Jonathan Auburn

Date of call: 1999 Middle Temple

Jonathan practices in public law, local government and commercial law. He came to the bar in 1999, having practiced as a solicitor in England and Australia. His public law practice includes both general judicial review cases and the specialist areas listed below. He works for both public authorities (local and central government) and individual claimants.

Jonathan is on the Attorney-General's B-Panel of counsel. He appears primarily in the High Court, at permission and substantive judicial review applications and statutory appeals but also appears in specialist tribunals (e.g. AIT, SENDIST, Care Standards Tribunal, MHRT, Social Security Commissioners), as well as having significant experience in the County and Magistrates’ Courts.

Public law & human rights
Jonathan has a wide-ranging public law practice. Recently, he was junior counsel in the leading House of Lords case of Begum v Denbigh High School which clarified the scope of Article 9 rights, and also the important issue of the approach courts are to take to alleged defects in making decisions affecting human rights. Recently Jonathan has been involved in a number of challenges involving freedom of religion. In addition to the Begum case referred to above, Jonathan has advised a local authority in a case concerning a child wishing to wear a niqab at school and is currently acting in a case involving the assertion of an Article 9 right to wear a ring demonstrating a Christian commitment to chastity. Jonathan is presently writing a book on public law and judicial review for OUP and has also been a writer for the Administrative Court Digest.

Local government
Listed by Chambers & Partners as a leading junior in the field, Jonathan acts for a large number of local authorities across the UK on a very varied range of matters, including, anti-social behaviour, planning, FoI and many other areas. He is an author of the Local Government volume of Halsbury’s and has contributed to the leading text on FoI.

Education law
Listed by both Chambers & Partners and the Legal 500 as a leading junior in the field, Jonathan represents and advises both claimants and defendants in the full range of education matters, and in particular: statutory appeals against decisions of the SENDIST; exclusions and High Court challenges to IAP decisions (including those involving DDA issues); admissions and challenges to IAP decisions (including the new School Admissions Code 2007); judicial reviews of decisions concerning school transport; judicial reviews of proposals for school reorganization including proposals for Academies, and moves from three-tier to two-tier. Jonathan also advises and represents in cases involving the independent sector, particularly in matters of discipline and / or discrimination. He acted in the high profile case of Gray v Marlborough College.

Community care
Jonathan has acted in a large number of cases in the following areas: challenges to failure to assess under s.47 NHSCCA and failure to provide under s.21 NAA; cases involving children and s.17 / s.20; leaving care duties; mental health after-care; disputes between local authorities as to which is responsible; charging for residential accommodation and the CRAG rules. Jonathan has extensive experience in cases involving asylum-seekers and others subject to immigration control including issues such as the refusal of support and the scope of Sch.3 of the 2002 Act (e.g. the extent to which it applies in “fresh claims” cases); age assessment cases; the local authority / NASS divide and other related areas concerning persons subject to immigration control.

Healthcare and mental health
Jonathan has acted in a range of cases involving health care issues, including mental health cases. Last year he acted as junior counsel for the Secretary of State for Health in a case concerning access to the NHS by foreign nationals; and in a separate matter acted for a claimant in a challenge to the failure to apply NICE guidance relating to the use of certain drugs in the treatment of hepatitis-C.

Civil Litigation, contract and tort
Jonathan acts in contract and negligence actions in the County Court and High Court. He writes extensively in the field of civil evidence and procedure, including his own book on legal professional privilege, writing for the White Book, and being an author of Phipson on Evidence and Atkins Court Forms.

AFFILIATIONS
Administrative Law Bar Association, Executive Committee and organiser of the ALBA annual conference.

APPOINTMENTS
Treasury Panel, B Panel (civil), 2007
Treasury Panel, C-Panel (civil), 2003
Attorney-General's Panel of Prosecution Advocates (C-Panel), 2002

EDUCATION
LLB (University of Western Australia)
BCL (Oxon)
D.Phil (Oxon)

PRIZES
Commonwealth Scholarship
Lionel Murphy Scholarship

DIRECTORY ENTRIES
Chambers & Partners, 2010:
Recommended junior in Education Law: “he is one of the best for education, and stands out because of the level of service that he gives, his good client care and the quality of his advice and his committment to the case. He is approachable and responsible” (2008) and "enjoys an excellent profile in the market. His understanding of the issues facing local authorities is first-rate and he perpetually offers sensible, user-friendly advice" (2009), and "a powerful advocate who demonstrates a phenomenally detailed understanding of the law" (2010); Local Government Law: "Quick witted...(he) continues to garner praise and admiration for his rising profile". "He is building up a huge body of knowledge and experience" (2008) and " whatever he undertakes, he does a very fine job " (2010)

Legal 500, 2009:
Recommended junior in Education Law: "popular and dedicated" (2007), "tenacious advocate" (2008) and “a firm grasp of High Court procedure and case strategy” (2009). Jonathan is also noted to be "one to watch" in Administrative & Public Law (2007).

Legal Experts, 2010:
Recommended expert in Education Law.

CLERKS EMAIL
Daniel Perry and Anthony King