Pete Weatherby

‘exceptionally able and very easy to work with’

Legal 500 2010

"Outside of the capital, Pete Weatherby is recognised as one of the top choices for civil liberties."

Chambers & Partners 2010 - Leading junior in Administrative and Public Law

"unrivalled knowledge of administrative and public law in the North..."

Chambers & Partners 2009 - Leading junior in Administrative and Public Law

"he is extremely academic, has a good way with clients and can really argue his point in court, no matter how tough it gets."

Chambers & Partners 2009

"'very clever' ...continues to score victories in prison ...law cases with unerring regularity."

Legal 500 2008

"an 'exceptional legal mind' and 'is instructed where there are difficult or uncertain points'."

Legal 500 2006

Practice

Pete practices mainly in human rights, public, prison, inquest and criminal law, and is a regular commentator on such matters in the media. He was a founding member of Chambers and is also a tenant at our fraternal set; Garden Court Chambers, London, although practicing solely from GCN. He has appeared in a number of landmark cases including; R v Brockhill Prison, ex parte Evans (No 2) [2000] 3WLR 843 (false imprisonment), Ezeh & Connors v UK, [2004] 39 EHRR 1 (Article 6; prison adjudications), and; R (on the application of Middleton) v Sec of State Home Dept [2004] 2 AC 182. (Article 2; custody death Inquests). Pete appeared in the leading IPP case; R (James) v Secretary of State for Justice [2009] 2 WLR 1149 (systemic breach of public law duty to provide measures by which IPP prisoners can demonstrate they are no longer dangerous by the time their minimum term expires, and violation of Article 5), which is currently before the ECtHR, and in; R (Noone) v Secretary of State for Justice [2010] UKSC (an important case rectifying the way in which thousands of prison sentences are calculated).

Pete also specialises in international human rights, international and EU law including extradition, cases involving miscarriages of justice, protest cases, and he has a particular expertise in statutory interpretation. He regularly appears in the High Court, Court of Appeal, Supreme Court and Court of Human Rights. Much of his practice is high-profile, and he has undertaken leading briefs at all levels including the Supreme Court. Pete represented Reggie Kray (on parole matters), Robert Brown (who served 26 years of a life sentence for a murder he did not commit before the conviction was quashed), and Michael Shields (the football fan wrongly convicted of attempted murder in Bulgaria, who was pardoned in 2009). Pete also represented the family of Jessie James, a 15 year old brutally gunned down in Manchester in 2006, at the Inquest into his death.

Human rights

Pete regularly advises on all aspects of human rights law and has appeared in many important HR cases domestically and in the Court of Human Rights. His most notable cases have been; Middleton (Article 2), Ezeh and Connors (Article 6) and JF and Thompson [2010] (Article 8; declaration of incompatibility).

International law

Pete’s international law work includes such matters as a proposal for new Prison Law provisions for the Maldives government, and he has written a report for the Bar Human Rights Committee on the deteriorating Human Rights situation in Bahrain following a trial observation in July 2010; more . He has appeared in the Petitions Committee of the European Parliament arguing that the Bulgarian state should honour its commitments to due process under the EU Treaty, in respect to miscarriages of justice, and he has advised the NI Human Rights Commission in respect to the right to life and the carrying of ‘Personal Protection Weapons’.

Prison law

Pete regularly deals with judicial review and Court of Human Rights applications regarding release dates, parole, adjudications, and prison conditions. He has represented Claimants in a number of leading release-date, false imprisonment, adjudication and IPP cases. He also undertakes civil actions against the Ministry of Justice, amongst other actions, for breach of Article 5, assault, negligence and misfeasance. Pete also does some first instance prison work including difficult adjudications and lifer panels. He has appeared at all levels in prison law; Adjudications, Lifer panels, High Court, Court of Appeal, House of Lords and Supreme Court, and Court of Human Rights. Pete has written and presented a number of prison law courses, and currently leads the GCN 5-day prison law course aimed at solicitors, which is run two or three times a year and is regularly oversubscribed. He also regularly teaches on judicial review and public law.

Criminal law

Pete has a thriving appellate practice including cases involving miscarriages of justice, and cases involving the legality of sentences. He appeared in R v Robert Brown [2002] (murder conviction quashed after 26 years imprisonment, and thereafter for the compensation claim), and represented Michael Shields the football fan who was wrongly convicted of attempted murder in Bulgaria and in 2009 became the only person ever to receive a UK pardon in respect of a foreign conviction. He has been involved in a number of Criminal Cases Review Commission referrals.

At first instance Pete appears predominantly in the Crown Courts at Manchester, Liverpool, Leeds, Preston and Sheffield. He undertakes a full range of defence work, from murder to serious fraud, and from drug trafficking to Gbh. Pete is particularly interested in cases involving civil liberties, political, prison law, extradition, mental health, international or human rights issues.

Pete also has a substantial High Court criminal practice including appeals by way of Case Stated and judicial review.

Civil actions against the police

Pete has considerable experience in actions against the Ministry of Justice and the police for assault and negligence, wrongful arrest and false imprisonment, malicious prosecution and misfeasance in public office. He has particular experience of cases involving civil liberties, prison, political, extradition, terrorism charges, mental health and human rights issues.

In recent times Pete has run a number of judicial reviews and civil actions instructed by Trade Unions, relating to the retention of DNA, fingerprints, photographs and PNC records relating to wrongly arrested suspects; often teachers and fire fighters against whom workplace allegations are made.

Inquests

Pete appears in high profile inquests following controversial deaths and has also represented families of prisoners at inquests since he was called to the bar in 1992. He was instructed for the family in the inquest into the death of Jessie James (an innocent 15 year old boy who was shot dead in a public park), and he appeared in the Abergele cyclists inquest [2007] (four members of the North Wales Cycle Club killed on the A547 by a skidding car). He is often instructed by Trade Unions in this area of work, particularly in work related deaths.

Pete undertakes judicial review of inquest decisions and rulings, and appeared for the family at the Public Inquiry into the death of Bernard ‘Sonny’ Lodge (a prisoner who died at HMP Manchester in 1998), set up following a defective Inquest, and which reported in late 2009. Pete also appeared at all stages of the Middleton case; the landmark case relating to Article 2 and inquest jury verdicts.

Notable Cases (in chronological order)

• Elam, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 29 (27 January 2012) (sentence calculation: licence expiry dates) > judgment
• Currently instructed in what is thought to be the first substantive challenge to a "Gangbo" (Anti-gang injunction) in Manchester.
• Vinter and Others v. United Kingdom [2012] ECHR 023 (Article 3; "whole-life" tariff) > news story / judgment
• Richardson v The Chief Constable of West Midlands Police [2011] EWHC 773 (QB); Times Law Reports 11/4/11 > news story / judgment
• R (on the application of Radislav Krstic) v Secretary of State for Justice [2010] EWHC 2125 (Admin) (HHJ Pelling QC sitting as a judge of the High Court) (Administrative Court quashes refusal to re-categorise Category A prisoner convicted of crimes against humanity) > news story
• R (on the application of Rebecca Noone) v (1) the Governor of HMP Drake Hall, (2) Secretary of State for Justice [2010] UKSC 30 (Supreme Court ruling on HDC for prisoners) > news story
• R (on the application of F (by his litigation friend F)) and Thompson (FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2010] UKSC 17 > news story
• Michael Shields > news story
• The Public Inquiry into the death of Bernard "Sonny" Lodge at HMP Manchester in 1998 > news story
• Currently instructed in the inquest into the death of Jessie James > news story
• Round and Dunn v R [2009] EWCA Crim 2667 (16/12/2009) (Consecutive sentences and HDC) > see commentary in GCN Criminal Law Update 20.01.10
• JF & Anor,R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 792 (23 July 2009) (sex offenders register) > news story / judgment
• R (John O’Sullivan) v Parole Board [2009] 06/07/09, Admin Ct Manchester, Irwin J (Parole Board decision quashed for lack of reasons and irrationality; Treasury Solicitor's conduct in relation to extremely late service of the defence without proper excuse described as "scandalous") > news story / judgment
• Secretary of State for Justice (Respondent) v James (FC) (Appellant) (formerly Walker and another) AND R (on the application of Lee) (FC) (Appellant) v Secretary of State for Justice (Respondent) and one other action [2009] UKHL 22 (IPP appeals) > news story and judgment
• Michael Shields [ news story ] including:
• Shields, R (on the application of) v Secretary of State for Justice [2008] EWHC 3102 (Admin); The Times January 14, 2009 (power to pardon under Convention on the Transfer of Sentenced Persons 1983) > news story and judgment
• F & Anor, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 3170; [2008] WLR (D) 409; The Times January 23, 2009 > news story / judgment
• R (on the application of Paul Lowe) v the Governor of HMP Liverpool [2008] EWHC 2167 (Admin) (no re-categorisation without significant change in risk; PSO 0900) > news story and judgment
• R (on the application of Rebecca Noone) v (1) the Governor of HMP Drake Hall, (2) Secretary of State for Justice [2008] EWHC 207 (Admin) (Administrative Court ruling on HDC for prisoners) > news story and judgment
• Melissa Piggott v DPP [2008] EWHC 305 (Admin) ("Reasonable excuse" for driver's failure to provide specimen) > news story
• Secretary of State for Justice v David Walker and Brett James [2008] EWCA Civ 30; The Times 6/2/08 (Minister of Justice acted "unlawfully" - IPP sentences - parole course access) news story and judgment
• R (James) v Secretary of State for Justice [2007] All ER (D) 119 (Aug) (IPP sentences post-tariff - judicial review - detention unlawful) > news story , judgment
• R v Rush [2007] (leading counsel) (conspiracy to import cannabis and subsequent conspiracy to launder proceeds of crime of which he wasn't convicted)
• R v Caines and R v Roberts [2006] EWCA Crim 2915, The Times 7/12/06 (reward for progress in prison) judgment
• R (Lunn) v Governor of HMP Moorland [2006] CLW 06/06/15, EWCA Civ 700, The Times 27/6/06 ("unlawfully at large" ruling overturned) > news story , judgment
• Rose v Director of Public Prosecution [2006] QBD, CLW06/15/08, The Times 12/04/2006 (outraging public decency, appeal against conviction quashed) > news story , judgment
• R (R) v Manchester City Youth Court CrimLR[2006] 849; CLW06/15/15 (Mode of Trial - clarification of s.25 Magistrates Court Act 1980 - JR) > news story
• Sierny v DPP [2006] EWHC 716 (Admin) CLW 06/14/08 (Appeal against conviction, ASBO, vague grounds) > news story , judgment
• Ezeh & Connors v UK, [2004] 39 EHRR 1 (Article 6 prison adjudications);
• R (on the application of Middleton) v Sec of State Home Dept [2004] 2 AC 182. (leading case on application of Article 2 to Inquest proceedings and the ambit of neglect verdicts); > judgment
• R v Stocker [2003] 2 CrAppR(S) 54, CA, and R v Bingham [2004] (cases on the relationship between remand time, administrative recall and Section 116 orders).
• R v Shane Smith, CA 24/03/03 (CCRC referral case - appeal allowed, conviction quashed)
• R v Robert Brown, CA 13/11/02; (conviction quashed having served 25 years of a life sentence); > more details
• R v Brockhill Prison, ex parte Evans (No 2) [2000] 3WLR 843. (Leading false imprisonment case);
• R v Gov of Brockhill Prison, ex parte Evans (No.1) [1997] 2WLR236 (calculation of remand time);

Recommendations

Regional Bar - Northern Circuit - Crime (2010) "Pete Weatherby is ‘exceptionally able and very easy to work with’" Legal 500 2010 more

Civil liberties : Northern (2010) "Outside of the capital, Pete Weatherby is recognised as one of the top choices for civil liberties. His caseload on human rights, prisons, inquests and criminal law. His recent highlights include the leading case on IPP (indeterminate sentence for public protection) prisoners." Chambers & Partners 2010 more

Administrative and public law : National (2010) "At Garden Court North, Pete Weatherby is a leading junior practising human rights, prison, inquest, criminal and public law. He has a tremendous level of expertise in his specialist areas and is in constant demand." Chambers & Partners 2010 more

Crime : Northern (2010) " Pete Weatherby ......... has a mixed practice of serious crime and prison law. He is expert in civil liberties, human rights and miscarriage of justice matters." Chambers & Partners 2010 more

Regional Bar - Northern Circuit - Crime (2009) “Garden Court North Chambers’ 'committed and extremely clever' Pete Weatherby recently appeared in the leading imprisonment for public protection case; Secretary of State for Justice v Walker and James.” Legal 500 2009 more

Leading Junior in Administrative and Public Law : National (2009): Based in Manchester, Pete Weatherby of Garden Court North has "unrivalled knowledge of administrative and public law in the North" and specialist expertise in prison law. "He's a junior with virtually the same level of knowledge and experience as a silk," peers say. Clients find him "prompt, proactive and very personable." more

Leading Junior in Civil Liberties: Northern (2009) "Specialising in prison law, Pete Weatherby is "a brilliant lawyer who has taken on some important cases." He is counsel for Michael Shields, the football fan serving a sentence for the attempted murder of a barman in Bulgaria in 2005." more

Leading Junior in Crime: Northern (2009): Pete Weatherby has a specialist criminal practice; he acts mainly in cases which have civil liberties or human rights points involved, as well as in miscarriage of justice and High Court and Court of Appeal cases. Clients agree that "he is extremely academic, has a good way with clients and can really argue his point in court, no matter how tough it gets." more

Regional Bar - Northern Circuit - Crime (2008) "Garden Court North Chambers' 'very clever' Pete Weatherby continues to score victories in prison ...law cases with unerring regularity; Weatherby ...succeeded on appeal against the Ministry of Justice in the case of James." Legal 500 2008 more

Leading Junior in Civil Liberties: Northern (2008): "Pete Weatherby also receives praise. Solicitors observe that 'he applies his mind to a problem and really gets stuck in'. He appeared in R (Lunn) v Governor of HMP Moorland, a case that raised the question of whether the lawfulness of a person's continued detention was to be determined by reference to the terms of the order of the court directing his imprisonment or by the sentence handed down by the judge." (Chambers & Partners 2008) more

Regional Bar - Northern Circuit - Crime (2007) "Garden Court North Chambers' 'exceptional' Pete Weatherby, with a formidable reputation in police and prison law, appeared for the appellant in the high-profile R (Lunn) v Governor of HMP Moorland" UK Legal 500 2007 edition

Leading Junior in Human Rights: Northern (2007): "Highly regarded Pete Weatherby's primary areas of practice are prison, criminal and inquest law. After appearing in the Middleton inquest, he has seen a huge development in his inquiry practice generally. On the prison law side, he has been involved in some cutting-edge judicial reviews, particularly with respect to fair trial, privacy and liberty and prohibition from torture issues. He appeared recently in R (Lunn) v Governor of HMP Moorland and R (R) v Manchester City Youth Court. Other notable cases include Keith Rose v DPP, a public indecency case, and Sierny v DPP." Chambers & Partners 2007 more

Regional Bar - Northern Circuit - Crime "Garden Court North's judicial review expert Pete Weatherby has an 'exceptional legal mind' and 'is instructed where there are difficult or uncertain points'." UK Legal 500 2006 edition.

Leading Junior in Human Rights: Northern (2006): "Interviewees single out Pete Weatherby. Practising in crime, prison law and inquest work, he is 'terrific' and is increasingly receiving instructions from solicitors in the region and beyond. Recent highlights include appearing before the House of Lords in Middleton, concerning the applicability of Article 2 to inquests into death in custody" Chambers & Partners 2006. more

Leading Junior in Human Rights: Northern (2005): "Pete Weatherby has a broad criminal defence practice, the mainstay of which is civil liberties expertise. He is particularly respected for his dealings in cases with a prison law or mental health element" Chambers & Partners 2005, p1626.

Other Activities

Also a tenant at Two Garden Court , London, but has always practised from Manchester.
Executive Member of the Bar Human Rights Committee > more
A member of the Equality and Human Rights Commission's (EHRC) Preferred Counsel Panel > more
Member of Mancheter Prison Law Practitioners Group (MPLPG)

Has also written and teaches a 5-day prison law course several times a year and regularly writes and delivers courses on all aspects of human rights, prison and public law, judicial review and aspects of criminal law.

Articles and media comment

• 18/1/12 - Partial defence to murder of "loss of control" - BBC Radio Manchester
• 21/11/11 - Will Assange decision open doors for extradition challenges? - Lexis Nexis Current Awareness
• 31/5/11 - Excessive Retention of DNA Profiles Violates Privacy - Lexis Nexis Current Awareness
• 3/5/11 - Prisoners Advice Service celebrates 20th anniversary - The Guardian (Pete Weatherby quoted in relation to the case of Manrai) .
• 3/2/11 - Right to Challenge Registration - Lexis Nexis Current Awareness
• 30/11/10 - Peter Sutcliffe case and "whole-life tariff" challenges - interview for Real Radio
• 25/11/10 - Prisoner voting - parameters of reform remain unclear - Lexis Nexis Current Awareness
• 9/9/10 - Compensation Scheme for Miscarriage Victims Should Be More Flexible - LexisWeb.co.uk
• 23/9/09 - Human rights issues surrounding assisted suicide - BBC Radio Manchester
• 9/9/09 - Interviews following release of Michael Shields - BBC Radio 5 live; BBC News at Ten; Channel 4 News
• 16/8/09 - Right to review of being enforced to remain on sex offenders register for life - Lexis Nexis Butterworths News
• 15/2/09 - Analysis of High Court ruling on definition of hunting - BBC Radio 4 Farming Today
• 14/11/08 - Hunting with dogs; is the act flawed - BBC Radio 4 Farming Today
• 8/7/08 - Criminal Evidence (Witness Anonymity) Bill - Century Radio
• 25/4/08 - Documentary on Michael Shields - BBC Inside Out
• 26/2/08 - Legal context on Levi Bellfield (double murderer refuses to appear in dock for sentencing) - BBC Radio 5 Live
• 3/2/08 - Criticism of inquest jury ban proposals and the use of secret evidence and ‘special’ judges - BBC Radio 4 World This Weekend
• 10/10/07 - Right to forcibly detain TB patients - BBC Radio Manchester
• 17/7/07 - Barristers modernising their dress; opinion on wigs - Lexis Nexis News
• 27/9/06 - European Court of Human Rights ruling on motorists' caught on speeding camera right to silence - BBC Radio Manchester

Professional Associations

Bar Human Rights Committee
Liberty
Inquest Lawyers Group