Stuart is a public law specialist. He accepts instructions in prison law, public law, inquests, actions against the police and prisons, education law and Court of Protection matters.
Public Law
Stuart has a broad public law practice specialising in challenges to decisions made within the criminal justice system. His practice encompasses administrative, human rights, and equality law.
Stuart’s particular area of expertise is in claims for judicial review against the Parole Board and to decisions made by the Prison Service. He also advises on challenges to decisions made by the police.
Stuart is an expert in LGBT+ law as it applies in the prison estate and has been published widely in the area.
He has appeared in several recent important prison law judgments including:
- R (Bruton) v Parole Board [2022] EWHC 1692 (Admin). A challenge to a decision of the Parole Board which had refused to accept an in-time application for reconsideration.
- R (Audi Johnson) v Parole Board [2022] 1 W.L.R. 2489 The Parole Board was held to be functus when it fixed the future release date for a determinate prisoner under s.256 Criminal Justice Act 2003. The associated civil claim for false imprisonment settled.
- R (Austin) v Parole Board [2022] 1 WLR 2489 led by Jude Bunting KC. The protocol for summaries for noteworthy prisoners was declared ultra vires and procedurally unfair.
- R (Bousfield) v Parole Board [2021] EWHC 3160 (Admin) led by Ian Brownhill. The Court quashed a decision of the Parole Board on the grounds of illegality and procedural unfairness. Stuart acted for the Claimant throughout his parole proceedings. Stuart’s initial arguments raised in the reconsideration application were accepted by the High Court.
- R (FDJ) v Secretary of State for Justice [2021] 1 W.L.R. 5265. Stuart acted for the intervener, Dr Lamble, in an important claim regarding the use of the single sex exemptions under the Equality Act 2010 and the use of statistics in relation to transgender prisoners.
- R (Gifford-Hull) v Parole Board [2021] EWHC 128 (Admin). A claim concerning solicitor’s duties in relation to withheld material, and the status of victim personal statements. The Court quashed the Parole Board’s decision as procedurally unfair.
- R (Lawrence) v Parole Board [2020] EWHC 3774 (Admin). A successful challenge to the Parole Board’s refusal to grant an oral hearing.
- R (Grinham) v Parole Board [2020] EWHC 2140 (Admin). A key decision which summarises the requirements of procedural fairness as they apply to Parole Board proceedings.
- R (Fuller) v Parole Board [2020] EWHC 62 (Admin). A successful irrationality challenge to a decision of the Parole Board which failed to refer to key evidence supporting the Claimant’s application for release.
Prior to coming to the Bar Stuart gained extensive expertise in human rights, discrimination and privacy law whilst working as an Advice and Information Officer at Liberty. He gained experience of prison law whilst working as a paralegal at two leading prison law and human rights firms in London. Cases Stuart assisted on included:
- R (The Howard League and Prisoners’ Advice Service) v Lord Chancellor [2017] EWCA Civ 244. A successful systemic challenge to the legal aid cuts in prison law.
- Hutchinson v the United Kingdom (Application no. 57592/08). An intervention before the Grand Chamber on whether whole life tariffs were compatible with Article 3 of the European Convention on Human Rights.
- R (Youngsam) v Parole Board [2017] EWHC 729 (Admin). A challenge against the Parole Board concerning whether Article 5 applied to recalled determinate sentenced prisoners.
- Tara Hudson: a challenge to the Ministry of Justice’s policy on allocating transgender prisoners which resulted in a wholescale change in the policy.
Awards
Harmsworth Scholar of the Middle Temple
Memberships
Liberty
Police Actions Lawyers Group
Qualifications
Law (LLB, hons), Queen Mary, University of London 2.1
MA Res ‘Covert surveillance of legal professional privilege’, Queen Mary, University of London
Bar Professional Training Course, Kaplan Law School
Publications
‘Challenging Parole Board Decisions’ (June 2022) presented at the No5 Prison Law conference.
‘A prisoner’s guide to LGB Rights’ (Nov 2020) published by the Prisoners’ Advice Service.
‘A prisoner’s guide to Trans Rights’ (Nov 2020) published by the Prisoners’ Advice Service.
‘Transgender Rights and Remedies’ (Sep 2016) with Jane Ryan, Inside Times.
‘Transgender issues in the criminal justice system’ (Nov 2016) with Jane Ryan, Legal Action Group.
