Eric Metcalfe#3080

Eric Metcalfe

Eric Metcalfe is a barrister at Monckton Chambers specialising in public law, EU law and human rights. Called to the Bar in 1999, he spent almost nine years as the director of human rights policy at JUSTICE before joining Monckton in 2011. He is listed by the Legal 500 as a leading junior in the field of Civil Liberties and Human Rights. His most recent cases include R(Public Law Project) v Secretary of State for Justice [2014] EWHC 2365 (Admin) and Bingham Centre v Information Commissioner (EA/2014/0097), and he is currently instructed by Liberty in proceedings before the Investigatory Powers Tribunal against the UK intelligence services.


Publications

Contributor to the Rights and Freedoms volume of the 5th edition of Halsbury’s Laws (LexisNexis, 2013).

Editor in Chief of the Human Rights Law Reports - UK Cases (Sweet & Maxwell).

Co-author of the 5th edition of Blackstone’s Guide to the Freedom of Information Act (OUP, 2013).
Contributed to

8

Civil contingencies and emergency powers
Civil contingencies and emergency powers
Practice notes

The Civil Contingencies Act 2004 (CCA 2004) provides the primary framework for dealing with large-scale emergencies under UK law. This Practice Note covers the definition of emergency, interaction with human rights and the royal prerogative, use of the powers versus existing legislation, limitations on the power and process for making regulations.

Dealing with a human rights challenge
Dealing with a human rights challenge
Practice notes

This Practice Note provides a toolkit for defending a human rights challenge. It identifies the type and scope of human rights under the European Convention on Human Rights (ECHR) and the Human Rights Act 1998, and considers the relevant duties and process under the UK legislation, with reference to key definitions, principles and defences.

Human rights and statutory construction
Human rights and statutory construction
Practice notes

This Practice Note outlines the main canons of statutory construction relevant to the protection of human rights in UK law, examining the relevant case law and principles so that legislation drafters can ensure new legislation is drafted in accordance with these principles.

Judicial deference and the margin of appreciation
Judicial deference and the margin of appreciation
Practice notes

This Practice Note considers the doctrines of judicial deference and the margin of appreciation in the context of human rights law. Judicial deference (the weight given to the views of Parliament and executive as to proportionality of the interference), and the margin of appreciation (the leeway enjoyed by States to evaluate local needs and conditions impacting on implementing human rights), assist in determining whether a decision on point in a case constitutes a proportionate interference with one or more Convention rights within the competence of the legislature or executive.

Status of Strasbourg case law
Status of Strasbourg case law
Practice notes

This Practice Note considers the law around whether the decisions in cases taken to Strasbourg are binding on the UK. It outlines how the Human Rights Act 1998 gives effect to Convention rights and the extent of the mirror principle.

Terrorism law
Terrorism law
Practice notes

This Practice Note examines the combined effect of key terrorism legislation, explaining the powers conferred on the government to protect the UK from terrorism and the interaction with criminal law and human rights.

The Investigatory Powers Act 2016—an introductory guide [Archived]
The Investigatory Powers Act 2016—an introductory guide [Archived]
Practice notes

This Practice Note has been archived and is not maintained. It explained the background to the introduction of the Investigatory Powers Act 2016 (IPA 2016). . It provided an overview of the IPA 2016; a summary of the various reviews of the pre-existing regimes for the collection and retention of communications data under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Data Retention and Investigatory Powers Act 2014 (DRIPA 2014) which led to IPA 2016 being passed.

Other work

Dealing with a human rights challenge—checklist
Dealing with a human rights challenge—checklist

This checklist provides a step by step guide to dealing with a challenge under the Human Rights Act 1998, including the defences of lawful interference with qualified rights and acting pursuant to legislation.

Practice Areas

Panel

  • Contributing Author

Education

  • BA, LL.B. (University of Canterbury, NZ), LL.M. (Queens University, Canada), D.Phil (Oxon)

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