Human rights law

Human rights law mostly concerns claims brought by individuals of alleged breaches of the rights contained in the European Convention of Human Rights, as incorporated into English law by the Human Rights Act 1998.

There are two principal ways to practise human rights law at the Bar. The first is to join a set that specialises in civil liberties work on behalf of claimants. The second is to practise in a field such as public and administrative law, where cases will often have a human rights element. The Human Rights Act 1998 is put to many and varied uses and it is not uncommon to find it being relied upon in criminal, professional disciplinary and environmental proceedings.

A human rights barrister's work

Civil liberties work on behalf of claimants is likely to involve significant contact with lay clients and you will need to be able to remain objective when dealing with people in potentially desperate situations. Cases are often funded by way of legal aid and a good deal of pro bono work is likely to be expected. Long and irregular hours are a feature of life at the Bar but a successful career as a claimant civil liberties barrister will also require a genuine personal commitment to protecting the rights of others.

Growth areas in human rights work

There is still plenty of human rights work around, although the initial wave of enthusiasm for taking human rights points wherever possible has subsided as the scope of the act has become better defined. Immigration continues to be a very significant growth area and the quickest route to arguing human rights points in the higher courts is likely to be by way of an immigration practice.

There have been a number of important recent cases but anyone contemplating an interview at a set that specialises in this area should review the recent decisions of the House of Lords in Al Skeini and Al Jeddah. The national security cases dealing with control orders, detention without trial and the use of torture evidence are also important.

Defending human rights claims

If your interest does not lie exclusively with claimant work, the best route to defending human rights claims is through membership of the attorney general’s Panels of Counsel.

The treasury solicitor and individual government departments are required to instruct barristers on the panels, which are appointed by way of written application. Some chambers have numerous panel counsel and tend to specialise in defending human rights claims rather than bringing them. It is also possible to develop a practice split between claimant and defendant work. 

Is human rights law recession-proof?

The Act postdates the last recession so history provides no guidance, but there is no obvious reason why this area should be affected and it seems safe to predict that work will remain close to previous levels for the time being.

What skills do human rights barristers need? 

• Fast and efficient research skills, as there is a large and rapidly expanding body of case law in this area.
• Excellent all-round legal skills, encompassing complex drafting, appellate advocacy and cross examination.
• Objectivity.
• A commitment to protecting the rights of others.

Human rights pupillages

Life as a pupil will depend upon the chambers you choose. Some sets may insist that pupils maintain normal working hours, for example 9.00 am to 6.00 pm. However, aspects of human rights law involve acting at very short notice, for example to prevent an impending deportation, so will require some late night preparation.

Types of law practised

• Public and administrative law.
• Tort.

Neil Sheldon is a barrister at One Crown Office Row. He studied history at the University of Cambridge and was called to the Bar in 1998.