Profile

“So rigorous and detailed. She never gives up and doesn’t let any tiny loose ends go. Everything gets pulled together and tidied up” (Chambers and Partners, 2017)

“A highly rated opponent” (Chambers and Partners, 2014)

“A very nice court manner” (Chambers and Partners, 2014)

Rosemary is a highly experienced junior practicing in the fields of public law, extradition, and domestic and international criminal law. She is recommended as a leading junior in the field of public and administrative law (Chambers and Partners, 2017).

Incredibly bright, amazingly thorough, has a really good eye for detail and amazing judgment

Chambers and Partners 2017

Rosemary has particular experience of public law cases with an extradition or criminal law dimension, as well as national security cases. She is frequently instructed by central government departments to act in significant domestic and international public law proceedings.

Recognition

Legal 500 2017 C&P 2018

Expertise

Extradition and Mutual Legal Assistance

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Rosemary is an extradition specialist with a comprehensive knowledge of extradition law and practice. She represents requested persons, judicial authorities and requesting governments in all stages of contested extradition proceedings in the UK, as well as advising individuals and foreign governments in relation to UK extradition requests.

Rosemary’s experience encompasses advising and acting for individuals and government departments in relation to mutual legal assistance matters, as well as Interpol Red Notices.

Rosemary has written widely about extradition and is the co-author and co-editor of the Extradition and Mutual Legal Assistance Handbook (Oxford University Press); and has contributed chapters on extradition in EU Law in Criminal Practice (Oxford University Press), and Blackstone’s International Criminal Practice (Oxford University Press).

Public and Administrative Law

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Rosemary is recommended as a leading junior in this field (Chambers and Partners, 2017). She has extensive experience acting for and against public bodies in judicial review claims and statutory appeals.  She frequently appears in high profile and complex cases, as well as in judicial review challenges in the criminal law context.

Rosemary appeared in some of the major challenges to the Coalition government’s justice reforms, including Henderson v Secretary of State for Justice [2015] EWHC 130 (Admin) (a challenge to the new costs rules in criminal cases), and NAPO v Secretary of State for Justice [2014] EWHC 4706 (Admin) (a judicial review of the ‘Transforming Rehabilitation’ probation service reforms). Her recent cases include a judicial review concerning whether Article 6 applies in prison disciplinary proceedings (Wilson v Secretary of State for Justice [2016] EWHC 176 (Admin), and a claim concerning the exercise of military jurisdiction over civilians working for the MOD abroad. Rosemary is currently instructed for the Home Office in the Undercover Policing Inquiry.

Rosemary has a Masters degree in public law and human rights, and human rights challenges are an essential part of all of Rosemary’s key areas of practice. She is appointed to the Attorney General’s Panel of Counsel for Civil Litigation (B Panel).

Terrorism

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Rosemary has a wide experience of terrorism cases in both the criminal and the civil context.  Her experience includes high-profile terrorism prosecutions, as well as national security deportations before the Special Immigration Appeals Commission, control order/TPIM cases in the High Court, and civil claims involving national security aspects.

Her notable cases in this context include Al Rawi and Ors (the Guantanamo litigation); Othman (the Abu Qatada deportation); and MA and CF (the first civil claim in which the closed material process under the Justice and Security Act 2013 was used). Rosemary is currently instructed in Kamoka and Ors, a case involving a number of civil claims alleging UK complicity in extraordinary rendition and other wrongdoing.

Criminal Litigation and International Criminal Law

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Rosemary is a criminal law specialist and trial advocate. She has particular expertise in terrorism cases, and cases involving extradition/immigration issues.

Rosemary’s criminal practice often encompasses international law issues, and Chambers and Partners (2013) noted the international focus of her practice. She is a contributor to Blackstone’s International Criminal Practice (OUP). Rosemary advises NGOs and other grass roots organisations on international criminal law issues in general, and in particular on the use of domestic criminal law to prosecute international crimes. In the asylum context, Rosemary has particular expertise in the application of international criminal law in Refugee Convention exclusion cases. In 2002 Rosemary completed an internship with the International Criminal Tribunal for Rwanda.

Sanctions

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Rosemary advises individuals and Government departments in relation to international sanctions, and Chambers and Partners notes that Rosemary is “particularly knowledgeable” in this field.

Rosemary has extensive experience of domestic judicial review challenges in relation to international sanctions. Her notable cases include R (Bredenkamp) v Foreign and Commonwealth Office [2013] EWHC 2480 (Admin) and National Iranian Tanker Company v Foreign and Commonwealth Office [2015] EWHC 282 (Admin). She is currently instructed for the FCO in R (Khaled) v Foreign and Commonwealth Office, a challenge to a decision to nominate an individual to the United Nations 1267 Committee’s Consolidated List.

Appointments

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  • Attorney General’s Panel for Civil Litigation (Panel B)
  • Crown Prosecution Service Prosecutor (Grade 3) (general crime; serious crime; extradition)

Memberships

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  • South Eastern Circuit
  • Criminal Bar Association
  • Immigration Law Practitioners’ Association
  • Constitutional and Administrative Law Bar Association (ALBA)
  • Extradition Lawyers’ Association
  • Bar Pro Bono Unit

Publications

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  • Contributor, Blackstone’s International Criminal Practice (Oxford University Press)
  • Contributor, EU Law in Criminal Practice (Oxford University Press)
  • Jones and Davidson: The Extradition and Mutual Legal Assistance Handbook (Oxford University Press)
  • “Extradition law – recent developments and the potential impact of Brexit” [2016] Crim LR 743
  • “Recent developments in extradition law – some practical implications” [2015] Crim LR 504
  • “A sledgehammer to crack a nut? Should there be a bar of triviality in European Arrest Warrant cases?” [2009] Crim LR 31

Education

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  • University College London, LLM (Distinction), Public Law and Human Rights
  • Balliol College, Oxford, BA Hons, Jurisprudence

Notable cases

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Mohamed Ahmed Mohammed and CF v Security Service and Others

The first ruling in a civil claim on an application to use a closed material process under section 6 of the Justice and Security Act 2013.

R (Hamzeh) and Other v SSHD

Immigration case on the ‘Legacy’ asylum caseload and the relevance of removability in considering a grant of leave.

Othman (Abu Qatada)

Further appeal before SIAC in 2011 by a high-profile radical Islamic cleric against an order for his deportation to Jordan.

Naseer and Others (2013) Woolwich Crown Court

Criminal prosecution of three intended suicide bombers.

R v Qasi

Leading case on whether a sentencing court is obliged by Article 3 of the European Convention on Human Rights to consider the arrangements in prison for caring for seriously ill prisoners.

R v Royston Jones

Successful appeal against conviction imposed in breach of the speciality provisions.

R v Edward Steadman

Criminal Cases Review Commission referral against a murder conviction relating to non-disclosure of the informant status of a key witness.

R v Wahid

Abuse of process argument in a murder trial relating to the Defendant’s alleged ‘disguised extradition’ from Bahrain.

Van der Kramer v Federal Prosecution Office, Belgium

The applicability of section 20 of the Extradition Act 2003 in circumstances in which the Appellant had not attended his trial but had been present at the final appeal.

Fenyvesi v The Szombathely City Court and Others

Leading authority on the admission of new evidence on appeal in extradition proceedings.

Kern v United States

The meaning of the word “conduct” in the Extradition Act 2003.

R (PA) v Governor for Lewes Prison

Challenge to a refusal to grant home detention curfew to a prisoner who suffered from social phobia. [ ]

R (Smith) v Secretary of State for Justice

The extent to which the failure of the Secretary of State to accept the recommendation of the Probation Service as to the type of recall could be said to be irrational.

J1

Appeal against deportation order to Ethiopia made under the ‘deportation with assurances’ arrangements.

Related news

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5 November

Pitchford Inquiry into Undercover Policing

Rosemary Davidson is instructed in the Pitchford Inquiry as Junior Counsel to the Home Office. Announced on 12 March 2015, the Inquiry is chaired by Lord Justice Pitchford. Its purpose is to inquire...