Daniel Carey

Daniel Carey

Background

Daniel Carey is an associate solicitor who joined Deighton Pierce Glynn in 2013. He is based in our Bristol office.

Previously, Daniel was a solicitor at another leading human rights firm. Before this he worked in Guatemala for Peace Brigades International and on US death penalty for Reprieve. Daniel received the Law Society New Solicitor of the Year award in 2007 for his work in Guatemala. He also received the Peter Duffy Award from Liberty and JUSTICE in 2009.. Daniel is ranked as a leading solicitor for administrative and public law and in civil liberties and human rights in the Chambers and Legal 500 directories. He is ranked as a “star associate” in the 2014-15 Chambers directory for both administrative and public law and civil liberties and human rights work, in relation to which he is said to be “one of the best lawyers in London working on cutting-edge litigation in this field.”

Expertise

Human Rights

Daniel specialises in human rights claims, often involving an international law element. He also conducts civil claims against corporations in relation to human rights breaches. He has brought cases at all levels of the domestic courts and before the European Court of Human Rights.

Public Law

Daniel also has substantial experience in public law challenges to local and national government, particularly those based on human rights and equalities law. He has successfully challenged government consultations both at a local and national level. He has acted in successful challenges to library closures in Surrey, Gloucestershire and Somerset (for which he was named Times Lawyer of the Week) and Ministry of Justice alterations to legal aid funding, amongst others. He has also acted in challenges to, amongst others, local authority cuts to youth services, elderly persons homes and supported factories for disabled people.

Civil Liberties

Daniel’s caseload includes cases involving the right to privacy against state monitoring and also arbitrary detention including military and immigration detention, torture and rendition. He has brought public law challenges and civil claims for damages in these areas. He has also defended protesters from civil action, including members of the “Occupy” movement. He is also acting on behalf of a person whose citizenship was deprived by the Home Secretary in a legal challenge to the decision.

Discrimination

Daniel’s work also tackles issues of discrimination. For example, in cases regarding the Public Sector Equality Duty, which requires public authorities to take positive steps to eliminate discrimination, advance equality of opportunity and foster good relations between different groups. He has brought public law challenges and civil claims for damages in these areas.

Inquests & Inquiries

Daniel has worked on behalf of victims and complainants in a number of public inquiries and investigations, both under the Inquiries Act 2005 and otherwise. He has also acted in Inquest matters including Art 2 ECHR inquests and associated civil claims.
Daniel is a member of the Haldane Society of Socialist Lawyers and is a panel member of the Legal Aid Agency’s Special Controls Review Panel.

Sample Cases

Significant cases on which Daniel has worked include:

Big Brother Watch & others v UK –challenge to mass internet surveillance by British Government, based on Art 8 ECHR (currently pending in the European Court of Human Rights)

R (Cushnie) v Secretary of State for Health (High Court) – challenge to regulations preventing access to funded healthcare for disabled former asylum seekers, which found that they breached statutory equality duty

OECD Complaint re. Formula 1 Bahrain (OECD) – complaint to the UK’s National Contact Point for the OECD Guidelines for Multinational Enterprises regarding human rights compatibility of organisation of Formula 1 race in Bahrain (ongoing)

E2 v Secretary of State for Home Department (Court of Appeal) – appeal against deprivation of citizenship order (ongoing)

Torres v BP and others (High Court) –case against oil corporations for arising from allegations of complicity in kidnap, unlawful imprisonment and torture of trade union activist in Colombia (ongoing)

R (Maya Evans) v Secretary of State for Justice (High Court) – successful challenge to changes to legal aid provision on basis of unlawful undisclosed interference by the Ministry of Defence

Al-Skeini v United Kingdom (European Court of Human Rights (Grand Chamber)) – landmark case on extra-territorial jurisdiction of ECHR

R (Green) v Gloucestershire County Council & R (Rowe & Hird) v Somerset County Council (High Court) – successful challenges to library closures, relying on the Public Sector Equality Duty

R (Evans) v Secretary of State for Defence (High Court) – partially successful judicial review challenge to the British military’s practice of handing over detainees to torture in Afghanistan

R (Mliswa) v SSHD (High Court, settled) – successful claim for unlawful detention of Zimbabwean national on the basis that Government’s own policy prevented deportation

R (Hunt) v North Somerset Council (High Court, on appeal) – challenge to cuts to youth services, based on consultation duties and Public Sector Equality Duty

R (Ali Zaki Mousa (No.2) v Secretary of State for Defence (High Court) – successful challenge to MoD arrangements for investigating deaths in custody and mistreatment*

Confidential – challenge to UK-domiciled corporation in relation to environmental damage, nuisance and other tortious liabilities to indigenous peoples’ land, in Africa

Steven Murray Inquest – Art 2 ECHR inquest into death of army recruit from a head injury in a British training facility

R (Al-Saadoon) v Secretary of State for Defence (Court of Appeal and European Court of Human Rights) – successful challenge to British army’s transfer of detainees to the death penalty.