Contact Us

5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk

John-Paul Waite

YEAR OF CALL 1995

"a man who is permanently in and out of the Administrative Court" – (Immigration) Chambers UK 2012

Public / Administrative Law:

Regular appearances on behalf of the Government in the High Court, Court of Appeal and Supreme Court. Significant cases in the last 12 months include:

  • MS (Palestinian Territories) v SSHD [UKSC] 25: acting before the Supreme Court as junior counsel for the Secretary of State in a case relating to the right to challenge removal directions before the Asylum and Immigration Tribunal.
  • DS (Aghanistan) v SSHD [2011] EWCA Civ 305: acting as counsel for the Secretary of State in a Court of Appeal test case relating to the applicability of s55 of the Borders, Citizenship and Immigration Act to cases relating to asylum seeking children.
  • Anam v SSHD [2010] EWCA Civ 1140: acting as counsel for the Secretary of State in a test case relating to the test for detention of mentally ill detainees.

Inquests:

I represent public bodies in Coroners’ Inquests, with a particular expertise in death in custody cases. In addition to acting in Coroners’ Inquests, I have acted in three public inquiries investigating the death of Billy Wright, Rosemary Nelson and Robert Hamill.

Employment Law:

I have extensive experience acting for public corporations, private companies, government departments and claimants in the Employment Tribunal and Employment Appeal Tribunal. I am the founding author of the Employment Tribunals Handbook, published by Bloomsbury (3rd edition due 2011). Significant cases in the last 12 months include:

  • Cordell v Foreign and Commonwealth Office - acting for the FCO in a test case concerning the correct choice of comparator in a claim for direct disability discrimination. The Claimant is supported by the EHRC and the case is due to be heard by the EAT in July, her claim having been dismissed at first instance.
  • Rashid and Others v EDF Energy – successfully acting for EDF Energy in multiple unfair dismissal claims arising from a major restructuring exercise.
  • Pope and Buckley v Department for Transport Vehicle Operating Services – claim relating to the imposition of a pay settlement and its resultant impact upon individual contracts of employment, due to be heard in June of this year.
  • Kidson v UK Power PLC – acting for the Respondent in a claim by a former consultant that he was an employee of the company. Due to be heard later this year.

Significant previous Claimant work includes:

  • Watts v High Quality Lifestyles [[2006] IRLR 850 – test case for determining the meaning of direct discrimination under the DDA.

Personal Injury:

I undertake Defendant personal injury work for multi-national companies and Government departments.

Public Inquiries:

I have acted in the following three public inquiries:

The Billy Wright Inquiry: junior counsel acting for 80 prison officers.

The Hamill Inquiry: counsel for the forensic science service.

The Nelson Inquiry: counsel for individual members of the armed services.

Other areas:

I undertake work in the VAT and Duties Tribunal and the Immigration Services Tribunal on a regular basis. I also carry out occasional work in the area of personal injury law. 

Memberships

Co-author of Tottel's Employment Tribunals Handbook (previously published by Tolley's), the second edition of which was published in August 2005.

Education

1995 - Bar Vocational Course
1993-1994 - City University Diploma in Law (CPE)
1989-1992 - University of Leeds Bachelors Degree in History (2:1)
1982-1989 - Pimlico School

Inn: Middle Temple

Outside interests

Music,reading,football and boating.