Our People

Lord Gifford Q.C.
(1962, QC 1983)

Teams

Crime, Judicial Review

Education

Winchester College; Kings College, Cambridge

Practice

Lord Gifford practices in criminal law, judicial review, inquests and inquiries, and general common law.

Profile

Lord Gifford has had a remarkable career as a pioneer in human rights, legal reform and the opening up of the Bar. He was co-founder of the North Kensington Neighbourhood Law Centre, Britain’s first law centre. He founded Wellington Street Chambers and was its head for 15 years. He joined Chambers (formerly at 8 King’s Bench Walk) in 1989 and has been head of Chambers since 2001.

He was chairman of the Broadwater Farm Inquiry and the Liverpool Eight Inquiry, both of which investigated patterns of racism and discrimination. He represented the family of James Wray at the Bloody Sunday Inquiry.

Some of his most high-profile cases include those of Gerry Hunter (the Birmingham Six appeal) and of Paul Hill (the Guildford Four appeal). Lord Gifford has particular experience in representing highly politically-active defendants. His reported cases include appeals involving trade unions, libel, contract and tort as well as criminal law.

In 1991 Lord Gifford set up a firm of attorneys in Kingston, Jamaica, where he is known as a leading advocate in civil and criminal law. He divides his practice equally between Jamaica and the UK.

Recent & Reported Cases

R v Aubrey-Fletcher ex parte Thompson (1969) 2 All ER 846 (binding over)
Kavanagh v Hiscock (1974) 2 All ER 177 (right of industrial picketing)
Hubbard v Pitt (1975) 3 All ER 1 (CA) (right of peaceful picketing)
Somma v Hazelhurst (1978) 2 All ER 1011 (CA) (rights of licensees)
Bushell v Secretary of State for the Environment (1980) 2 All ER 608 (HL) (right to cross-examine at planning inquiries)
R v Pagett (1983) 76 Cr App R 279 (CA) (causation in manslaughter cases)
R v Iqbal Begum (1985) 93 Cr App R 96 (CA) (leading case on the importance of proper interpreting)
R v Callaghan (1988) 88 Cr App R 40 (Birmingham Six appeal)
Franklyn & Vincent v R (1993) 42 WIR 262 (PC) (disclosure by prosecution)
DPP v Bailey (1993) 44 WIR 327 (PC) (self-defence)
Brooks v DPP (1994) 44 WIR 332 (PC) (abuse of process)
R v Gordon (1994) 47 WIR 320 (Jamaican CA) (presumption of good character)
R v McKain (1994) 47 WIR 290 (Jamaican CA) (capital murder)
R v Muir (1995) 48 WIR 262 (Jamaican CA) (defence of accident)
R v Downer (1996) 52 WIR 284 (Jamaican CA) (sentence on a juvenile)
R v Johnson (1996) 53 WIR 206 (Jamaican CA) (hearsay evidence)
R v Reynolds (1996) 53 WIR 217 (Jamaican CA) (trial judge usurping the function of the jury)
Berry v DPP (1996) 50 WIR 381 (PC) (judicial bias)
Gleaner Co Ltd v Strachan (1997) 59 WIR 315 (Jamaican CA) (libel)
Von Starck v R (2000) 56 WIR (PC) (effect of exculpatory statement)
Gleaner Co Ltd v Abrahams (2003) 63 WIR 197 (PC) (damages for libel)
Bernard v Attorney-General (2004) 65 WIR 245 (PC) (liability of state for shooting by a police officer)
Steven Grant v R (2006) 68 WIR 354 (PC) (statements of witnesses read to the jury)
Blue Haven Enterprises Ltd v Tully (2006) WIR 334 (PC) (law of restitution)
Government of Rwanda v Munyaneza (2008) : extradition request from the Government of Rwanda seeking defendant for trial on charges of genocide and crimes against humanity (see below for further details)
R v Bryce & others (2008) : trial in the Belfast Crown Court of the anti-war protestors who occupied the premises of military suppliers Raytheon and destroyed computers: defence successfully raised that the damage was lawful as it was done to prevent the bombing of civiliants in Lebanon.

Publications

Where’s the Justice? A Manifesto of Law Reform, Penguin Books, 1985
The Broadwater Farm Report, Karia Press, 1986
Broadwater Farm Revisited, Karia Press, 1989
Loosen the Shackles; the Report of the Liverpool 8 Inquiry, Karia Press, 1989
The Passionate Advocate, (his autobiography), Wildy Simmonds & Hill, 2007

Memberships

Haldane Society of Socialist Lawyers, Liberty, Advocates Association of Jamaica.

News

Lord Gifford QC on winning team in landmark extradition case

On 8th April 2009 the Divisional Court (Laws LJ and Sullivan LJ) handed down its judgement in the case of Government of Rwanda v Munyaneza and others. Charles Munyaneza, who was represented by our Head of Chambers Lord Gifford QC, was one of four Rwandans living in the United Kingdom who had been charged in Rwanda for genocide and related offences in 1994. The Government of Rwanda sought their extradition to stand trial in Rwanda.

Charles Munyaneza gave evidence before the District Judge that the charges were false and that he had in fact helped Tutsi people to escape the genocide. But on 6th June 2008 the District Judge ordered that the four should be extradited, and they appealed to the High Court. The main issue in the case was whether the men could receive a fair trial in Rwanda.

Evidence was presented to the courts in the form of reports from Amnesty International, Human Rights Watch and other bodies, as well as the evidence of investigators who had been in contact with potential defence witnesses. The evidence showed that there was a climate of fear in Rwanda, so that witnesses were terrified of reprisals if they testified. There was further evidence that attempts were made by the executive to influence the judiciary, and that in relation to one high profile trial, the judge had later said that the decision to convict the accused was dictated to him.

After examining the evidence and legal arguments in a hearing over eight days, the Divisional Court found that there was a real risk that the four men would, if extradited, be subject to a flagrant denial of justice. In that case the right to a fair trial under the Human Rights Act was engaged. It is the first time that an extradition has been refused on these grounds in Britain. The decision is in line with decisions of court in France and Germany, and of the International Criminal Tribunal for Rwanda.