Alexander Campbell
Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.
Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.
Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.
Alex writes regularly in legal publications in his areas of practice online, in journals and books.
Practice Areas
Panels
- Case Analysis Panel
- Consulting Editorial Board
- Contributing Author
- Q&A Panel
Qualified Year
- 2010
Membership
- Constitutional and Administrative Law Bar Association
- Social Housing Law Association
- Property Bar Association
- Franco-British Lawyers Society
- Lesbian and Gay Lawyers Association
- Bar Lesbian and Gay Group
Education
- LLM (Public Law and Human Rights) (with Distinction) University College London
- MA in Law Trinity College, Cambridge
- Matrise en droit (Masters degree in French law) Universit de Paris II Panthon-Assas
- Bar Vocational Course
13 Contributions by Alexander Campbell
PRACTICE NOTES
Applying Strasbourg Jurisprudence in UK Courts: HRA 1998 s 2, the Mirror Principle, Margin of Appreciation, Exceptions and Stare Decisis
Where a UK court or tribunal is confronted with an issue engaging a Convention right, it must take into account any judgment or decision of the European Court of Human Rights. In reality, the prevailing judicial approach has been to regard final decisions of the Strasbourg Court as effectively binding unless there is a sound reason to depart. This Practice Note accordingly summarises the core principles governing the standing of Strasbourg jurisprudence in the UK courts.
Background to HRA 1998, s 2
The UK was the first state to ratify the European Convention on Human Rights in March 1951. Until the Human Rights Act 1998, however, the Convention was not part of domestic law, so UK courts lacked authority to give effect to Convention rights (see: R v Secretary of State for the Home Department ex parte Brind). Even so, courts paid regard to Strasbourg rulings prior to the HRA 1998 (see: Derbyshire County Council v Times Newspapers). The purpose of the HRA 1998 was to enable UK courts to give effect to Convention rights in the first instance, rather than require individuals to...
Public Law
PRACTICE NOTES
Convention rights in UK law: ECHR Articles, Protocols and case law under the Human Rights Act 1998
The European Convention on Human Rights (ECHR)
Adopted by the Council of Europe in 1950, the ECHR sets out rights and freedoms that contracting parties must respect and secure for everyone within their jurisdiction. These include:
life
protection from torture and other inhuman or degrading treatment or punishment
freedom from slavery and forced or compulsory labour
liberty and personal security
a fair trial
prohibition of retroactive penal legislation
respect for private and family life, home and correspondence
freedom of thought, conscience and religion
freedom of expression
freedom of assembly and association
to marry and found a family
an effective remedy for violations of rights—this is not incorporated into UK law by the Human Rights Act 1998 (HRA 1998)
freedom from discrimination in relation to specific rights and freedoms
These rights are defined in the Convention’s core Articles and are supplemented by Protocols addressing further matters, including:
peaceful enjoyment of possessions
education
free elections
Some Protocols have not been ratified or signed by the UK...
Public Law
PRACTICE NOTES
ECHR derogations and reservations, the margin of appreciation and Article 18: UK procedures under the Human Rights Act 1998, non-derogable rights, and leading authorities
Public authorities may, in a number of broad ways, be found not to have breached a Convention right. These avenues are contained in the European Convention on Human Rights (ECHR) and, in domestic law, the Human Rights Act 1998 (HRA 1998). This Practice Note considers:
derogations from the Convention rights
reservations to Convention rights
matters within a state’s margin of appreciation
For qualified rights (rather than absolute rights), a public authority will not be in breach if its actions meet the qualifying conditions, ie the interference with the Convention right is justified. For background, see Practice Note: Convention rights—structure of qualified rights.
Derogations from the Convention rights
What is a derogation?
Article 15 of the ECHR allows Member States, in defined circumstances, to depart from the obligation to respect the Convention rights.
The situations in which a contracting state may do so are narrowly confined. Contracting states face limits both on when they may derogate and on the degree of any such derogation, namely:
the circumstances justifying the derogation, and
the extent of the derogation
What are the circumstances...
Public Law
PRACTICE NOTES
Housing Act 1996 Part VII: interim accommodation duties, suitability, and powers pending review/appeal (England and Wales)
Part VII of the Housing Act 1996 (HA 1996) establishes the statutory homelessness regime for local housing authorities (LHAs) operating in England and Wales. It outlines the distinct obligations an LHA may owe to different homeless applicants. Inevitably, an LHA requires time to investigate a homeless applicant’s particular circumstances before deciding which duty is owed in law. Certain applicants’ situations are so urgent that accommodation is needed at once, even before the LHA can complete its enquiries. The HA 1996, in defined cases, requires LHAs to secure accommodation on an interim basis. This Practice Note explains the situations in which that interim duty arises and how it is discharged in practice. It also describes the power an LHA has, once its enquiries are concluded, to provide interim accommodation where:
an applicant seeks a review under HA 1996, s 202 of an unfavourable decision, or
an applicant brings an appeal under HA 1996, s 204 to the County Court
Duty to accommodate pending enquiries
The obligation on an LHA to secure accommodation for a homeless applicant while enquiries are undertaken into which duty...
Local Government
PRACTICE NOTES
Human Rights Act 1998 and ECHR compatibility of legislation: section 19 statements, section 3 interpretation, section 4 declarations, and leading UK case law
Parliamentary statements of compatibility
The Human Rights Act 1998 (HRA 1998) not only furnishes individuals with a remedy where their European Convention on Human Rights (ECHR) protections have been infringed, it also prompts government and Parliament to scrutinise, during law-making, whether proposed measures align with Convention rights. Under HRA 1998, s 19, a Minister of the Crown in each House must, before a Bill’s second reading, issue a statement confirming that the Bill complies with Convention rights (a section 19(1)(a) statement) or, alternatively, under section 19(1)(b), state that they cannot make such a confirmation, yet the government nonetheless asks Parliament to continue with the Bill. This process aims to ensure that human rights implications are addressed proactively, rather than remedied only after breach. It signals to both Houses the government’s assessment, while allowing Parliament to weigh incompatibility openly, if necessary.
The form of the statement of compatibility
The statement must be in writing, but no fixed method of publication is mandated. It must be published in whatever manner(s) the responsible minister considers suitable.
Forms of legislation which require a statement of compatibility
Section 19 of the HRA 1998 applies only to Bills, that is, primary legislation. Nonetheless the government has...
Public Law
PRACTICE NOTES
Interim homelessness accommodation in Wales: duties pending enquiries; powers pending review and appeal; suitability and termination under the Housing (Wales) Act 2014
Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014)
Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014) outlines the homelessness legal framework for local housing authorities (LHAs) in Wales. It explains the varying obligations an LHA owes to different homeless applicants. Inevitably, an LHA must investigate an applicant’s circumstances before deciding which duty applies; see Practice Note: Homelessness and threatened with homelessness in Wales. Some applicants’ situations are so urgent that accommodation is required immediately, even before those enquiries can be completed. H(W)A 2014 makes provision, in specified circumstances, requiring LHAs to secure accommodation on an interim basis. This Practice Note sets out when that interim duty arises, how it operates, and how it is discharged. It also describes the power available to an LHA, once its enquiries are finished, to arrange interim accommodation where:
a homeless applicant requests a statutory review of the homelessness decision reached by the LHA
a homeless applicant brings an appeal to the County Court against the result of a review undertaken under H(W)A 2014, s 85
The homelessness law contained in H(W)A 2014 is similar to the...
Local Government
PRACTICE NOTES
Interpreting UK Legislation to Protect Human Rights: HRA 1998 s 3, Common Law, Principle of Legality, Presumption of Compatibility with International Law, and Post-Brexit Assimilated/Retained EU Law
There are three main principles of statutory interpretation relevant to the protection of human rights in the UK:
a statutory obligation in section 3 of the Human Rights Act 1998 (HRA 1998) to construe legislation, so far as possible, in a manner consistent with Convention rights
the presumption that Parliament does not, absent clear wording, curtail fundamental rights — the interpretative ‘principle of legality’
the presumption that Parliament does not intend to enact measures contrary to the United Kingdom's international duties, including under international human rights instruments — the presumption of compatibility
Before the UK left the EU, further presumptions guided the reading of statutes in line with UK obligations stemming from EU law. Although the UK is no longer an EU member, such presumptions may still matter for questions of assimilated law (or issues of retained EU law as it operated in the 2021–23 period). However, because the Charter of Fundamental Rights of the European Union was expressly excluded from retained EU law in the 2021–23 period, and neither it nor...
Public Law
PRACTICE NOTES
Public authorities under s 6 Human Rights Act 1998: core and hybrid bodies, public function factors, consequences, and key authorities (Aston Cantlow; YL v Birmingham City Council)
The Human Rights Act 1998 (HRA 1998) obliges public bodies not to behave in a manner that conflicts with Convention rights. A claim can only be brought if the body in question is a public authority. It is therefore crucial to identify what qualifies a body as a public authority for the purposes of HRA 1998. In some matters the answer is straightforward, yet in many others the position is more nuanced. In those circumstances it is necessary to look to guidance issued by the courts on what makes an organisation a public authority. Only bodies meeting this threshold face potential claims under the Act. Judicial guidance remains essential in borderline cases.
The legislative background
Section 6 of HRA 1998 states: Acts of public authorities (1) It is unlawful for a public authority to act in a manner that is incompatible with a Convention right. (3) In this section, “public authority” includes: (a) a court or tribunal; and (b) any person some of whose functions are of a public nature; but not either House of Parliament or a person exercising functions in connection with proceedings in Parliament. (5) In relation to a particular act, a person is not a public...
Public Law
PRACTICE NOTES
UK Judicial Deference and Strasbourg's Margin of Appreciation: Principles, Scope, Factors and Key Cases under the Human Rights Act 1998
Judicial deference
Judicial deference is often characterised as the principle that 'respect is a central concept in judicial review'. It is not confined to matters concerning human rights. Where human rights are engaged, however, it relates to the weight courts will accord to the considered views of Parliament and/or the Executive when determining whether a given decision or a particular item of legislation amounts to a proportionate interference with one or more rights under the European Convention on Human Rights. Although akin to deference in several ways, the margin of appreciation is a separate doctrine applied by the European Court of Human Rights (ECtHR). It encapsulates the notion that member states are, in principle, better placed to assess local needs and circumstances than an international court and should therefore be granted a measure of leeway as to the manner in which they implement human rights standards...
Public Law
Q&As
Equitable assignment of commercial lease: assignee in possession with landlord consent, formalities incomplete
What are the formality requirements for assigning a commercial lease?
There are three principal formalities for assigning a lease.
First, the agreement to assign must be in writing and signed, and it must contain all terms expressly agreed by the parties in a single document or, if contracts are exchanged, in each counterpart (section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)).
Second, the assignment must be carried out by deed, even where the lease itself was originally granted orally (section 53 of the Law of Property Act 1925; Crago v Julian).
Third, if the lease being transferred is a registered lease, the assignment only completes once it has been registered at HM Land Registry (section 27(1)(a) of the Land Registration Act 2002 (LRA 2002))...
Property Disputes
Q&As
No written domestic garage letting: court order or re-entry; Torts (Interference with Goods) Act 1977
Taking back possession of a garage
When a landlord has rented out a dwelling, for example a house or flat, they cannot lawfully regain possession of the property while the tenant remains in residence except by initiating court proceedings. This requirement, in such circumstances, is expressly imposed by sections 2 and 3 of the Protection from Eviction Act 1977 (PEA 1977)...
Property Disputes
Q&As
Quantifying landlord time for cleaning/decorating in AST damages
A tenant’s obligations
A tenant is under an implied duty to use the rented premises in a tenant-like manner. In Warren v Keen, the Court of Appeal (per Denning LJ) described this as taking proper care of the home and doing the small tasks a reasonable tenant would attend to. Frequently, tenancy agreements include express terms about how the property is to be used and any duties to keep it in good repair; these express provisions supersede the implied obligation. In addition, a tenant owes a tortious duty under the doctrine of waste, meaning they must not do, or fail to do, anything that brings about a permanent alteration to the property’s nature.
Removing fixtures
Allowing the property to fall into decay
A landlord’s remedy once the tenancy has been determined
Where a tenant has failed to meet their repairing obligations, the landlord is entitled to claim damages even after the tenancy has come to an end...
Property
Q&As
Residential lease forfeiture: limited company v individual—procedure
Procedure for forfeiting a residential lease
Under forfeiture law, a landlord may terminate a lease by carrying out re-entry to the property. Re-entry can be achieved either by physically going back into the premises or by commencing and serving possession proceedings in the County Court or the High Court. However, where premises are let as a dwelling and are still occupied, a landlord is not permitted to forfeit by physical re-entry and must instead bring proceedings before the court...
Property Disputes
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