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 cases as a volunteer with 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 2018 Chambers directory for both administrative and public law and civil liberties and human rights work, in relation to which he is said to be “a fantastic and dedicated lawyer” and “one of the most innovative human rights lawyers out there” who “has a great range of expertise and is really very good at running a large legal team. He is really impressive”.

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 and the Court of Justice of the EU.

Judicial Review and Public Law

Daniel also has substantial experience in public law challenges to local and national government. 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), Ministry of Justice alterations to legal aid funding, and Health Ministry rules governing migrant access to healthcare (on two occasions) amongst others. He also brings public law challenges on behalf of victims of human trafficking to decisions under the National Referral Mechanism for victims of trafficking. He has also acted in challenges concerning the award of public services contracts under the Public Contracts Regulations 2015 and in challenges to, amongst others, local authority cuts to youth services and elderly persons homes.

Civil Liberties

Daniel acts in civil claims regarding arbitrary detention including military and immigration detention, torture and rendition as well as state failures to recognise and protect victims of human trafficking. He acts on behalf of affected individuals as well as non-governmental organisations in these areas. His cases have included seeking compensation for unlawful rendition from Iraq to Afghanistan; the unlawful detention of human rights defenders and investigative journalists in fast track immigration detention; the unlawful immigration detention of torture victims and persons with mental health problems; and the protection of former British auxiliaries in Afghanistan. He has also defended protesters from civil action, including members of the “Occupy” movement.

Information and Privacy Rights

Daniel has a particular interest in information and privacy rights: both access to information under the Freedom of Information Act 2000 and the protection of individuals’ privacy under data protection legislation and the common law/Human Rights Act 1998. He has brought successful public law challenges and civil claims for damages in areas as diverse as the unlawful sharing of asylum seekers’ confidential information with the persecuting authorities in his country of origin; the handling of information under the UK’s Prevent Guidance; legal challenges to unlawful state surveillance and data retention legislation; and access to information regarding the UK’s use of armed drones, amongst others.

Discrimination

Daniel’s work also tackles issues of discrimination. For example, in public law 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.

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 (Watson) v Secretary of State for the Home Department – acted for the interveners, Open Rights Group and Privacy International, in a successful intervention before the Court of Justice of the EU in this case that declared the UK’s legislative regime for retaining telecommunications users’ communications unlawful
Rahmatullah v Ministry of Defence & others – ongoing civil claim for damages regarding the UK’s role in detaining an individual in Iraq in 2004 and its subsequent failures in handing him over to mistreatment in US custody and failing to prevent his rendition to Afghanistan (where he was held incommunicado and without charge for many years, before being released in 2014)

R (Watson) v Secretary of State for the Home Department – acted for the interveners, Open Rights Group and Privacy International, in a successful intervention before the Court of Justice of the EU in this case that declared the UK’s legislative regime for retaining telecommunications users’ communications unlawful
Rahmatullah v Ministry of Defence & others – ongoing civil claim for damages regarding the UK’s role in detaining an individual in Iraq in 2004 and its subsequent failures in handing him over to mistreatment in US custody and failing to prevent his rendition to Afghanistan (where he was held incommunicado and without charge for many years, before being released in 2014)

Confidential – a successful claim for damages in relation to the unlawful disclosure of an asylum claimant’s sensitive information regarding state persecution in his country of origin with the authorities in that country.

R (Marfo & Ali) v Secretary of State for Health (High Court) – successful challenge to consultation failures regarding changes to regulations governing migrant access to healthcare

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

Confidential – a claim for damages and correction/deletion of data regarding information shared by public authorities concerning a primary school age child mistakenly referred under the UK Government’s ‘Prevent’ Guidance (ongoing)

Confidential – successful claims for damages by immigration detainees wrongfully detained in the UK’s detained fast track asylum process

OECD Complaint re. Formula 1 Bahrain (OECD) – successful 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, which resulted in the promulgation of a human rights policy and other commitments

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

R (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 (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

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

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

Confidential – damages claims against a UK-domiciled mining corporation regarding abuses by security personnel against local people at its overseas mining operation (ongoing)

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.