Joseph Byrne

Joseph specialises in public law, immigration and civil law, with a particular focus on public inquiries, human rights and asylum law, and actions against the police. He is known for combining rigorous legal analysis with an accessible and empathetic approach to clients.

Common to much of Joseph’s work is his interest in civil liberties, human rights and the relationship between the individual and the state. He has a strong theoretical grounding in public law, with academic research focused on the legitimate ambit of Wednesbury unreasonableness and proportionality review.

Joseph completed pupillage at Goldsmith Chambers. Prior to the Bar, he read Law at the University of Cambridge, completed a research master’s in Law at Queen Mary University London and volunteered at South West London Law Centres.

Public Inquiries

Joseph is an experienced inquiry counsel who has worked on two of the most significant public inquiries of recent times: the Grenfell Tower Inquiry and the Covid-19 Inquiry. He has knowledge of all aspects of the inquiry process and has been noted for his analytical judgement and strong collaborative approach to working with solicitors, clients and fellow counsel.

Joseph accepts instructions to act for core participants and as counsel to the inquiry.

The Covid-19 Inquiry

Joseph is currently instructed by the Welsh Government in relation to the UK Covid-19 Inquiry. Working across multiple modules of the Inquiry, his role has included oral advocacy at inquiry hearings, drafting written submissions, witness preparation, advising ministers and senior officials on evidence and strategy, coordinating with policy officials and internal/external legal teams, and drafting witness statements.

Joseph was lead junior counsel in respect of module 5 of the Inquiry, relating to the procurement of key healthcare supplies including PPE, ventilators and oxygen. He delivered the Welsh Government’s opening and closing oral submissions at the public hearings, drafted the opening and closing written submissions, led on witness preparation for the Welsh Government witnesses and managed the incoming disclosure review process.

Through his work on module 3 (impact on healthcare systems) and module 6 (impact on the care sector), Joseph developed valuable experience and insight into the health and social care system. This included working with the current and former First Ministers, Health Ministers, Chief Nursing and Midwifery officers, and other senior officials.

Joseph is also instructed by the Welsh Government in relation to modules 2B (government decision-making), 7 (test and trace) and 9 (economic impact).

The Grenfell Tower Inquiry

Joseph was previously instructed as Junior Counsel to the Grenfell Tower Inquiry. His work focused on the role of the London Fire Brigade in the years leading up to the fire, particularly governance structures, the adequacy of institutional learning and staff training and the organisation’s capacity to learn lessons and effectively implement recommendations from previous serious incidents.

Joseph worked on all aspects of the inquiry including drafting sections of the final Inquiry report, identifying recommendations, drafting cross-examination plans for multiple key witnesses, evidential analysis, the management of expert evidence, and the disclosure review process.

Immigration and asylum

Joseph regularly appears in the First-Tier and Upper Tribunal with particular experience in human rights, asylum, deportation and EEA/EUSS appeals, judicial review and bail hearings. He also accepts instructions in relation to civil claims for unlawful immigration detention.

Joseph has a strong commitment to improving access to justice and accepts pro bono instructions from organisations including Bail for Immigration Detainees (BID) and the Refugee and Migrant Forum of Essex and London (RAMFEL).

Recent notable cases include:

EK v SSHD: Asylum and human rights appeal brought by a Russian woman with significant daily care needs who faced risk on return due to her anti-war and anti-government views. The protection claim was allowed, relying on objective evidence and news reports of ordinary Russian people facing arrest for their political views following denouncement by friends and neighbours. The appeal was also allowed on Article 8 grounds in relation to EK’s care needs and family life with her adult daughter.

IN, HN and JN v SSHD: Article 8 adult dependent relative appeal representing an elderly Indian couple and the severely disabled adult son they are no longer able to care for without the assistance of family in the UK.

OO v SSHD: Successful FTT deportation appeal following OO’s conviction for affray, relying on the unduly harsh effect of deportation on OO’s ex-partner’s daughter, upheld in the Upper Tribunal.

MH v SSHD: Successful long residence appeal in which the Tribunal accepted that MH’s 3C leave had continued to run since a 2015 human rights application which the SSHD had incorrectly treated as ‘varied’ by a subsequent (refused) EEA residence card application.

FA v SSHD: Successful Article 8 appeal on behalf of a divorced victim of domestic abuse facing stigmatisation on her return to Pakistan.

SM and JU v SSHD: Successful Article 8 appeal representing SM (and her infant son) who fell just short of 20 years’ residence in the UK following a 7 year delay in the SSHD refusing her asylum application. Acted pro bono, instructed by RAMFEL.

MS v SSHD: Successful challenge to the Tribunal’s dismissal of MS’s asylum appeal following the FTTJ’s erroneous understanding of his power to direct the SSHD to disclose evidence.

R (on the application of AA) v SSHD: Granted permission to bring judicial review  proceedings in relation to the SSHD’s failure to consider AA’s further submissions as a fresh claim.

Civil

Joseph’s civil practice spans a wide range of County Court work. He frequently represents clients in small claims, fast track and multi-track cases in cases involving:

• Contractual disputes
• Landlord and tenant / housing
• Commercial property
• Defamation
• Civil penalty notices
• Road traffic accidents
• Personal injury
• Credit hire
• Debt recovery
• Equitable remedies

Actions against the police and immigration authorities

Drawing upon his experience of civil litigation, immigration, and criminal law which formed a large part of his early practice, Joseph is well-placed to assist clients with claims against the police or immigration authorities. Joseph has advised and represented claimants in relation to unlawful arrest, false imprisonment, unlawful/excessive detention, assault and battery, malicious prosecution, misfeasance in public office, trespass to goods and property, unlawful search and seizure and related property actions.