeal allowed - appropriate minimum term set by the Court - Section 58 Terrorism Act 2000 > judgment
Secretary of State for the Home Department v JJ & Ors  EWCA Civ 1141 (leading Melanie Plimmer) test action on validity of control orders - A's control order quashed - those of other A's go to House of Lords. (instructed by GMIAU) > news story / judgment
R v Leeshue  EWCA Crim 1987 Appeal Against Sentence, Murder, Firearms offences - appeal allowed > judgment
R v Makuwa  EWCA Crim 175  2 Cr App R 11 Successful Appeal against Conviction by asylum seeker, entering UK with false document - effect on prosecution of Art 33 Refugee Convention and s 31 of Immigration and Asylum Act 1999. > judgment
R (On The Application Of Pekkelo) v HM Coroner For Central & South East Kent (2006)  Ewhc 1265 (Admin) Asylum Seeker gets gangrene while hidden in back of lorry travelling to UK - : Unavailabity of Medical Treatment in Dover docks -Sufficiency of coroner's directions on issue of neglect : Art.2 European Convention On Human Rights > judgment
N v Secretary of State for the Home Department  UKHL 31  2 AC 296  2 WLR 1124 where HL laid down the test for the removal from the UK of a seriously or terminally ill person.
R (On The Application Of Borak) v Secretary Of State For The Home Department (2005)  EWCA Civ 110 Asylum Seekers : Certification under s.96(2) Nationality Immigration And Asylum Act 2002 in respect of a previously determined asylum appeal - proper approach to applications on same facts under ECHR Art. 3 and the Refugee Convention > judgment
Brakat (Halliday Reeves) (R on the application of) v Secretary of State for the Home Department (2003) CO/52/2003 should an asylum seeker who is deemed eligible for work permit by Work Permits UK be given leave to remain? (Case settled in favour of A)
Canaj v Secretary of State for the Home Department, Vallaj v A Special Adjudicator  EWCA Civ 782  INLR 342 - Judicial Review - Kosovan Albanians- protection for refugee purposes could be provided by a UN interim administration (UNMIK) and NATO troops acting in place of the authorities of the state of nationality (FRY) > judgment
Sylvester (R on the application of) v Director of Public Prosecutions  EWHC Admin 442 - Administrative Court hold that inquest into a death following police restraint should take place before any criminal trial. IM was leading counsel at the inquest, where a verdict of unlawful killing was returned by the jury, but this was overturned on judicial review
Dr Mahmood Hossain v General Medical Council (2001)  UKPC 40health - PC overturn finding of Serious Professional Misconduct against a GP > judgment
R v Secretary of State for the Home Department, ex parte Isiko  INLR 109, CA , Deportation and respect for family life- Wednesbury approach to Secretary of State for the Home Department's assessment of proportionality under ECHR Art 8.2 adopted by CA.
R v Lambert (Steven) (2) Ali (Mudassir Mohammed) (3) Jordan (Shirley)  2 W.L.R. 211, CA. - The Court of Appeal held that the requirement under section 2 of the Homicide Act 1957 for an accused to establish the defence of diminished responsibility on a charge of murder is not incompatible with the presumption of innocence under ECHR Article 6(2).
R v SSHD ex p B  INLR, CA.
R v SIAC ex p Rahman  All ER, CA.
R v SSHD ex p Shingara, CA  INLR.
R v Chairman of Stephen Lawrence Inquiry, ex parte (1) Neil A'Court (2) Jamie A'Court (3) David Morris (4) Luke Knight (5) Gary Dobson (1998) QBD 18/6/98 criminal law - criminal evidence - discrimination - s.49(1) police act 1996 : limit to scope of questions : inquiry : questions incidental to a true issue
Rafiq v SSHD, CA .
R v SSHD ex p Chavrimootoo, CA  Imm AR.
Shingara (Free movement of persons)  EUECJ C-65/95
Abdi & Gawe v SSHD, HL  Imm AR.
Ravichandran v SSHD, CA  Imm AR.
Phull v SSHD, CA  Imm AR, Kabba v SSHD, CA  Imm AR.
R v SSHD ex p Gardian QBD  Imm AR.
> 2/10/12 - UK's rejection of Afghan interpreter asylum bid (BBC Newsnight)
> 21/11/11 - Dereci (European citizenship) case commentary
> 21/7/11 - "Exploitation" in the context of the offence of trafficking (Lexis Nexis Current Awareness)
Macdonald's Immigration Law and Practice (8th ed, 2010) with Ronan Toal and other members of the immigration team in Chambers
New Nationality Law with Nicholas Blake (1984)
Race Relations: The New Law (1977);
Race Relations and Immigration Law (1969);
The Land Commission Act 1967 (co-author);
Resale Price Maintenance (1964);
Ian is on the editorial board of Immigration, Asylum and Nationality Law and was former consultant editor of Butterworth's Encyclopaedia of Forms and Precedents; and Nationality and Immigration. Ian has written numerous articles on (inter alia) immigration, counter terrorism, race and employment law for New Law Journal, IDS Brief Supplements, Oxford Economic Law Review, Race & Class Today, the national media, Immigration, Asylum and Nationality Law and for journals in Canada and the United States.
British Representative on the Commission Seciale pour l'Ãtude des Lois Anti-trust (1963-65)
Member of the Commission of inquiry into the disappearance of General Delgado (1965)
Member of the legal committee on inquiry into student sit-ins at Manchester University (1971), Member of independent trade union committee of inquiry into events on the right-to-work march on Friday 19 March 1976, Chairman of inquiry into racial violence in Manchester schools - Murder in the Playground (1988).
Immigration Law Practitioners' Association (President since 1984), Administrative Law Bar Association, Bar European Group and Criminal Bar Association.
Ian was born in Glasgow and remains committed to his Scottish heritage. Friends went to the Scottish Bar and prospered, but apart from reading for the English Bar in the Faculty of Advocates' Library in Edinburgh, and being in a Swiss law firm in Geneva, he has so far stuck to the English Bar, where he has built up a very successful criminal and immigration practice.
Ian started life at the Bar in a very establishment set, specialising in local government and planning law, and had done a bit of teaching at what is now Kingston University. Then he heard of a zany bunch of young radicals who had set up shop in Lincoln's Inn just after finishing pupillage, and rushed to join them. Thus began Garden Court in 1974. Ian has was head of chambers here at Garden Court North, since we were established in 1996 until 2013 and he was also joint head of Garden Court chambers (London) with Owen Davies, until he relinquished the baton in 2002.
French (fluent), some Spanish.
Save UK Justice resources
- what's it all about?
- Links to briefing papers
- Template MP letters- Consultation responses
Latest GCN legal bulletins
Housing Team Bulletin (Feb 2014)
Crime (December 2013)
Quick Guide to LASPO 2012 Part 3 (re: crime)
Quick Guide to LASPO 2012 for Housing Law
Quick Guide to LASPO 2012 for Immigration Law
Now on Twitter @gcnchambers
02/01/2014 Criminal Barristers National Protest
19/12/2013 Breach of PSED in the provision of women’s approved premises
18/12/2013 GCN Chambers welcomes vote of no confidence in Law Society leadership in Legal Aid fight
Richard Brigden acting for anti drilling protesters
3/12/2013 MoJ VHCC list clarification
28/11/2013 David Campion - Judgment in EAT case on employment status of a CoE priest handed down
21/11/13 Matthew Stanbury- Divisional Court reiterate that there is no power to lay an information outside the six-month time-limit
19/11/13 Phillip McLeish - Judgment in Leicester City Council v Shearer
15/11/13 Pupil Joseph Markus on becoming homeless because of the benefit cap
15/11/2013 Cuts to Legal Aid - first VHCC case refused
18/10/13 Vijay Jagadesham on prisoners voting rights -BBC Lancashire
17/10/13 - GCN
Mini-Pupillage applications open
17/10/13 Mark George QC elected as Head of Chambers
7/10/13 Judgment due in Osborn & Booth
09/10/13 Prisoners succeed in oral hearings challenges in the Supreme Court
1/10/13 Tom Royston instructed in bedroom tax challenge for children needing overnight care
27/10/13 Campaign to Save Legal Aid Comes to Manchester - 29.9.13
26/09/13 Jared Ficklin in CART-type JR application, permission granted by Admin Court
25/09/2013 Legal 500 recommendations 2013
24/09/13 Clare Ashcroft and Alex Offer join chambers
22/9/13 Richard Brigden to deliver training on pre-trial issues in Malawi
29/7/13 Sara Woodhouse Davie represents care home assistant found not guilty of ill treatment
19/7/13 Mark George QC elected as a Master of the Bench of the Inner Temple
19/7/13 Mini-pupillage at Garden Court North Chambers to recommence
9/7/13 Pete Weatherby QC in landmark case: Grand Chamber judgment finds whole-life orders without review breach Art 3
9/7/13 Mark George QC on "No to Legal Aid Cuts"
5/7/13 GCN pupil Richard Brigden on LGBT rights in Africa
2/7/13 Ben McCormack in JR of decision by Official Receiver to revoke Debt Relief Order
2/7/13 Pete Weatherby QC in successful COA case concerning wrongful conviction (Smart v FSS)
27/6/13 Mark George QC acted for Defendant in Oxford sex-grooming case
26/6/13 Brigid Baillie acted for student cleared of sexual assault charges
26/6/13 Pete Weatherby QC on Ian Brady and Human Rights
20/6/13 Track changes update – “protectively issued” damages only claims (housing bulletin)
Seminar: Ways to do legally aided welfare rights work now there's no legal aid for welfare rights M'cr 15/7/13 4CPD
18/6/13 David Campion on manslaughter by gross negligence in medical context
10/6/13 Human Rights claim over bullet conviction mix-up
10/6/13 Hillsborough inquests start date confirmed
30/5/13 Criminal law update
29/5/13 GCN Transforming Legal Aid responses
27/5/13 Mark George QC reflects on a week of action against Legal Aid cuts
22/5/13 Damages for detention breaching Art 5(1) (Stickley v MOJ from 2011) transcript added
21/5/13 Mark Barlow on sex offences, moral panic and right to fair trial
16/5/13 Matt Stanbury on dangerous dogs, anti-social behaviour and miscarriages
15/5/13 Sarah Daley shortlisted for LALY 2013 awards
7/5/13 Sarah Daley on concerns over immigration JR curbs
2/5/13 Hillsborough inquests to be held in North West
15/4/13 Osborn & Booth (Parole Board oral hearings) in Supreme Court this week
25/3/13 2013 applications for 2014 pupillage
12/3/13 Matt Stanbury on how long do sex offenders have to notify on release
5/3/13 Tom Royston on Universal Credit
21/2/13 Pete Weatherby QC on jury trials / Vicky Pryce
14/2/13 IPP sentences - ECHR ruling stands as Grand Chamber rejects Government's application to appeal (James Wells & Lee)
12/2/13 Good qn? Some thoughts on expert evidence within injunction proceedings
6/3/13 Brigid Baillie on Gangbos two years on (Justice Gap)
4/2/13 Mark Barlow on Challenging Convictions for Historical Sexual Offences
1/2/13 GCN pupil Tom Royston at "Legal Advice in crisis" conference (M'cr) on 9/2/13
31/1/13 New Standard Contractual Terms
25/1/13 Ian Lawless miscarriage compensation test case succeeds
25/1/13 Ben McCormack on Public Sector Equality Duty
22/1/13 Mark George QC in "Miscarriages of justice and jury trials" debate at KCL London
3/1/13 Passionate about justice
3/1/13 Mark George QC on the new Hillsborough inquests
19/12/12 Hillsborough inquest verdicts quashed in High Court
19/12/12 Social media prosecution guidelines
18/12/12 Criminal Law update
10/12/12 New Sex Offenders Notification regime challenge
28/11/12 ECHR Grand Chamber: Vinter v UK (whole life, Art 3) - Pete Weatherby QC
28/11/12 Twitter and contempt
23/11/12 JR clampdown
15/11/12 Life sentence quashed for hospital order
13/11/12 Permission to appeal JR refusal (eviction)
Human Trafficking and the Law
5/11/12 Mark George QC death penalty lectures (Amicus)
2/11/12 NEW! Chambers & Partners 2013 rankings
31/10/12 Mark George QC: SYorks Police "out of control"
22/10/12 Orgreave miners and South Yorkshire Police (BBC)
18/10/12 Blogger ASBO quashed
4/10/12 "A Kafkaesque nightmare"
3/10/12 Extradition: fitness to plead
18/9/12 ECHR rules on IPPs
14/9/12 Criminalise squatting?
13/9/12 Hillsborough report
5/9/12 Sex offender notification
16/8/12 Assange extradition
16/8/12 Matt Stanbury / Ben McCormack audio recording of PLP JR North 2012 plenary
15/8/12 Admissibility of hearsay
18/7/12 Family immigration rules
11/7/12 David Campion joins
28/6/12 Fresh gynaecological evidence (S & Ors v R)
27/6/12 Wrongly accused
26/6/12 Juvenille murder in US
22/6/12 Talha Ahsan
13/6/12 Rape conviction quashed (Court of Appeal NI)
13/6/12 Dangerous dogs
23/5/12 Cautions, coppers & cons
18/5/12 Equal pay
18/5/12 "Justice on the cheap"
14/5/12 Sharing JR
14/5/12 Why we do what we do
9/5/12 Mullings-Sewell inquest
23/4/12 Brighton Declaration
19/4/12 Belfast H-Rights event
18/4/12 ECHR reform (BBC)
12/4/12 Mark George QC - Visiting practitioner at Centre for American Legal Studies
11/4/12 Abu Hamza (BBC)
2/4/12 New QC
29/3/12 What is an IPP
8/3/12 Trafficking legal f/work
1/2/12 NEPB CoA latest
27/1/12 Death by incarceration
19/1/12 Loss of control
5/1/12 Double jeopardy
23/12/11 "Sickie" juror
20/12/11 Police on jury
14/12/11 Joint enterprise
9/12/11 UKBA "unfair" and "obscure" decisions quashed
5/12/11 2005 IPP quashed
18/11/11 Surveillance laws
16/11/11 Distance learning policy unlawful (HMP Wakefield)
28/10/11 Indirect discrimination
18/10/11 Squatting reform
18/10/11 Riot appeals
12/10/11 New Ogden Tables
6/10/11 Supergrass evidence
3/10/11 PB "mistake of fact"
28/9/11 Teacher cleared
4/8/11 Learning disability
22/7/11 Murder of burglar (ITV)
21/7/11 Trafficking offences
16/6/11 Facebook juror
26/5/11 Fasting prisoner, Art 9
29/3/11 Teacher arrest unlawful
3/3/11 Sex Offenders Register
14/2/11 Bahrain: BHRC report
8/2/11 Litigants in person
1/2/11 EHRC Preferred Counsel
7/1/11 Mark Barlow in Rook & Ward on Sexual Offences (4th)
4/1/11 Osborn & Booth
Macdonald's Immigration Law & Practice (8th ed.)
23/11/10 Sexual orientation
3/11/10 Pinnock judgment
19/4/10 Hannah McIntyre
16/12/09 Third party support
16/12/09 Sonny Lodge inquiry
30/11/09 IPP transfer- Guittard
9/9/09 Michael Shields released
16/6/09 Murder quashed
12/11/08 Pro-bono hero
23/10/08 "Small but beautiful"
9/9/08 Dog "Rocky" not guilty
4/7/08 Posthumous appeal
22/11/07 Mesothelioma ruling
12/04/06 Oral sex in public
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Friday 22 November 2013 >>
Resettlement Law - Howard League for Penal Reform
Prison Law Seminar - Parole a best practice guide
Garden Court North, 22 Oxford Court, Manchester, M2 3WQ