Rabinder Singh (barrister)
Encyclopedia
Sir Rabinder Singh styled The Hon. Mr Justice Singh, is an English High Court judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...

 of the Queen's Bench Division, formerly a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

, a founding member of Matrix Chambers
Matrix Chambers
Matrix Chambers is a barristers’ set situated at Gray’s Inn, London. It was founded in April 2000 by 22 barristers from 7 different chambers.Matrix was founded shortly before the implementation of the Human Rights Act in October 2000...

 and a legal academic.

Early life and education

Rabinder Singh was born in 1964 in Delhi
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

 to Sikh
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...

 immigrants from India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

. He grew up in a working-class part of Bristol
Bristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...

 and attended Bristol Grammar School
Bristol Grammar School
Bristol Grammar School is a co-educational independent school in Clifton, Bristol, England. The school was founded in 1532 by two brothers, Robert and Nicholas Thorne....

. From an early age Singh had an interest in law and liked the thought of one day becoming an advocate. At Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...

, he earned a double first in law in 1985. Between 1985 and 1986 Singh spent a year at the University of California at Berkeley studying for his LL.M. During his time at Berkeley he became interested in constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

, particularly misuse of power and how the law holds those in power to account. This interest was partly fuelled by the late Professor Frank Newman at Berkeley, a pioneer in the field of human rights law and by his studies on the American Constitution at Berkeley. In 1988 he attended the Inns of Court School of Law
Inns of Court School of Law
The Inns of Court School of Law, often abbreviated to ICSL is a professional legal training institution based in London in Gray's Inn...

 to undertake Bar Finals and was called to the Bar (Lincolns Inn) in July 1989.

4-5 Gray's Inn Square

Singh undertook pupillage
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...

 at the barristers' chambers 4-5 Gray's Inn Square where he became a tenant in 1990. He remained there for 10 years specialising in public and administrative law, employment Law, European Community law, human rights law, commercial law and media law. Soon after he was made a tenant, Cherie Booth QC
QC
In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

 also joined 4-5 Grays Inn Square as a tenant from another set. From 1997 to 2002 Singh was Additional Junior Counsel to the Inland Revenue
Inland Revenue
The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation tax, petroleum revenue tax and stamp duty...

.

Matrix Chambers

Singh, Booth and 5 other tenants from 4-5 Gray’s Inn Square, together with 16 barristers from other chambers, set up Matrix Chambers
Matrix Chambers
Matrix Chambers is a barristers’ set situated at Gray’s Inn, London. It was founded in April 2000 by 22 barristers from 7 different chambers.Matrix was founded shortly before the implementation of the Human Rights Act in October 2000...

 in 2000. with the formation of Matrix in 2000 none of the five silks signed up to Matrix at the time was estimated to earn much more than £200,000 a year, Singh however was believed to be the biggest earner of them all. One senior clerk said: "The problem they will have is that Rabinder Singh is by far their biggest earner. He will be carrying the rent which could cause a lot of internal politics." Singh has since gone on to be named the Barrister of the Year by the Lawyer Magazine. In 2001 and was appointed Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 in 2002 earning him the professional title of 'Silk' and being styled with the suffix QC
QC
In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

. He is acknowledged as a Leading Silk in Administrative and Public law; Singh is described by Chambers & Partners Legal 500 2006 as being “known for his expertise in cross-disciplinary work” and as “one of the most impressive younger silks” in the area of Administrative and Public laws. Singh was the Chair of the Bar Council Equality and Diversity Committee (Race and Religion) from 2004 to 2006, also, from 2006 to 2008 Singh was the Chair of the Constitutional and Administrative Law Bar Association. In 2009 he was made a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...

 of Lincolns Inn.

Professional reputation (as counsel)

  • Chambers & Partners 2011 ranks Rabinder Singh QC
    QC
    In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

     as a Star Silk, an “immensely likeable and unflappable practitioner with a towering intellect” and a “lawyer of great intellect and matching compassion".

  • Legal 500 2010/2011 recommends Rabinder Singh QC
    QC
    In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

     as a leading silk in Administrative and Public law, describing him as having a “phenomenally powerful intellect” and someone who is “very knowledgeable, measured and sophisticated.” He is also recommend ed as a leading silk in Human Rights and Civil Liberties, Immigration and Commercial Litigation; “many people wonder whether there is any point in seeking assistance from another silk.”

  • Chambers & Partners 2010 recommend Rabinder Singh QC
    QC
    In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

     as a leading silk in Administrative and Public law with clients describing him as “knowledgeable, respected, a pleasure to work with and very, very skilled.” He is also recommended as a star silk in Civil Liberties; “he is a leading light who has years of experience at the highest levels.” Rabinder Singh QC
    QC
    In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

     is also ranked as a leading silk in Competition and EU Law, Immigration and Administrative and Public law: Public Inquiries.

  • Legal 500 2009/2010 recommends Rabinder Singh QC
    QC
    In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

     as a leading silk in Administrative and Public law. He is also recommended as a leading silk in Human Rights and Civil Liberties, Immigration and Commercial Litigation.

  • 2010 Human Rights and Public Law Silk of the Year (Chambers & Partners).

Notable cases (as counsel)

  • Representing the CND in 2002, when he unsuccessfully sought a declaration against the Prime Minister
    Prime minister
    A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...

     and others that it would be unlawful for Britain
    United Kingdom
    The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

     to go to war with Iraq
    Iraq
    Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

     without a fresh resolution from the U.N.’s Security Council.
  • The Belmarsh case in 2004 where Singh successfully represented Liberty
    Liberty
    Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...

     in the House of Lords
    House of Lords
    The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

     against the indefinite detention without charge or trial of non-nationals suspected of terrorist activities.
  • Successfully argued in the case of Ghaidan v Godin-Mendoza in 2004 that discrimination against same-sex partners in respect of inheriting the right to a rent-restricted flat was in violation of the Human Rights Act
    Human Rights Act
    A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...

    .
  • Successfully represented Liberty
    Liberty
    Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...

     and the Joint Council for the Welfare of Immigrants in 2005 in the case against the government over the refusal of benefits to refugees.
  • Advising and representing the RSPCA in 2006 in their successful response to the claim that the Hunting Act 2004
    Hunting Act 2004
    The Hunting Act 2004 is an Act of the Parliament of the United Kingdom. The effect of the Act is to outlaw hunting with dogs in England and Wales from 18 February 2005...

     contravenes the Human Rights Act
    Human Rights Act
    A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...

     or the European Convention on Human Rights
    European Convention on Human Rights
    The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

    .
  • In 2006 successfully represented the nine Afghan asylum seekers who hijacked a plane at gunpoint to get into Britain that they should have been allowed to remain in the country on human rights grounds.
  • In 2005, successfully represented the Al-Skeini family and other families of civilians killed during the British occupation of South East Iraq
    Iraq
    Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

    , arguing that the Human Rights Act
    Human Rights Act
    A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...

     applied extra-territorially.
  • Represented Peter Herbert, the Chair of the Society of Black Lawyers in the Disciplinary Proceedings brought against him by the Bar Council
    Bar council
    A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....

    . Peter Herbert had accused the Bar Council
    Bar council
    A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....

     of ‘institutionalized racism’. The Bar Council
    Bar council
    A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....

     eventually dropped the disciplinary proceedings against him.
  • Ahmed & Others v HM Treasury
    HM Treasury
    HM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing the British government's public finance policy and economic policy...

     [2010] UKSC 2 (2010) Asset freezing orders pursuant to UN Security Council Resolutions. This case was also featured in the Channel 4
    Channel 4
    Channel 4 is a British public-service television broadcaster which began working on 2 November 1982. Although largely commercially self-funded, it is ultimately publicly owned; originally a subsidiary of the Independent Broadcasting Authority , the station is now owned and operated by the Channel...

     documentary 'Britain's Supreme Court', where Rabinder Singh QC
    QC
    In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

     can be seen giving oral argument before the United Kingdom Supreme Court.

Further cases

  • R (Shiner & Anor) v HMRC [2011] EWCA Civ 892 (2011) The applicants were two company owners, who from 2005 onwards took part in a tax avoidance scheme based in the Isle of Mann that took advantage of the Double Taxation Arrangement made with the Isle of Man
    Isle of Man
    The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...

     in 1955. The Finance Act 2008, s 58 made amendments to UK tax legislation intended to pr event such schemes and to make claimants and other users of the scheme liable to pay UK income tax for past years of assessment on the income received by them in the UK from Manx trusts. S 58 was applied retrospectively. The applicants claimed that the retrospective application of s 58 was incompatible both with Article 56 of the EC Treaty prohibiting free restrictions on free movement of capital between member states, and also constituted a unjustified interference with art 1 of Protocol 1 to the ECHR.

    • Ahmed & Others v HM Treasury
      HM Treasury
      HM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing the British government's public finance policy and economic policy...

       [2010] UKSC 2 (2010) Asset freezing orders pursuant to UN Security Council Resolutions.

    • Gillan v UK [2010] ECtHR (2010) Stop and search under s.44 Terrorism Act
      Terrorism Act
      -United Kingdom:* Prevention of Terrorism Acts passed between 1974 and 1989 to deal with terrorism in Northern Ireland* The Terrorism Act 2000* The Anti-terrorism, Crime and Security Act 2001* The Prevention of Terrorism Act 2005* The Terrorism Act 2006...

       incompatible with ECHR.

    • R (JS (Sri Lanka) v SSHD [2010] UKSC 15 (2010) Relationship between international criminal law and Article 1F of Refugee Convention.

    • RB (Algeria) v SSHD [2009] HL (2009) Deportation and memoranda of understanding with states where risk of torture.

    • Rodriguez v Minister of Housing of Gibraltar [2009] UKPC 52 (2009) Discrimination in allocation of housing against same-sex partners and Constitution of Gibraltar.

    • EM (Lebanon) v SSHD [2008] HL (2008) Deportation where interference with right to respect for family life of mother and child.

    • Malcolm v Lewisham LBC [2008] HL (2008) Disability discrimination legislation and action for possession by landlord.

    • S & Marper v UK [2008] ECtHR (2008) Retention of DNA
      DNA
      Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...

       profiles of acquitted persons incompatible with ECHR.

    • Al-Skeini & Others v. Secretary of State for Defence (2007) The House of Lords
      House of Lords
      The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

       gave judgment today in a set of test cases Al-Skeini & Others v. Secretary of State for Defence. By a majority of 4-1 the House of Lords upheld the decision of the Court of Appeal, that in principle the Human Rights Act does apply to UK public authorities when they act outside the territory of the UK in relation to a person who is within the “jurisdiction” of the UK within the meaning of Article 1 of the ECHR. The House of Lords also upheld the decision of the Court of Appeal that five of the deceased were not within the jurisdiction of the UK at the time they died: any remedy for such individuals must therefore be sought in Strasbourg. However, the House of Lords confirmed that the sixth case, that of Baha Mousa, who was held in a British detention centre in Iraq when he died, did fall within the jurisdiction of the UK (as was now conceded by the Secretary of State). That case will therefore be remitted to the Administrative Court for a decision on whether there has been a violation of the HRA on the facts. The team for the claimants was led by Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and included Christine Chinkin
      Christine Chinkin
      Christine Chinkin is a Professor of International Law at the London School of Economics and Political Science and theWilliam W. Cook Global Law Professor at the University of Michigan Law School. She is a member of the four person United Nations Fact Finding Mission on the Gaza Conflict created by...

      . They were instructed by Phil Shiner of Public Interest Lawyers.

    • Huang v SSHD; Kashmiri v SSHD [2007] UKHL 11 (2007) The HL unanimously rejected the SSHD’s submissions in these conjoined appeals and clarified the role of the judge in human rights cases where the interests of immigration control were to be balanced against the interference with the family life of the appellants facing removal. The judgment achieved clarity in a difficult area of law, marked by a number of previous decisions of the CA, where the suggested approach to the question of proportionality was posed in terms of whether a reasonable secretary of state could have concluded that the interference was necessary. The proper test is set out as one for the Court itself, although assigning appropriate weight to any expertise of the SSHD in deciding what is required in the public interest. The Appellate Committee also clarified the decision in Daly [2001] UKHL 26, as to the extent that a human rights decision is a review on the merits. It drew attention to the fact that the requirement of a fair balance is an essential aspect of proportionality in Strasbourg and constitutional litigation alike and it is for the Court to strike the balance having regard to the importance of the competing interests before it. The SSHD’s appeal in Huang was dismissed and Kashmiri’s appeal was allowed.

    • GNER v Office of Rail Regulation (2006) On 27 July 2006, the High Court
      High Court
      The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...

       upheld the decision of the Office of Rail Regulation to grant track access rights on the East Coast Mainline to two “open access” train operators, Hull Trains and Grand Central. GNER, the franchised operator on the ECML, alleged that the decision unlawfully discriminated in favour of the new entrants, on the basis that they did not have to contribute to the fixed costs of the network. However, Sullivan J held that, viewed in context, the ORR’s charging regime did not unfairly distort competition with franchised train operators and was not an unlawful state aid. Both GNER and the ORR were represented by Matrix Chambers
      Matrix Chambers
      Matrix Chambers is a barristers’ set situated at Gray’s Inn, London. It was founded in April 2000 by 22 barristers from 7 different chambers.Matrix was founded shortly before the implementation of the Human Rights Act in October 2000...

       barristers: Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Jessica Simor acted for GNER, and Rhodri Thompson
      Rhodri Thompson
      Rhodri Thompson QC is an English barrister at Matrix Chambers. -Education and Career:Rhodri earned and MA and BPhil from the University of Oxford. Thomson was called to the Bar in 1989. He was member Monckton Chambers 1990-2000. He left in 2000 and became a founding Memeber of Matrix Chambers....

       QC and Helen Mountfield represented the ORR.

    • Januzi v Secretary of State for the Home Department; Hamid v Same; Gaafar v Same; Mohammed v Same (2006) This case before the House of Lords concerned whether a person could reasonably be expected to avail himself of the internal flight alternative, where this was the means by which persecution could be avoided following deportation. The Court held that it was not relevant to consider whether quality of life in the place of relocation met the basic norms of civil, political and socio-economic human rights. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       appeared for the Home Department.

    • R (Countryside Alliance and Others) v Attorney-General and Another; Regina (Derwin and Others) v Same Regina (Friend and Another) v Same. (2006) This case before the Court of Appeal concerned whether the Hunting Act engaged rights under the European Convention of Human Rights and the EC Treaty. The Court held that these rights were not engaged, and that the legislative aim and objectives of the Hunting Act was to prevent or reduce unnecessary suffering to wild mammals, along with the view that causing suffering for sport is unethical. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Kate Cook appeared for the RSPCA.

    • R (Gentle & Ors) v Prime Minister & Ors (2006) Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       appeared for the families of four soldiers killed on duty in Iraq who are seeking a judicial review of the government’s decision not to hold an independent inquiry into the invasion of Iraq.

    • R (Laporte) v Chief Constable of Gloucestershire
      Gloucestershire
      Gloucestershire is a county in South West England. The county comprises part of the Cotswold Hills, part of the flat fertile valley of the River Severn, and the entire Forest of Dean....

       [2006] UKHL 55 (2006) Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       & Ben Emmerson QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       were involved in this case. In R (Laporte) v Chief Constable of Gloucestershire, the House of Lords held that the stopping of demonstrators on the way to RAF Fairford was unlawful. Rabinder Singh QC represented Liberty, which intervened at the hearing. The House of Lords
      House of Lords
      The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

       recognised that ‘a constitutional shift’ has taken place because of the Human rights Act and that there is now a fundamental right to peaceful assembly in this country.

    • R v Jones; R v Milling; R v Olditch; R v Pritchard; R v Richards; Ayliffe and Others v DPP; Swain v DPP (2006) This case before the House of Lords concerned whether protesters against the Iraq war could justify their conduct on the ground that they were preventing a crime or an offence by the government. The House of Lords held that they could not, on the ground that the crime of aggression is not a crime under English domestic law. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       appeared for Ms Swain, Mr Ayliffe and his co-defendants.

    • Ramzy v Netherlands (2006) This Strasbourg case concerns return to torture in national security cases (re-visiting Chahal). Alex Bailin
      Alex Bailin
      Alex Bailin QC, born 23 January 1969, is an English barrister specialising in human rights at Matrix Chambers.Bailin is also a legal writer for The Guardian, The Times and The Lawyer among others.-Education and Career:...

       QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       were instructed by Liberty and Justice.

    • S and Others v Secretary of State for the Home Department (2006) The Court of Appeal dismissed the Secretary of State’s appeal against the decision by Sullivan J in the case of S and Others. The Master of the Rolls
      Master of the Rolls
      The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

      , sitting with Brooke and Neuberger LJJ, described the judgment by Sullivan J as “impeccable” and said that: “The history of this case through the criminal courts, the immigration appellate authority, and back into the civil courts has attracted a degree of opprobrium for those carrying out judicial functions. Judges and adjudicators have to apply the law as they find it, and not as they might wish it to be. In a country governed by the rule of law it is not open to the courts to give effect to powers that do not lawfully exist.” The Court held that the Secretary of State has no statutory power to put human rights claimants on temporary admission as a substitute to considering whether they should be granted or refused leave to enter. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       was leading counsel for the claimants (the respondents to the appeal) and was instructed by Hammersmith & Fulham Community Law Centre.

    • Secretary of State for Defence v Elias (2006) The Court of Appeal gave judgment in Secretary of State for Defence v Elias in favour of the respondent, Mrs Elias. The Court (Mummery, Arden and Longmore LJJ) held that the MOD had unlawfully discriminated against Mrs Elias when devising a scheme to provide compensation to repay the “debt of honour” owed to civilians who were interned in the Far East by Japan during the Second World War. The Court held that the criterion, which required that internees could only be compensated if they had been born (or had at least one parent or grandparent born) in the United Kingdom
      United Kingdom
      The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

      , was indirectly discriminatory on grounds of national origins. Mrs Elias was at all times a British subject or now a British citizen but did not meet the “bloodlink” criterion: as she told the court in her witness statement, she was interned because she was British but apparently when it came to compensation she was not British enough. The MOD has told the Court that it does not wish to appeal against the decision.

    • Watkins v Secretary of State for the Home Department and Others (2006) This case before the House of Lords concerned whether the tort of misfeasance in public office required special damage. The Court held that the tort was actionable only where the claimant had suffered loss or damage caused by the tortious conduct of the public officer. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       appeared for the claimant.

    • D and Others v Secretary of State for the Home Department (2005) This case before the Court of Appeal concerned the tort of false imprisonment and the right to liberty as guaranteed by Article 5 ECHR. The Court held that immigration officers enjoyed no immunity from suit as regards what would usually be regarded as unlawful acts causing a loss of liberty. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Raza Husain appeared for the claimants.

    • Hirst v UK (No 2) (2005) The Court held that there had been a violation of ECHR, Article 3 of Protocol No 1 (right to free elections). It stressed that the rights guaranteed under Article 3 of Protocol No 1 were “crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law” and also that the right to vote was a right and not a privilege. Any limitations on the right to vote had to be imposed in pursuit of a legitimate aim and be proportionate. Any such conditions must not to thwart the free expression of the people in the choice of the legislature – they must reflect, or not run counter to, the concern to maintain the integrity and effectiveness of an electoral procedure aimed at identifying the will of the people through universal suffrage.

    • R (Limbuela) v Secretary of State for the Home Department (2005) This case concerned the refusal of support to asylum seekers under section 95 of the Immigration and Asylum Act 1999, as required by section 55 of the Nationality, Immigration and Asylum Act 2002, on the ground asylum had not been claimed as soon as reasonably practicable after arrival in the United Kingdom
      United Kingdom
      The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

      . The Court held that such refusal could engage Article 3 ECHR, dependent of the individual circumstances in each case. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

      , Raza Husain and Tessa Hetherington made written submissions on behalf of Liberty and Justice.

    • R (Rashid) v Secretary of State for the Home Department (2005) This case before the Court of Appeal concerned judicial review
      Judicial review
      Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...

       of the Secretary of State's failure to apply his own policy of not relying on the internal flight alternative to the Kurdish autonomous zone in Iraq. The Court held that the failure to do so, where this had been done for other asylum seekers in the same situation, amounted to a misuse of power. Rabinder Singh QC and Raza Husain appeared for Mr Rashid. Sam Grodzinski appeared for the Secretary of State.

    • A and Others v Secretary of State for the Home Department (2004) The case dealt with whether indefinite detention without charge or trial of non-nationals suspected of terrorist activities is compatible with UK human rights obligations. Ben Emmerson QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

      , Philippe Sands
      Philippe Sands
      Philippe Sands, QC is a British lawyer at Matrix Chambers, and is Professor of International law at University College London. Sands is notable for writing a book, Lawless World, in which he accused US President George W. Bush and Prime Minister Tony Blair of conspiring to invade Iraq in violation...

       QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Raza Husain appeared for seven of the appellants. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Alex Bailin
      Alex Bailin
      Alex Bailin QC, born 23 January 1969, is an English barrister specialising in human rights at Matrix Chambers.Bailin is also a legal writer for The Guardian, The Times and The Lawyer among others.-Education and Career:...

       QC acted on behalf of Liberty as intervenors.

    • Ghaidan v Godin-Mendoza (2004) Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       successfully argued that discrimination against same-sex partners in respect of inheriting the right to a rent-restricted flat was in violation of the Human Rights Act.

    • R (A) v Chief Constable of West Yorkshire
      Yorkshire
      Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...

       (2004) The House of Lords confirmed that the reach of community law in outlawing discrimination against transsexuals in the field of employment law was wider than the reach of human rights law that only prohibited such treatment after the date of the Strasbourg
      Strasbourg
      Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...

       decision in Goodwin.

    • R (Middleton) v West Yorkshire
      Yorkshire
      Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...

       Coroner (2004) House of Lords case concerning available verdict where the authorities failed to take reasonable actions to prevent a suicide in custody. Ben Emmerson QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Danny Friedman appeared for the Respondent Middleton. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       appeared for the Appellant.

    • R (Ullah) v Special Adjudicator (2004) The House of Lords considered whether any article of the ECHR - other than Article 3 - can be engaged in relation to deporting an individual when it can be anticipated that his treatment in the receiving state will be in breach of Convention requirements, but without being in breach of Article 3. Rabinder Singh QC
      QC
      In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

       and Raza Husain acted on behalf of Liberty and Joint Council for the Welfare of Immigrants.

    • R (Campaign for Nuclear Disarmament) v The Prime Minister and Ors (2002) Rabinder Singh represented CND in this case concerning the justiciability and legality of the Iraq War. The claimants sought declaratory relief as to the true meaning of UN Resolution 1441 inviting the court to declare that the United Kingdom government would be acting in breach of international law were it to take military action against Iraq without a further resolution.>


    Judicial career

    Singh was appointed a deputy High Court judge
    High Court judge
    A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...

     in 2003. Aged 39 when he was appointed, he was thought to be the youngest judge to sit in the High Court. In 2004 he became a Recorder
    Recorder (judge)
    A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...

     (part-time judge) of the Crown Court
    Crown Court
    The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...

    . His appointment as a judge of the Queen's Bench Division of the High Court was announced on 29 July 2011. The appointment will take effect on 3 October 2011, following the promotion of Mr Justice Kitchin to be a member of the Court of Appeal of England and Wales
    Court of Appeal of England and Wales
    The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

    . He is the first Sikh
    Sikh
    A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...

     to be made a High Court judge, and will wear a turban rather than a wig. Singh was sworn in as a High Court Judge at Royal Courts of Justice of on Monday 10th of October 2011.

    A Ministry of Justice
    Ministry of Justice (United Kingdom)
    The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...

     spokesperson said of Singhs appointment:

    Academic career

    When Singh returned to England
    England
    England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

     from California
    California
    California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

     in 1986 he baceme a law lecturer at the University of Nottingham
    University of Nottingham
    The University of Nottingham is a public research university based in Nottingham, United Kingdom, with further campuses in Ningbo, China and Kuala Lumpur, Malaysia...

     for 2 years. In the late 1990s Singh was a visiting fellow at Queen Mary, University of London
    Queen Mary, University of London
    Queen Mary, University of London is a public research university located in London, United Kingdom and a constituent college of the federal University of London...

    . Singh was a Visiting Professor of Law at the London School of Economics
    London School of Economics
    The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London...

     (LSE) from 2003 - 2009. In 2004 he was granted an honorary Doctorate of Laws by the London Metropolitan University
    London Metropolitan University
    London Metropolitan University , located in London, England, was formed on 1 August 2002 by the amalgamation of the University of North London and the London Guildhall University . The University has campuses in the City of London and in the London Borough of Islington.The University operates its...

    . In 2007 Appointed Special Professor of Law, University of Nottingham
    University of Nottingham
    The University of Nottingham is a public research university based in Nottingham, United Kingdom, with further campuses in Ningbo, China and Kuala Lumpur, Malaysia...

    . Singh delivered the annual LexisNexis
    LexisNexis
    LexisNexis Group is a company providing computer-assisted legal research services. In 2006 it had the world's largest electronic database for legal and public-records related information...

     Butterworths Lecture on Law and Society at Queen Mary, University of London
    Queen Mary, University of London
    Queen Mary, University of London is a public research university located in London, United Kingdom and a constituent college of the federal University of London...

     on 16 March 2011. The lecture, entitled ‘The Changing Nature of the Judicial Process’ examined what judges actually do in practice and how this has changed over the last 100 years.

    Public appointments and other positions

    In 2000 Singh was appointed by then Foreign Secretary Robin Cook
    Robin Cook
    Robert Finlayson Cook was a British Labour Party politician, who was the Member of Parliament for Livingston from 1983 until his death, and notably served in the Cabinet as Foreign Secretary from 1997 to 2001....

     as 'Independent Monitor for Entry Clearance' between October 2000 and November 2002. The position was established in 1993 and requires a review of around 1000 randomly chosen entry clearance refusals without a right of appeal and looking at the overall quality of refusal decisions, paying particular attention to fairness, consistency and the procedures used to reach those decisions. He makes random checks on some 800-1,000 visa refusals a year to see whether decisions are consistent and fair, and makes an annual report to the Parliament of the United Kingdom
    Parliament of the United Kingdom
    The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

     suggesting any improvements he thinks necessary. Singh is the second person to hold the job - his predecessor was Dame Elizabeth Anson. Rabinder Singh QC
    QC
    In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...

     was also a independent member on a three-strong panel commissioned in the wake of the race row which erupted on Big Brother UK 2007 where Jade Goody
    Jade Goody
    Jade Cerisa Lorraine Goody was an English celebrity. She came into the public spotlight while appearing on the third series of the Channel 4 reality TV programme Big Brother in 2002, an appearance which led to her own television programmes and the launch of her own products after her eviction from...

     and fellow housemates were accused of racist bullying towards India
    India
    India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

    n actress Shilpa Shetty
    Shilpa Shetty
    Shilpa Shetty is an Indian film actress and model. Since making her debut in the film Baazigar , she has appeared in nearly 40 Bollywood, Tamil, Telugu and Kannada films, her first leading role being in the 1994 Aag. Although she has been through years of decline during her career, Shetty has been...

    .

    Personal life

    Singh has an interest in Greek poetry. He was asked in an interview "If you were to choose a profession other than law, what would it be and why?". He responded "One thing I would have liked to be is an academic specialising in Greek poetry. I love Greek poetry. I can read Ancient Greek
    Ancient Greek
    Ancient Greek is the stage of the Greek language in the periods spanning the times c. 9th–6th centuries BC, , c. 5th–4th centuries BC , and the c. 3rd century BC – 6th century AD of ancient Greece and the ancient world; being predated in the 2nd millennium BC by Mycenaean Greek...

     but never had the chance to develop my interest." Singh is also a Fellow of the Royal Society of Arts
    Royal Society of Arts
    The Royal Society for the encouragement of Arts, Manufacturers and Commerce is a British multi-disciplinary institution, based in London. The name Royal Society of Arts is frequently used for brevity...

    . Singh has also expressed his views writing in The Guardian
    The Guardian
    The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...

     on how 'Asians should not be prejudged because of the way we look' following a personal experience on the London Underground
    London Underground
    The London Underground is a rapid transit system serving a large part of Greater London and some parts of Buckinghamshire, Hertfordshire and Essex in England...

     following the 7 July 2005 London bombings
    7 July 2005 London bombings
    The 7 July 2005 London bombings were a series of co-ordinated suicide attacks in the United Kingdom, targeting civilians using London's public transport system during the morning rush hour....

    .

    Publications

    • JUSTICE/Tom Sargant Memorial Annual Lecture 2010: The UK Constitution: Time for Fundamental Reform?
    • Co-author of Beatson, Grosz, Hickman & Singh, Human Rights: Judicial Enforcement in the UK (2008)
    • Justiciability in the areas of foreign relations and defence: chapter in Shiner and Williams (eds), The Iraq War and International Law (2008)
    • The 2007 Statute Law Society Lecture: Interpreting Bills of Rights [2008] Statute Law Review 82
    • The 2005 MacDermott Lecture - The Use of Inter national Law in the Domestic Courts of the UK [2005] 56 NILQ 119
    • Equality - the Neglected Virtue [2004] EHRLR 141
    • Privacy Postponed? (2003) EHRLR Special Issue 12 (with J. Strachan)
    • The Right to Privacy in English Law [2002] EHRLR 129 (with J. Strachan)
    • Contributor, Privacy & the Media - the developing law (2002, Matrix)
    • The Declaration of Incompatibility [2002] Judicial Review 237
    • The Place of the HRA in a Democratic Society, in J. Jowell and J. Cooper (eds), Understanding Human Rights Principles (2001)
    • Is There a Role for the Margin of Appreciation after the Human Rights Act? [1999] EHRLR 15 (with M. Hunt and M. Demetriou)
    • Privacy & the Media after the Human Rights Act
      Human Rights Act
      A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...

       [1998] EHRLR 712
    • The Future of Human Rights
      Human rights
      Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

       in the United Kingdom
      United Kingdom
      The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

      : Essays on Law and Practice (1997, Hart Publishing)

    External links

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