Pete Weatherby

"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, prison, inquest and criminal law. He was a founding member of Chambers and remains a tenant at 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. He regularly appears in the High Court and Court of Appeal, and has appeared in the House of Lords, Supreme Court and Court of Human Rights, in a number of cases. Much of his practice is high-profile, and he regularly undertakes leading briefs in the Crown Court, Court of Appeal, Supreme Court and beyond. He has also written a proposal for prison legislation for a foreign government.

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 and negligence. 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. He is currently leading in; R (Rebecca Noone) v Secretary of State for Justice in the Supreme Court.

Criminal law

Pete appears predominantly in Manchester, Liverpool, Leeds and Sheffield. He undertakes a full range of defence work, including murder, manslaughter, death by dangerous driving, GBH, armed robbery, public order, drugs, corruption, offences under the Theft Act and fraud. Particularly interested in cases involving civil liberties, political, prison law, extradition, mental health or human rights issues. He also has a substantial High Court and Court of Appeal practice in the criminal sphere including appeals by way of Case Stated and judicial review. Pete has undertaken a number of Criminal Cases Review Commission referrals, and specialises in miscarriage of justice and appeal cases in general. He represented Robert Brown (the longest serving miscarriage case) in the CoA and thereafter in respect of compensation. He led the legal team which achieved the only Royal Pardon relating to a foreign conviction in the case of; The Republic of Bulgaria vMichael Shields (the Liverpool FC fan convicted of the attempted murder of a waiter in Bulgaria).

Civil actions against the police

Undertakes actions against the Ministry of Justice for assault and negligence, and civil litigation with regard to actions against the police. Extensive experience in civil actions involving wrongful arrest, false imprisonment, assault and malicious prosecution. He has particular experience of, and is interested in cases involving civil liberties, prison, political, extradition, terrorism charges, mental health and human rights issues.

Civil litigation

Practice limited to actions against the police and general prison law.

Inquests

Pete has represented families of prisoners at inquests since he was called to the bar in 1992, and has also appeared in other high profile inquests following controversial deaths. He is currently instructed in the inquest into the death of Jessie James. He was also previously instructed in the Abergele cyclists inquest [2007], an inquest into the deaths of four members of the North Wales Cycle Club killed on the A547 by a skidding car. He has experience of working with Trade Unions and has been previously instructed by Trade Unions in this area of work.

Pete undertakes judicial review of inquest decisions and rulings, and is recently appeared at the public inquiry into the death of Bernard ‘Sonny’ Lodge at HMP Manchester, set up following a defective Inquest. Pete appeared in Middleton; a landmark case relating to Article 2.

Notable Cases

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

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

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

Civil liberties : Northern
"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." more

Administrative and public law : National
"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." more

Crime : Northern
" 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." 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.

Has also written and teaches a 5-day prison law course several times a year.

Member of Manchester Prison Law Practitioners Group (MPLPG)

Articles and media comment

> 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

Liberty
Inquest Lawyers Group