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DINAH ROSE QC

Called to Bar: 1989 Appointed to silk: 2006 Degrees: BA (Hons) First Class, Magdalen College, Oxford (Modern History) Diploma in Law with distinction, City University

Practice areas: Public Law and Human Rights, Regulation, EU and Competition, and Employment Chambers UK 2013 Dinah is ranked as a Star at the Bar with recommendations in seven practice areas. They are: Administrative & Public Law, Employment Law, Human Rights & Civil Liberties, Professional Discipline & Regulatory, EU & Competition as well as EU & Competition: EU Law, and Telecommunications. In three of these practice areas, Dinah is ranked in the Star category. Star at the Bar: Dinah garners much praise including, Total star ... no-nonsense, unpompous advocate who has a very effective way of grabbing any courts attention and keeping hold of it ... tenacious, incredibly clever, committed, and highly persuasive ... an icon of the Civil Liberties bar ... a truly formidable advocate. One peer commented: I have seen some of the Bars leading lights completely outdone in court by Dinah. Administrative and Public law: Dinah is ranked in the star category. "she is absolutely breathtaking, and she really deserves her star status" ... "a real pleasure to work with" Human Rights and Civil Liberties: Dinah is ranked in the star category - "iconic" practice ... "fantastic, authoritative voice in court" Professional Discipline and Regulatory - "completely fabulous" ... "recognised as being extremely good across a number of different fields" Telecommunications: Dinah appears in the top rank lauded for her ability to make the most technically complex matters understandable to the lay client and the court Employment law: Dinah is ranked in the star category - , Total star ... nononsense, unpompous EU & Competition and EU & Competition: EU Law "really is a superstar" ... "incisive analysis and inspired approach" ... "a formidable advocate who will fight your corner to the death

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The Legal 500 2012 Dinah is ranked among the Leading Silks in six fields, Administrative & Public Law, Human Rights & Civil Liberties, Employment, Environment, EU and Competition and Professional Discipline and Regulatory. Administrative & public law incisive and brilliant ...at the very pinnacle of the public law Bar Human Rights & Civil Liberties - ability to think on her feet and find an answer to any question ... compelling to watch EU & Competition recommended Environment: ranked - recommended Employment law undoubtedly a star in this field Professional Discipline and Regulatory - recommended

Whos Who Legal, Management Labour & Employment 2010 reports "Dinah Rose QC is another astonishing and formative figure at the Chambers, praised for her razor-sharp intellect." The Times Law 100, (March 2012) - Dinah is featured in The Times list of the 100 most influential lawyers. Professional Experience Dinahs practice includes judicial review acting both for and against public bodies, contractual and statutory employment law claims, and cases before the European Court of Justice and the European Court of Human Rights. Dinahs particular interests include human rights, economic, sectoral and professional regulation, fertility treatment and medical ethics, all forms of discrimination, and European employment law. She was a member of the Treasury A Panel until her appointment as Queens Counsel. She is a regular lecturer on public law, human rights and employment law. Awards Competition/EU Silk of the Year 2012, Chambers Bar Awards Human Rights & Public Law Silk of the Year 2011, Chambers Bar Awards Barrister of the Year, The Lawyer Awards 2009 Human Rights Lawyer of the Year 2009 (Liberty & JUSTICE Human Rights Awards)

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Public Law and Human Rights Silk of the Year 2009, Chambers Bar Awards

Public law and Human Rights


Administrative Law: Dinah acts for both claimants and defendants in judicial review, statutory appeals, and hearings before specialist tribunals including the Competition Appeals Tribunal and the Special Immigration Appeals Commission. She has advised and represented a wide variety of regulators, including Ofcom, Ofgem, the Human Fertilisation and Embryology Authority, the GMC and other medical regulators, the Independent Police Complaints Commission, the Advertising Standards Authority, the Postal Services Commission, The Teaching Standards Council, the Bar Council and the Law Society. She has represented a variety of Government departments, including the Home Office, the Northern Ireland Office, BIS, the Environment Agency, the Food Standards Agency, and the DCA. She has acted as a Special Advocate in national security cases before SIAC. Claimants Dinah has represented include companies and individuals with public law complaints against regulators, NGOs with public interest cases, including Corner House and the Campaign against Arms Trade, and individuals whose civil liberties have been infringed. Dinah has also represented JUSTICE, Liberty, and other public interest groups in appellate interventions. Civil Liberties and Human Rights: Dinah represents claimants and defendants, including the United Kingdom and foreign Governments, in domestic proceedings and proceedings before the European Court of Human Rights. Regulation and Professional Discipline: Dinah regularly represents both regulatory bodies and those subject to regulation, in judicial review applications, statutory appeals and disciplinary proceedings. Immigration: Dinah undertakes immigration appeals before the Court of Appeal, as well as judicial review relating to immigration and asylum cases. She has a particular interest in national security cases (including cases before SIAC) and the protection of the rights of trafficked women.

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Current and recent work


Administrative Law: R (William Hill) v British Horseracing Betting and and Levy Board [2012] EWHC 2039 (Admin) Representing the Claimant in judicial review concerning the applicability of the Horseracing Levy to business users of internet betting exchanges. Pending before Court of Appeal. R (C) v Financial Services Commission [2012] EWHC 1417 (Admin) Representing the Claimant in judicial review of FSA's RDC, for failure to give reasons. Pending before Court of Appeal. R (S (Sri Lanka) v Secretary of State for the Home Department [pending, Administrative Court] Representing Claimant in judicial review of Home Office's public disclosures of complaints of mistreatment made by asylum seeker returned to Sri Lanka. R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts & Another [2012] EWCA Civ 472 Representing the Joint Committee of Primary Care Trusts in their successful appeal as to the legality of their major consultations that led to their proposals to close the childrens heart surgery unit at the Royal Brompton Hospital. The Court of Appeal stressed that the Administrative Court should be slow to intervene in a continuing consultation process, and overturned the Judges decision that the consultation had been unfair. R (Sinclair Collis) v Secretary of State for Health [2011] EWCA Civ 437 Representing the claimant in a challenge to the ban on tobacco vending machines, based on Article 34 TFEU. R (Law Society) v Legal Services Commission [2010] EWHC 2550 (Admin) Represented the Law Society in a successful judicial review of the tendering process for the Legal Aid scheme for new family law cases. R (Tottenham Hotspur FC) v Newham BC and others Representing Tottenham in pending challenge to the decision to appoint West Ham as preferred bidder for the Olympic Stadium. Challenged as an unlawful State Aid. Medical Justice v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) (Pending before CA) Represented the Claimant in a successful judicial review of Home Office policy of removing asylum seekers from the UK without notice.

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R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Office [2009] EWHC 1159 (Admin); [2009] EWHC 152 (Admin); [2010] EWCA Civ 65; [2010] EWCA Civ 158 Representing the Claimant in judicial review, concerning the UKs complicity in torture and extraordinary rendition. R (Age UK v Secretary of State for Business Innovations & Skills [2009] EWHC 2336 (Admin); [2010] ILR 260; ECJ Case C-388/07; [2009] ECR I-1569 Judicial review of default retirement age in new Employment Equality (Age) Regulations 2006, alleging incompatibility with EU law. Represented the Defendant. Now referred to the ECJ. R (E) v JFS [2009] EWCA Civ 626 [2009] UKSC 15; [2010] 2 WLR 153 Representing the Claimant in judicial review of the entry criteria of a Jewish comprehensive school. R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] UKHL 45; [2009] 1 AC 345 Representing the DPP in a judicial review concerning the prohibition on assisted suicide. R (Equitable Members Action Group) v HM Treasury [2009] EWHC 2495 (Admin) Representing Claimants impending judicial review of the Governments refusal to accept findings of mal administration in relation to the collapse of Equitable Life. R (Saunders) v Independent Police Complaints Commission [2009] EWCA Civ 187 Representing the IPCC in judicial review concerning the fatal shooting of a barrister by police, and police conferring when making statements. Hutchison 3G UK Ltd v Ofcom/Vodafone v Ofcom [2009] CAT 11 Representing H3G, in a number of continuing appeals in the CAT against decisions of Ofcom concerning mobile call termination charges and mobile number portability. Other Cases R (Corner House and Campaign Against the Arms Trade) v Serious Fraud Office [2008] UKHL 60; [2008] 3 W.L.R. 568 R (Bradley and Others) v Secretary of State for Work and Pensions Administrative Court (hearing 7 February 2007) CA 7 February 2008 [2008] EWCA Civ 36; [2009] Q.B. 114 R (Royal Mail) v Postal Services Commission [2008] EWCA Civ 33 R (Friends of the Earth) v Food Standards Agency [2007] EWHC 558 (Admin); [2008] Env. L.R. 35 R (Equal Opportunities Commission) v Secretary of State for Trade & Industry [2007] EWHC 483 (Admin); [2007] I.R.L.R. 327 R (Sinn Fein) v Secretary of State for Northern Ireland [2007] EWHC 12 (Admin) R (Lin) v Secretary of State for Transport (Administrative Court July 2006) R (Da Silva) v DPP and Independent Police Complaints Commission [2006] EWHC

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3204 (Admin) R (Burke) v General Medical Council (CA) [2005] EWCA Civ 1003; [2006] Q.B. 273 R (Wilkinson) v Inland Revenue Commissioners (House of Lords) [2005] UKHL 30; [2005] 1 W.L.R. 1718 R (Quintavalle) v HFEA (HL) [2005] UKHL 28; [2005] 2 A.C. 561 R (Jamba!) v Advertising Standards Authority (Admin Court) [2005] EWHC 2609 (Admin) R (European Roma Rights Center) v Secretary of State for the Home Department [2003] EWCA Civ 666; [2004] QB 81 A v Leeds Hospital NHS Trust [2003] EWHC 259(QB); (2003) 1 FLR 412 X and Y v Mirror Group Newspapers [2003] EWHC 1101 (QB) R (Sporting Options) v Horserace Betting Levy Board [2003] EWHC 1943 (Admin) Anufrijeva v Secretary of State for the Home Department [2003] UKHL 36; [2004] 1 AC 604 R (RM) v BBC [2003] HC R (Heather)v Leonard Cheshire Foundation [2002] EWCA Civ 366; [2002] 2 All ER 936 R (Widgery Soldiers) v Lord Saville of Newdigate [2001] EWCA Civ 2048; [2002] 1 WLR 1249

Civil Liberties and Human Rights:


Recent cases include: Assange v CPS [2012] UKSC 22 Representing the Appellant in challenge to validity of European Arrest Warrant issued by a public prosecutor. Ladele v UK (ECtHR September 2012) Representing the applicant in ECtHR in a claim concerning a Christian registrar who refused to perform civil partnerships, and was disciplined for gross misconduct. R (Sandown Free Presbyterian Church) v Advertising Standards Authority [2011] NIQB 26 Representing the ASA in a challenge to the ruling on an advertisement attacking a gay pride parade, raising issues of freedom of religion and freedom of expression. Al Rawi v Security Services and ors [2011] UKSC 34 Represented the claimants in an appeal concerning secret evidence in civil proceedings. R (Smith) v Oxfordshire Assistant Deputy Coroner [2010] UKSC 29; [2010] 3 WLR 223 Represented the Claimant in the Supreme Court in an appeal concerning the question of whether British troops serving abroad are covered by the Human Rights Act. R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Office [2009] EWHC 1159 (Admin); EWHC 152 (Admin); [2010] EWCA Civ 65; [2010] EWCA Civ 158 Representing the Claimant in judicial review, concerning the UKs complicity in
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torture and extraordinary rendition. R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] UKHL 45; [2009] 1 AC 345 Representing the DPP in a judicial review concerning the prohibition on assisted suicide. See also cases listed under administrative law, many of which raise human rights issues. Other cases R (Saunders) v Independent Police Complaints Commission [2008] EWHC 2372 (Admin); [2009] 1 All ER 379 R (Savage) v South Essex Partnership NHS Trust [2008] UKHL 74 Chief Constable of Hertfordshire Police v Van Colle [2008] UKHL 50; [2008] 3 WLR 593 R (U) v Secretary of State for the Home Department MT (Algeria) (2) RB (Algeria) (3) U (Algeria) v Secretary of State for the Home Department [2007] EWCA Civ 808 MK v Secretary of State for the Home Department SIAC SC/29/2004, 19 May 2006 R (Wilkinson) v Inland Revenue Commissioners (House of Lords/ECHR) [2005] UKHL 30; [2005] 1 WLR 1718 Evans and Hadley v Amicus Healthcare and others [2003] EWHC 2161 (Fam); (2004) 2 WLR 713; [2004] EWCA Civ 72; (2005) Fam 1 In re Mary Bell [2003] EWHC 1101; [2003] EMLR 37 R (Rose) v Secretary of State for Health [2002] EWHC 1593 (Admin) In re Maxine Carr

Immigration: R (S (Sri Lanka) v Secretary of State for the Home Department [pending, Administrative Court] Representing Claimant in judicial review of Home Office's public disclosures of complaints of mistreatment made by asylum seeker returned to Sri Lanka. R (NS) v Secretary of State for Home Office, Case C-411/10 ECJ (Grand Chamber) 21.12.2011 Challenge to the removal of an asylum seeker to Greece on grounds of breach of fundamental rights by the Greek State. It is the first case addressing the scope of rights under the EU Charter of Fundamental Rights. PO (Nigeria) v of State for Home Office [2011] EWCA Civ 132 Represented the Appellant in a successful appeal concerning the return of a trafficked woman to Nigeria. Medical Justice v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) [2011] EWCA Civ 1710 Represented the Claimant in a successful judicial review of Home Office policy of
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removing asylum seekers from the UK without notice. European Court of Human Rights: Bata v Czech Republic Representing the Applicant, in a pending claim concerning the confiscation of extensive property in the former Czechoslovakia in 1948. ZABA V Croatia Representing the Applicant in a pending claim concerning the violation of the property rights of a Croatian Bank. Other Cases Andreadis v Greece [2004] Megrahi v UK [2002] Former King of Greece v Republic of Greece [2001] Tolstoy v United Kingdom [1995] 20 EHRR 442; [1996] EMLR 152 H v United Kingdom Crossland v United Kingdom; Willis v United Kingdom

Environmental Law: ECGD v Friends of the Earth [2008] EWHC 638 (Admin); [2008] Env. L.R. 40 Ofcom v Information Commissioner (Administrative Court, April 2008) R (Friends of the Earth) v Food Standards Agency [2007] EWHC 558 (Admin); [2008] Env. L.R. 35 R (OSS) v Environment Agency; R (SRM) v Environment Agency; Granox v Environment Agency; Onyx Hanson v Environment Agency; Energy Power Resources Ltd v Environment Agency R (Friends of the Earth) v Environment Agency [2003] EWHC 3193 (Admin); [2004] Env. L.R. 31

Professional Discipline: R (C) v FSA [2012] EWHC 1417 (Admin) Phipps v GMC [2005] EWHC 1608 (Admin); [2006] EWCA Civ 397 R (Ghosh) v GMC; Aziz v GMC [2006] EWHC 2743 Dzikowski v GMC [2006] EWHC 2468 (Admin) R (Al- Khayat) v GMC [2005] EWHC 2917 (Admin) R (Burke) v General Medical Council (CA) [2005] EWCA Civ 1003; [2006] Q.B. 273 Ghosh v GMC [2001] UKPC 29; [2001] 1 W.L.R. 1915 R v Secretary of State for Trade and Industry, ex parte Mercury Communications (1999) 149 NLJ 1646 R v Radio Authority, ex parte Bull [1996] QB 169 (DC); [1998] QB 294 (CA) R v Human Fertilization and Embryology Authority, ex parte Blood [1996] 3 WLR 1176 (QBD); [1997] 2 WLR 806 (CA); [1999] Fam 151 (CA) R v Secretary of State for the Home Department, ex parte O'Brien [1996] 8 Admin LR 121; [1996] COD 171

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R v ITC ex parte Virgin Television Ltd [1996] EMLR 318 R v ITC ex parte Church of Scientology [1996] COD 443 R v Secretary of State for the Home Department, ex parte Phull [1996] Imm AR 72 (CA) R v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi [1996] 1 CLY 2520 R v Secretary of State for Transport, ex parte Richmond upon Thames (No. 4) [1996] 1 WLR 1005 R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513

Regulatory and Competition


Dinah has a wide-ranging regulatory and competition practice, acting for regulators and regulated undertakings, and has appeared regularly in both domestic courts and tribunals and the European Court of Justice.

Current and recent work


Tesco v OFT Representing Tesco in appeal to CAT against OFT decision finding that Tesco participated in concerted practice with the object of distorting competition in the market for British cheese in 2002 and 2003. H3G v Ofcom Representing H3G in pending challenge to new mobile call termination charges. BT v Ofcom [2010] CAT 15 Appeal to CAT concerning pricing of telecoms services. Representing intervening communications providers. The Number v Ofcom Case C-16/10 (17 February 2011) Representing The Number in CAT appeal against decision rejecting complaint against BT concerning the wholesale charges for directory inquiries information. BSkyB and others v Ofcom Representing Ofcom in pending appeals brought by BSkyB, FA Premier League and other parties against Ofcoms decision requiring BSkyB to wholesale its sports channels to other broadcasters. Shell and others v OFT Representing Shell in pending CAT appeal relating to alleged price fixing in relation to tobacco. J Sainsbury Advising J Sainsbury in relation to OFT investigations into the grocery market.

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H3G v Ofcom [2009] EWCA Civ 683 Representing H3G in a series of appeals in the CAT and CA against decisions concerning mobile call termination charges. Vodafone v Ofcom [2009] CAT 11 Representing H3G, intervening in CAT appeal concerning mobile number portability O2 v Ofcom [2008] EWCA Civ 1373; [2009] Bus. L.R. 794 Representing Ofcom in CAT and CA. Appeal relating to the auction of the 2.6 spectrum. Other cases Welsh Water v Corus Plc [2007] EWCA Civ 285 Crehan v Inntrepreneur [2006] UKHL 38; [2007] 1 A.C. 333 R (Sporting Options) v Horserace Betting Levy Board [2003] EWHC 1943 R (Age Concern) v Secretary of State for Trade and Industry R (Equal Opportunities Commission) v Secretary of State for Trade and Industry Boyle v EOC [1999] ICR 360 (ECJ) Sirdar v Army Board, The Times, Oct 27, 1999 Coote v Granada Hospitality [1999] ICR 100 (ECJ) R v Secretary of State for Social Security, ex parte Taylor, 16.12.99 Levez v Jennings (Harlow Pools) Ltd [1999] ICR 521 (ECJ) Brown v Rentokil [1998] ICR 790 (ECJ) Atkins v Wrekin District Council [1997] ICR 75 (ECJ) R v Licensing Authority of the Department of Health, ex parte Scotia Pharmaceuticals [1997] BMLR 171 R v Secretary of State for Health, ex parte Generics The Times, February 25 1997 R v Secretary of State for Health, ex parte Richardson [1996] ICR 471 (ECJ) Enderby v Frenchay Health Authority [1991] 382 (EAT); [1994] ICR 112 (CA + ECJ)

Telecommunications
Dinah acts regularly for Ofcom and for communications providers, in the CAT and the High Court, and advises on all aspects of telecommunications regulation in the UK. Current and recent work Currently advising Ofcom in relation to liberalisation of 4G spectrum, and auction of newly-available spectrum. BT v Ofcom (080) [2011] EWCA Civ 245 Representing Ofcom in an appeal concerning admissibility of evidence in the CAT.

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BT v Ofcom [2010] CAT 15, [2012] EWCA Civ 1051 Acting for the Altnets intervening in appeal concerning Ofcoms resolution of a dispute as to BTs charges for Partial Private Circuits O2 v Ofcom [2010] CAT 25 Acting for Ofcom in appeal concerning O2s entitlement to spectrum. The Number v Ofcom Case C-16/10 (17 February 2011) Representing The Number in CAT appeal against decision rejecting complaint against BT concerning the wholesale charges for directory inquiries information. H3G v Ofcom [2009] EWCA Civ 683 Representing H3G in a series of appeals in the CAT and CA against decisions concerning mobile call termination charges. Vodafone v Ofcom [2009] CAT 11 Representing H3G, intervening in CAT appeal concerning mobile number portability. Other cases

O2 v Ofcom [2008] EWCA Civ 1373; [2009] Bus. L.R. 794

Employment
Dinah has a particular interest and expertise in discrimination and equal pay, and in appellate advocacy. She has considerable experience of the use of mediation to resolve employment disputes.

Current and recent work


President of the Methodist Conference v Preston Representing Methodist Conference in appeal pending before Supreme Court, concerning the question whether Methodist ministers are employees. USDAW v WW Realisation 1 Limited (in Liquidation) Representing claimants in pending appeal to EAT concerning duty to consult before mass redundancies (case arising out of the insolvency of Woolworths). Clark v MPA Representing the claimant in a challenge to overtime pay for part-time police inspectors. North v Dumfries & Galloway CC (pending before the Supreme Court) Representing claimants in equal pay claim.

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Grainger PLC & Ors v Mr T Nicholson [2010] IRLR 4 Represented the Claimant in an appeal which decided belief in climate change is capable of protection as a philosophical belief. Monster Worldwide v Whitney Representing the appellant in an appeal pending before the Court of Appeal, concerning an alleged contractual guarantee to protect rights under a closed final salary pension scheme. Seldon v Clarkson, Wright and Jakes [2010] EWCA Civ 899, [2012] UKSC 16 Intervening for the Secretary of State in appeal concerning the justification of mandatory retirement of a partner in a Solicitors firm. R (Age UK v Secretary of State for Business Innovations & Skills [2009] EWHC 2336 (Admin); [2010] ILR 260; ECJ Case C-388/07; [2009] ECR I-1569 Case C-388/07 [2009] ICR 1080 Representing the Defendant in a judicial review of the default retirement age in the Employment Equality (Age) Regulations 2006, which is alleged to be incompatible with EU law. [Now referred to the ECJ]. Health and Safety Executive v Wilson Representing the Claimant in an equal pay claim concerning the use of length of service as a criterion to justify a difference in pay. Other Cases Bloxham v Freshfields Bruckhaus Deringer (ET) [2007] Pens. L.R. 375 Tofeji v BNP Paribas Prebon Yamane Singapore v Spring and others Villalba v Merrill Lynch (EAT) [2007] I.C.R. 469 B v BAA (EAT) [2005] ICR 1530 : [2005] IRLR 927 Maxcor v Tullett Liberty Ltd Diem (Ho) v Crystal Services Plc (EAT) UKEAT/0398/05/DM, 16 December 2005 R (Amicus and others) v Secretary of State for Trade and Industry [2004] EWHC 860 (Admin); [2007] I.C.R. 1176; [2004] I.R.L.R. 430 R v MoD, ex parte Leale and Lane Bahl v Law Society (2003) EAT Farr and others (2003) Croft v Royal Mail (2003) CA Lawrence v Regent Office Care (2002) ECJ RCO v Unison (2002) CA Fulham FC v Tigana Williamson and Everington v KoreaOnline Nagarajan v London Underground [1999] 3 WLR 425 (HL (E)) French v Barclays Bank [1998] IRLR 646 (CA) Diocese of Hallam v Connaughton [1996] ICR 860 (EAT)

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Ratcliffe v North Yorkshire County Council [1995] IRLR 439 (HL) MoD v Cannock and others [1994] ICR 918 (EAT James v Eastleigh Borough Council [1990] 2 AC 751 (HL)

Regulation & Professional Discipline


Dinah undertakes many regulation cases. See the Administrative Law, Competition and Telecommunications sections for further examples of cases.

Other Information
VAT registration number: 524278446

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