Contact Gráinne

If you would like to get in touch with Gráinne please contact the clerking team:

+44 (0)20 7993 7600

You can also contact Gráinne directly:

Share This Page

Email This Page

Gráinne is a public law specialist with expertise in human rights and equality law. Her practice includes immigration, unlawful detention and trafficking, community care and Court of Protection, children's rights and discrimination law. She also has experience in public and private international children law.

Gráinne regularly advises individuals as well as for charities and other organisations. Her expertise spans public and private law and she enjoys acting in complex trials involving cross-examination as much as arguing points of public law. She is particularly known for her work representing vulnerable children and adults across the spectrum of both judicial review claims and civil / human rights claims.

In addition to her domestic practice, Gráinne acts and advises in international and European human rights law and in international criminal law.

She teaches International Human Rights Law at the London School of Economics and is also a Fellow in the Centre for Human Rights at the LSE. She sits on the Executive Committee of the Bar Human Rights Committee, the international human rights arm of the Bar of England and Wales.

Administrative and Public Law

Overview

Gráinne is a public law specialist. She acts on behalf of individuals, charities and other organisations in public law claims in a range of contexts including immigration, detention, trafficking, community care, children's rights and criminal justice cases. She acts at all levels and frequently deals with urgent cases raising complex human rights issues. Grainne's clients are often children or vulnerable adults; including those with additional health or education needs or those subject to immigration control.

The breadth of Gráinne's public law practices means she is frequently instructed to advise on crossover cases involving a number of areas of law.

In the last year, Gráinne has acted in a leading case on retrospective delegation for children in need; detention policy for victims of torture and in a challenge to the publication of an NHS Investigatory report.

Notable Cases

WM v Kent County Council and Secretary State for the Home Department [2018] EWHC 2025 (Admin) Case considering whether a person who has failed in his initial claim for asylum but has made a fresh claim for asylum becomes, by definition in law, an asylum seeker again and as such is entitled to support pursuant to schedule 3 of the Nationality, Immigration and Asylum Act 2002.

R (on the application of AC and SH) v London Borough of Lambeth Council [2017] EWHC 1796 (Admin) Case NO: CO/84/2017 High Court Guidance on the requirements of an adequate assessment/re-assessment of an autistic child in need pursuant to the Children Act 1989.

Hossain and others v SSHD [2016] EWHC 1331 (Admin) - Test case (with four representative claimants) on the lawfulness of the "Detained Asylum Casework" system; granted declaration that SSHD failed to have regard to equality duties in considering asylum claims in detention.

A v London Borough of Enfield [2016] EWHC 567 (Admin) - Unlawful failure to accept radicalized and homeless teenage girl as a Child in Need pursuant to s. 17 Children Act 1989 and to provide accommodation under s. 20 Children Act 1989): see coverage in the The Telegraph and in Community Care

Contact Gráinne

IMMIGRATION: ASYLUM AND HUMAN RIGHTS

Overview

Gráinne has a strong background in immigration law and has particular experience in cases involving points of EU law and human rights law.

Gráinne acts in a range of immigration judicial reviews including in detention, nationality, third country and age assessment cases. Her tribunal work includes asylum, human rights, deportation, detention, family reunion and entry clearance cases.

Gráinne has particular expertise in cases concerning children and advises on the overlap between family law and immigration law, including advising across the spectrum of family proceedings. She regularly provides expert advice to parties, local authorities and guardian's ad litem concerning the steps to be taken to resolve immigration issues for children, including as a joint expert in care proceedings.

Gráinne is regularly instructed to represent trafficking victims in a broad range of public law and human rights cases including in asylum and judicial review claims.

Gráinne acts and advises in international cases, including most recently in relation to children in Calais on behalf of the Bar Human Rights Committee. She lectures widely on issues of refugee law, migrant children and trafficking.

Notable Cases

Bajratari v Secretary of State for the Home Department [2017] NICA 74: Instructed by the AIRE Centre in an intervention before the Northern Irish Court of Appeal concerning Chen parents and what income can count towards sufficiency of resources of the purposes of EU law. The Court of Appeal referred a number of questions to the Court of Justice of the European Union in Luxembourg and the case is ongoing.

WM v Kent County Council and Secretary State for the Home Department [2018] EWHC 2025 (Admin) Acted for the Claimant in a case considering whether a person who has failed in his initial claim for asylum but has made a fresh claim for asylum becomes, by definition in law, an asylum seeker again and as such is entitled to support pursuant to schedule 3 of the Nationality, Immigration and Asylum Act 2002.

LH v Secretary of State for the Home Department [2017]: Acted on behalf of a 6 year old deaf Iraqi refugee in a challenge to the decisions taken to remove him and certify his asylum and human rights claim. The case was reported extensively in the press, including in the BBC, ITV, The Telegraph and The Times.

Hossain and others v SSHD [2016] EWHC 1331 (Admin) - Test case (with four representative claimants) on the lawfulness of the "Detained Asylum Casework" system; granted declaration that SSHD failed to have regard to equality duties in considering asylum claims in detention.

Ayinde and Thinjom (Carers - Reg.15A - Zambrano) [2015] UKUT 560 (IAC) - test case concerning the rights of Zambrano carers to a derivative residence card under Regulation 15A (4A) of the EEA Regulations 2006.

Contact Gráinne

Community Care Law

Overview

Gráinne frequently acts for vulnerable children and adults, as well as for charities and other organisations and she is instructed in public law challenges, complex trials and sensitive cases under the inherent jurisdiction of the High Court/Court of Protection.

She acts in challenges relating to community care assessments, child in need assessments, the provision of services and support and the on-going duties owed to care leavers. She is in particular instructed in urgent cases under s. 17 and 20 Children Act 1989, including in cases involving inter-authority disputes.

Gráinne's background in education, immigration and family law means she is sought after in community care cases with cross-over public law issues. In particular, Gráinne represents victims of trafficking, unaccompanied and age disputed migrant children, including in age assessment challenges and trials.

Notable Cases

WM v Kent County Council and Secretary State for the Home Department [2018] EWHC 2025 (Admin) Acted for the Claimant in a case considering whether a person who has failed in his initial claim for asylum but has made a fresh claim for asylum becomes, by definition in law, an asylum seeker again and as such is entitled to support pursuant to schedule 3 of the Nationality, Immigration and Asylum Act 2002.

R (on the application of AC and SH) v London Borough of Lambeth Council [2017] EWHC 1796 (Admin) Case NO: CO/84/2017 Guidance on the requirements of an adequate assessment/re-assessment of an autistic child in need pursuant to the Children Act 1989.

A v London Borough of Enfield [2016] EWHC 567 (Admin) - Unlawful failure to accept radicalized and homeless teenage girl as a Child in Need pursuant to s. 17 Children Act 1989 and to provide accommodation under s. 20 Children Act 1989): see coverage in the The Telegraph and in Community Care

Contact Gráinne

Court of Protection

Overview

Gráinne acts and advises in the Court of Protection. She regularly represents family members, local authorities and the Official Solicitor in fact-finding and best interests hearings. Gráinne's expertise in the Family Division mean she is frequently instructed in cases with a family dimension, including in forced marriage and consent to medical treatment cases.

Notable Cases

Re EQ [2016] EWHC 3418 (Fam) - Urgent consent to medical treatment case under the inherent jurisdiction of the Family Division of the High Court; concerning a baby diagnosed with bilateral congenital cataracts shortly after birth and whether it was in her best interests to be operated on under general anaesthetic to treat the condition.

North Somerset Council v LW [2014] EWHC 1670 (Fam) - Court of Protection proceedings concerning whether or not a local authority were permitted not to disclose to a mother who lacked capacity the care plan for her unborn child, namely removal at birth; capacity to consent to a caesarean section; see coverage in Family Law Week

Contact Gráinne

EDUCATION LAW

Gráinne is instructed in a broad range of education cases including schools, higher education and regulatory cases. She has a particular expertise in the disability discrimination aspects of these claims.

She acts for parents in complex special educational needs appeals including in respect of high value residential placements and in complex discrimination claims. She advises and represents parents, schools and local authorities in exclusion and admission cases.

Gráinne also represents students and institutions in further and higher education matters including in internal disciplinary and complaint hearings, fitness-to-practise matters and in respect of appeals to the Office of the Independent Adjudicator ("OIA").

Contact Gráinne

Employment and Discrimination Law

Overview

Gráinne is instructed in a broad range of education cases including schools, higher education and regulatory cases. She has a particular expertise in the disability discrimination aspects of these claims.

She acts for parents in complex special educational needs appeals including in respect of high value residential placements and in complex discrimination claims. She advises and represents parents, schools and local authorities in exclusion and admission cases.

Gráinne also represents students and institutions in further and higher education matters including in internal disciplinary and complaint hearings, fitness-to-practise matters and in respect of appeals to the Office of the Independent Adjudicator ("OIA").

Notable Cases

Hannah Miller v Tonbridge School: successfully represented female physics technician in an equal pay and sex discrimination case against a leading public school: see coverage in The Telegraph, and The Times.

Advising the National Secular Society on the Government's obligations to activate s.9(5) of the Equality Act 2010 prohibiting discrimination on the grounds of caste: available here:

Walsh v Shanahan [2013] EWCA Civ 675

Nejjary v Aramark Ltd (Unfair Dismissal) [2012] UKEAT 0054_12_3105 (31 May 2012)

Contact Gráinne

DISCRIMINATION

Overview

Gráinne is instructed in a wide range of employment cases and in particular in multiple discrimination claims. She has expertise in discrimination law across the contexts of employment, education, civil actions and judicial review claims. She has expertise in particular in sex and disability discrimination claims, whether in the field of employment, education or goods and services.

She also represents clients before the full range of professional and regulatory bodies and in particular deals with fitness to practice hearings before the Nursing and Midwifery Council, General Medical Council and the Health Professions Council. She frequently advises professionals facing baring by the Disclosure and Barring Service including the Adult and/or Children's Barred List.

Gráinne is a Guest Lecturer on the LLM in Employment Law at the London School of Economics.

Notable Cases

Hossain and others v SSHD [2016] EWHC 1331 (Admin) - Test case (with four representative claimants) on the lawfulness of the "Detained Asylum Casework" system; granted declaration that SSHD failed to have regard to the public sector equality duty in considering asylum claims in detention.

Hannah Miller v Tonbridge School: successfully represented female physics technician in an equal pay and sex discrimination case against a leading public school: see coverage in The Telegraph, and The Times.

Advising the National Secular Society on the Government's obligations to activate s.9(5) of the Equality Act 2010 prohibiting discrimination on the grounds of caste: available here:

Contact Gráinne

International Human Rights

Gráinne undertakes advisory work, litigation, teaching and training in international and European human rights law and in international criminal law.

She acts on behalf of individuals, organisations and charities.

She has most recently been instructed by Reprieve to advise on the case of Ibrahim Halawa, an Irish citizen detained in Egypt for over two years who faces a mass trial alongside 493 other Defendants.

Gráinne has advised on/drafted a range of international interventions before the UN, regional human rights systems and the International Criminal Court.

She is frequently instructed to conduct trial observations, training and fact-finding missions on behalf of both the Bar Human Rights Committee (BHRC), of which she is on the Executive Committee and the International Bar Association Human Rights Institute (IBA HRI). She has been appointed as a trial observer in cases in Egypt, Turkey and Malaysia.In 2016, she conducted a fact-finding mission to Calais in relation to police violence in the camps. She has previously been part of a delegation to Nigeria where she delivered training on behalf of UNICEF to the Nigerian National Human Rights Commission on children's rights and international law.

In 2013, Gráinne was awarded a Pegasus scholarship to complete a fellowship at the Center for Constitutional Rights in New York where she worked on national security, international human rights and Guantanamo Bay cases.

Gráinne is on the Panel of Assistants to Counsel at the International Criminal Court and has been appointed as an expert to the Panel of the Legal Expertise Access Platform (LEAP).

Contact Gráinne

International Crime and Conflict Law

Gráinne undertakes advisory work, litigation, teaching and training in international and European human rights law and in international criminal law.

She acts on behalf of individuals, organisations and charities.

She has most recently been instructed by Reprieve to advise on the case of Ibrahim Halawa, an Irish citizen detained in Egypt for over two years who faces a mass trial alongside 493 other Defendants.

Gráinne has advised on/drafted a range of international interventions before the UN, regional human rights systems and the International Criminal Court.

She is frequently instructed to conduct trial observations, training and fact-finding missions on behalf of both the Bar Human Rights Committee(BHRC), of which she is on the Executive Committee and the International Bar Association Human Rights Institute (IBA HRI). She has been appointed as a trial observer in cases in Egypt, Turkey and Malaysia. In 2016, she conducted a fact-finding mission to Calais in relation to police violence in the camps. She has previously been part of a delegation to Nigeria where she delivered training on behalf of UNICEF to the Nigerian National Human Rights Commission on children's rights and international law.

In 2013, Gráinne was awarded a Pegasus scholarship to complete a fellowship at the Center for Constitutional Rights in New York where she worked on national security, international human rights and Guantanamo Bay cases.

Gráinne is on the Panel of Assistants to Counsel at the International Criminal Court and has been appointed as an expert to the Panel of the Legal Expertise Access Platform (LEAP).

Contact Gráinne

Background

Before coming to the Bar, Gráinne worked in the European Commission, the International Criminal Court and the House of Lords.

Gráinne has previously worked with Prayas Institute of Juvenile Justice in Delhi, in the US House of Congress in Washington D.C. and as a research assistant at the LSE.

Publications

'Trial Observation Report, Aya Hegazy' Bar Human Rights Committee Report, October 2017 available here

'Interim Trial Observations Report: Hearing of 'Taraf' Journalists', Bar Human Rights Committee Report, October 2016, available here

'Camps at Calais and Grand Synthe (France): Policing and Access to Justice', Fact-Finding Report on behalf of the Bar Human Rights Committee, 1 August 2016 (with Stephen Cragg QC), available here

'British plans to repeal Human Rights Act misguided and unnecessary', Irish Times, 10 November 2015, available here

Judicial Review of Criminal Proceedings, Hart, Contributing author (2014)

'The Charter of Fundamental Rights and the Dublin Convention: An Analysis of S. v Secretary of State for the Home Department' (C-411/10) European Public Law 18 (4) - Nov 2012

'Indeterminate sentences for public protection: James, Wells and Lee v UK' and 'Permission to work: Asylum Seekers and Article 8 ECHR' Human Rights in Ireland (Guest Contributor)

'Statutory Rules, Common Law Rules and Public Policy in the Global Financial Crisis' Penn State International Law Review, [2011] 29 3 613 (with Professor Sara Worthington)

'Prosecutorial compassion' Criminal Law & Justice Vol. 175 No. 12, 2011 (with Abigail Bright)

Training and Seminars

Gráinne lectures in International Human Rights Law and Discrimination Law to LLM students in the Law Department of the London School of Economics. She is also a Fellow at LSE's Centre for Human Rights.

Gráinne teaches advocacy and refugee law on the BPTC at BPP Law School and is accredited to provide advocacy training by the Advocacy Training Council.

Grainne is an Associate Fellow of the Higher Education Academy.

Conferences

United Nations on Trial: LSE Law Literary Festival: 26 February 2016;

'Charters, Conventions, Acts and Bills' Sweet and Maxwell Human Rights Law Conference 2015

'The Protection of Human Rights: A Barrister's Perspective' Bar Human Rights Committee, 2 December 2015

'The Bar in 2020: A Vision for the Future' The Young Bar Conference, Bar Council of Northern Ireland, 24 January 2014

'Is Strasbourg the last word?' Paper presented at the Four Jurisdictions Conference, Middle Temple, and May 2012

Awards

Pegasus Scholarship, Middle Temple, 2013

Middle Temple Queen Mother BVC Scholarship, 2009-2010

Middle Temple Certificate of Honour, 2010

LSE 11KBW Award for Human Rights Law, 2007

Exhibitioner, Trinity College Dublin

Appearances

Gráinne was interviewed about Brexit on RTE Radio 1 'Morning Ireland' on Friday 15 March  2019.

Education

  • LLB Trinity College Dublin (First Class Honours)
  • LLM Public International Law, LSE (Distinction and 11 KBW Award for Human Rights Law)
  • BVC (Outstanding), Queen Mother Scholar, Middle Temple
  • Postgraduate Certificate in Higher Education (Associate), LSE
  • Advocacy Training Council, Accredited Advocacy Tutor (2015)

Professional Membership

  • Bar Human Rights Committee (BHRC): Executive Committee member
  • Irish4Europe: Co-Chair
  • London Irish Lawyers Association (LILA): Chair
  • Just for Kids Law, strategic litigation committee
  • Bar Council Retention Panel, Member
  • Administrative Law Bar Association (ALBA)
  • Employment Law Bar Association (ELBA)
  • Education Law Association (ELAS)
  • Rights Watch UK

Languages

  • Irish
  • French

We are top ranked by independent legal directories and consistently win awards

+ View more awards