Human rights barristers
When a public body interferes with your rights, the law gives you ways to challenge it. A human rights barrister can tell you whether you have a claim, which route to take, and how strong it is.
What a human rights barrister does
The Human Rights Act 1998 brings the rights in the European Convention on Human Rights into the law of England and Wales. It requires public authorities, including government departments, councils, the police, the NHS, prisons and many bodies carrying out public functions, to act compatibly with those rights. If they do not, you may be able to bring a claim, rely on the Act in other proceedings, or challenge the decision by judicial review.
A human rights barrister is a specialist in this area. They advise on whether a right has been engaged and breached, whether the interference was lawful and proportionate, and what remedy is realistic. They draft the letters, grounds and skeleton arguments, and represent clients in the Administrative Court, county courts, tribunals, inquests and on appeal.
Human rights arguments rarely sit on their own. They usually appear alongside other claims, such as a negligence claim against the police, an immigration appeal, a challenge to a care decision or a dispute about a school. Good counsel knows when the human rights point strengthens a case and when it is a distraction.
Where human rights barristers are often instructed
Article 8: private and family life
Immigration and deportation cases, local authority decisions about children and vulnerable adults, surveillance and data use, and housing possession by public landlords.
Article 2: the right to life
Inquests into deaths in custody, mental health detention or state care, and claims where the state failed to protect someone from a known risk.
Article 3: inhuman or degrading treatment
Conditions in detention, treatment by police, and failures to investigate serious mistreatment.
Article 5: liberty
Unlawful detention, deprivation of liberty in care settings, and delays in reviews and hearings.
Articles 10 and 11: expression and assembly
Protest, policing of demonstrations, and restrictions on speech by public bodies.
Article 14: discrimination
Rules or decisions that treat people differently in the enjoyment of their Convention rights without proper justification.
Act quickly: human rights time limits are short
A free-standing claim under section 7 of the Human Rights Act must normally be brought within one year of the act complained of. The court can extend this where it is fair, but you should not count on it. A judicial review must be brought promptly and in any event within three months of the decision, and some planning and procurement challenges have even shorter limits.
Before issuing a judicial review, you are expected to send a pre-action protocol letter and give the public body a chance to respond, usually within 14 days. A barrister can draft that letter so the issues are set out clearly. Many cases resolve at this stage, with the decision withdrawn or retaken.
If you are already in proceedings, for example an immigration appeal or care proceedings, the human rights arguments should be raised in those proceedings rather than as a separate claim. Your barrister will tell you where the point belongs.
What you can achieve, and what it costs
Remedies include quashing a decision, a declaration that your rights were breached, an order requiring a public body to act, and in some cases damages. Damages under the Human Rights Act are usually modest and are aimed at just satisfaction rather than full compensation, so a claim is often most valuable for what it changes rather than the money it brings.
Litigation against public bodies carries costs risk. In judicial review the losing side normally pays the other side's costs, although protective costs arrangements are available in some public interest cases, and environmental claims benefit from capped costs. Legal aid may be available for some human rights and public law work, and we will tell you if you should look into it before instructing privately.
Fees for a written opinion on merits typically start from around £1,000 to £2,500 plus VAT depending on complexity and seniority. Drafting a pre-action letter or grounds is quoted separately, and a one-day hearing in the Administrative Court is usually from around £2,500 plus VAT for experienced junior counsel. All fees include preparation and are agreed in writing first.
How to instruct a human rights barrister through us
You can instruct a human rights barrister directly under the Public Access scheme, or through your solicitor. Send us the decision you want to challenge, any correspondence and the key dates. A clerk will check availability across our panel, identify counsel with the right experience, and come back with a written fee before you commit.
Clerk & Counsel is an intermediary and clerking service. The barristers we place are independent, self-employed and regulated by the Bar Standards Board, and they are responsible for the advice and representation they provide.
Common questions
Can I bring a human rights claim against a private company?
Generally no. The Human Rights Act applies to public authorities and to private bodies only when they carry out public functions, such as some care providers or private prisons. A barrister can advise whether the organisation you are dealing with is covered.
How long do I have to bring a human rights claim?
Usually one year for a claim under the Human Rights Act, and promptly and within three months for judicial review. Some challenges have shorter limits, so seek advice as soon as possible.
Do I need a solicitor to instruct a human rights barrister?
Not always. Many human rights barristers accept Public Access instructions for advice, drafting and hearings. For complex litigation with heavy disclosure, counsel may recommend a solicitor as well.
Will I get compensation?
Sometimes, but damages under the Human Rights Act are usually modest. The main value of a claim is often getting a decision quashed or changed, or a finding that your rights were breached.
How much does a human rights barrister cost?
Written advice often starts from around £1,000 to £2,500 plus VAT, and a one-day hearing from around £2,500 plus VAT for experienced junior counsel. Fees depend on complexity and seniority and are agreed in writing first.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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