JONATHAN MITCHELL kC

Year of Silk/Call: 1992/1979

CALL 020 7827 4000

EXPERTISE

  • Commercial Law

  • Equality and Discrimination

  • Employment

  • Human Rights

  • Professional Discipline

  • Sport and Entertainment

  • Jonathan Mitchell KC practice is based in Scotland. He has a wide civil practice, with special interests in public, constitutional, administrative law and equality issues.

  • Temporary sheriff (1988–1996)

    Deputy Social Security Commissioner (1994–2002)

    Member of the Equality and Human Rights Commission ‘A' panel of counsel

  • Eviction and Rent Arrears, 1995

    Many seminars and conferences, including the Family Law Association, the Four Jurisdictions annual conference, the Legal Services Agency.

    Evidence to Parliament on a number of occasions

  • BA Hons (PPE, Oxford)

    LLB (Edinburgh)

    • Mirza v Salim, 2014 SLT 875: Successful appeal in Inner House as to damages for wrongful use of interdict

    • Glasgow City Council v Unison, 2014 SLT 716: Successful appeal in Inner House as to local government responsibility for sex discrimination by ALEOs

    • IA v Home Secretary, 2014 SC (UKSC) 105: Supreme Court case establishing that a greater weight should be given to the decisions and methodology of the UNHCR in asylum cases.

    • Fox & Partners v Lord Chancellor [2013] EqLR 956 (OH) : Judicial review of the introduction of Employment Tribunal fees regime

    • Stewart v Stewart's Trs 2013 CSOH 63: Lengthy proof on challenge to will on grounds of incapacity, followed by successful motion for expenses on agent and client scale

    • Davies v Scottish Commission for the Regulation of Care 2013 SC (UKSC) 186: Successful appeal in Inner House and Supreme Court on transitional provisions as to care regulation

    • RM v Scottish Ministers 2013 SC (UKSC) 139: Successful judicial review appeal to Supreme Court; a constitutional milestone in declaring Government's duty to lay regulations before Parliament

    • Eba Petitioner 2012 SC (UKSC) 1: Successful appeal in Inner House and Supreme Court, leading case on ambit of judicial review of tribunals

    • City of Edinburgh Council v Wilkinson and others 2012 SLT 211 (IH): Principles applicable to equal pay claims

    • Craigdale Housing Association & Ors v Scottish Information Commissioner 2010 SLT 655 (IH) : Freedom of information/personal data

    • Lynch v East Dunbartonshire Council 2010 ICR 1094 (EAT): Lis pendens and tribunal jurisdiction

    • Tuley v Highland Council 2009 SC 456 (IH) : Land Reform (Scotland) Act 2003 and the right to roam

Johnathan Mitchell KC appeared 14 times in the House of Lords/UK Supreme Court and acted in over 200 reported cases and thousands of unreported ones in the Court of Session, the Sheriff Court, EAT, ET and UT.

"A class act with a very wide range....praised by commentators for his 'great courtroom knowledge’...an elegant, concise and forceful advocate....with a fierce intellect...really thinks outside the box ...provides very creative solutions”. - Chambers & Partners 2015

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Delroy B Duncan KC