Pete Weatherby KC

Inquests & public inquiries

In addition to leading the team representing 22 of the bereaved Hillsborough families at the new inquests, Pete represented the family of Jessie James, a 15 year old brutally gunned down in Manchester in 2006, and has appeared for families at many inquests and public inquiries into custody deaths. Pete appeared in the Abergele cyclists inquest (2007) (four members of the North Wales Cycle Club killed by a skidding car). He is often instructed by Trade Unions in this area of work, particularly in work related deaths.

Pete undertakes judicial review of inquest decisions and rulings, and appeared for the family at the Public Inquiry into the death of Bernard “Sonny” Lodge (a prisoner who died at HMP Manchester in 1998), set up following a defective Inquest, and which reported in late 2009. Pete also appeared at all stages of the Middleton case; the landmark case relating to Article 2 and inquest jury verdicts which resulted in substantial changes to the law relating to narrative conclusions and the accountability of state authorities and officials.

Pete represented the partner of Anthony Grainger, an unarmed man fatally shot in a botched police operation, at the Public Inquiry into his death, and he represented 80 victims of the Grenfell disaster during phase one of the Inquiry. More recently he appeared for bereaved victims of the Manchester Arena bombing outrage at the inquests and he currently leads the team representing the Covid Bereaved Families for Justice group in the UK Covid-19 Inquiry.

Pete was one of the lawyers who drafted the Public Authorities (Accountability) Bill 2017 (‘Hillsborough Law’), and is involved in the campaign of the families to get it enacted. The Bill institutes a legal duty of candour and provides a ‘toolbox’ for victims to require public authorities and officials to be frank and transparent and accept responsibility for wrongdoing. It empowers whistleblowers and it provides for a level playing field between authorities and institutions on the one hand and victims on the other in terms of public funding for legal representation.

Pete is a Trustee of INQUEST, the charity which provides support for the bereaved in cases involving death in state custody or where state officials are involved. He also writes and delivers seminars and webinars relating to Article 2, inquests and inquiries.

Crime and Protest Rights

At first instance, Pete appears predominantly in murder, ‘gangland’, ‘terrorism’ and serious fraud trials. Pete is particularly interested in cases involving civil liberties, human rights, political, prison law, extradition, mental health, and international issues. He has appeared in criminal cases in other jurisdictions, including Mauritius.

Pete has a long-standing appellate practice including cases involving miscarriages of justice, and cases relating to the legality of sentences, in particular IPP and whole life terms. Pete has successfully challenged aspects of the IPP regime, and whole life tariffs, in the European Court of Human Rights.

Pete appeared in R v Robert Brown [2002] (conviction for murder quashed after RB had served 26 years), and represented Michael Shields (the only person ever to receive a pardon for a foreign conviction). He has been involved in a number of Criminal Cases Review Commission referrals, and challenges to their decisions. Pete recently appeared in a high profile judicial review of an adverse CCRC decision relating to a ‘joint enterprise’ case. Pete also recently appeared in the Supreme Court in a case involving interest accruing on unpaid confiscation orders.

Pete has a High Court criminal practice including appeals by way of case stated and judicial review.

Public law

Pete specialises in bringing judicial reviews in all of his practice areas, particularly prison law, inquests, public inquiries and crime. His judicial review practice has included appeals to the Court of Appeal and Supreme Court, and applications to the European Court of human Rights, including the Grand Chamber.

International

Pete has appeared and advised in a number of criminal, prison and human rights cases in Mauritius, and is currently pursuing a case to the UN Human Rights Committee challenging the Mauritius biometric ID card system, under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). Pete has worked in association with the Chambers of Sanjeev Teeluckdharry in Port Louis, Mauritius and in particular Erickson Mooneapillay of counsel.

Pete has also appeared or advised in matters relating to Bulgaria, Japan, Spain, and the Maldives.

Pete is on the Executive of the Bar Human Rights Committee, which undertakes international pro bono human rights work primarily with respect to the rule of law and the protection of judges, lawyers, human rights defenders and journalists. Pete has been particularly involved with BHRC projects regarding Turkey, Kuwait and Bahrain and has published a number of reports through the BHRC website: http://www.barhumanrights.org.uk, and articles in the wider media. Pete has also undertaken pro bono work relating to the US, Kashmir, the UAE, and elsewhere.

International criminal & humanitarian law

Pete has appeared and advised in a number of criminal, prison and human rights cases in Mauritius, and is currently pursuing a case to the UN Human Rights Committee challenging the Mauritius biometric ID card system, under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). Pete has worked in association with the Chambers of Sanjeev Teeluckdharry in Port Louis, Mauritius and in particular Erickson Mooneapillay of counsel.

Pete has also appeared or advised in matters relating to Bulgaria, Japan, Spain, and the Maldives.

Pete is on the Executive of the Bar Human Rights Committee, which undertakes international pro bono human rights work primarily with respect to the rule of law and the protection of judges, lawyers, human rights defenders and journalists. Pete has been particularly involved with BHRC projects regarding Turkey, Kuwait and Bahrain and has published a number of reports through the BHRC website: http://www.barhumanrights.org.uk, and articles in the wider media. Pete has also undertaken pro bono work relating to the US, Kashmir, the UAE, and elsewhere.

International human rights law

Pete has appeared and advised in a number of criminal, prison and human rights cases in Mauritius, and is currently pursuing a case to the UN Human Rights Committee challenging the Mauritius biometric ID card system, under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). Pete has worked in association with the Chambers of Sanjeev Teeluckdharry in Port Louis, Mauritius and in particular Erickson Mooneapillay of counsel.

Pete has also appeared or advised in matters relating to Bulgaria, Japan, Spain, and the Maldives.

Pete is on the Executive of the Bar Human Rights Committee, which undertakes international pro bono human rights work primarily with respect to the rule of law and the protection of judges, lawyers, human rights defenders and journalists. Pete has been particularly involved with BHRC projects regarding Turkey, Kuwait and Bahrain and has published a number of reports through the BHRC website: http://www.barhumanrights.org.uk, and articles in the wider media. Pete has also undertaken pro bono work relating to the US, Kashmir, the UAE, and elsewhere.

Civil actions against the police & public authorities

Pete has considerable experience in claims against the Ministry of Justice and the police for false imprisonment, malicious prosecution, misfeasance in public office, assault, negligence and human rights torts. He has particular experience of cases involving civil liberties, prison, political, extradition, ‘terrorism’, mental health, disaster and human rights issues.

Pete has undertaken a series of judicial reviews and civil actions, instructed by Trade Unions, relating to the retention of DNA, fingerprints, photographs and PNC records of wrongly arrested suspects; often teachers and fire fighters against whom workplace allegations are made.

Prison law

Pete has regularly dealt with judicial review claims regarding release dates, parole, adjudications, and prison conditions. He has represented claimants in a number of leading release-date, false imprisonment, adjudication and IPP cases. He also undertakes civil actions against the Ministry of Justice, amongst other actions, for breach of Article (A) 5, assault, negligence and misfeasance. Pete also does some first instance prison work including complex parole cases. He has appeared at all levels in prison law: Adjudications, parole panels, High Court, Court of Appeal, House of Lords and Supreme Court, and the European Court of Human Rights and Grand Chamber (GC). Pete has appeared in three leading prison cases in Strasbourg: Ezeh and Connors v UK [2004] 39 EHRR 1 (GC held that having Governors as adjudication judges was a breach of A6 where additional detention was a possibility), James v UK [2013] 56 EHRR 12 (ruled that IPP sentences were a breach of A5 where prisoners could not progress), and Vinter, Bamber and Moore v UK [2016] 63 EHRR 1 (GC held that Whole Life tariffs breached A3 unless there was a possibility of release).

Notable cases

• Manchester Arena Bombing Inquests: appearing for bereaved families.
• Jordan Cunliffe v CCRC [2019] EWHC 926 (Admin): judicial review of adverse decision in ‘joint enterprise’ murder case
• Grenfell Fire Inquiry: appeared for 80 victims of the fire during phase one of the Public Inquiry
• R (Gibson) v SSJ [2018] 1 WLR 629: Supreme Court: statutory interpretation: calculation of interest accrued on unpaid Cos.
• Anthony Grainger Inquiry: appeared for the partner of the deceased who was shot dead by police during a botched operation
• Hillsborough disaster judicial review and inquests: Instructed for 22 families;
• R (Kaiyam) v SSJ [2015] 2 WLR 76: SC decision following James v UK re indeterminate sentence prisoners;
• Vinter, Bamber and Moore v UK [2016] 63 EHRR 1: A3 – Whole Life tariffs;
• James v UK [2013] 56 EHRR 12: Grand Chamber – IPP prisoners;
• Mullings-Sewell: Inquest into the killing of two children by mother whilst in psychotic state;
• Elam, R (on the application of) v Secretary of State for Justice [2012] 1 WLR 2722: Sentence calculation – licence expiry dates;
• Richardson v The Chief Constable of West Midlands Police [2011] 2 CrAppR 1; Times Law Reports 11/4/11: Requirement of necessity for arrest;
• R (Radislav Krstic) v Secretary of State for Justice [2010] EWHC 2125 (Admin): Refusal to re-categorise Category A prisoner convicted of crimes against humanity, quashed;
• R (Noone) v (1) the Governor of HMP Drake Hall, (2) Secretary of State for Justice [2010] 1 WLR 1743: Prisoner release date calculations – statutory interpretation;
• R (JF and Thompson) v Secretary of State for the Home Department [2011] 1 AC 331: Declaration of Incompatibility – Sex Offender Notification and A8;
• The Public Inquiry into the death of Bernard “Sonny” Lodge at HMP Manchester in 1998;
• Inquest into the death of Jessie James; (15 yo shot dead in a Manchester park as a result of mistaken identity)
• Round and Dunn v R [2010] 2 CrAppR(S) 45: Consecutive sentences and HDC;
• R (John O’Sullivan) v Parole Board [2009] EWHC 2730 (Admin): Parole Board decision quashed for lack of reasons and irrationality;
• R (James) Secretary of State for Justice [2010] 1 AC 553: IPP appeals – HoL;
• Shields, R (on the application of) v Secretary of State for Justice [2010] QB 150; The Times January 14, 2009: Power to pardon – Convention on the Transfer of Sentenced Persons 1983;
• R (on the application of Paul Lowe) v the Governor of HMP Liverpool [2008] EWHC 2167 (Admin): No re-categorisation without significant change in risk; PSO 0900;
• Melissa Piggott v DPP [2008] RTR 16: “Reasonable excuse” for driver’s failure to provide specimen;
• R v Caines and R v Roberts [2007] 1 WLR 1109, The Times 7/12/06: Reward for progress in prison;
• R (Lunn) v Governor of HMP Moorland [2006] 1 WLR 2870, CLW 06/06/15, The Times 27/6/06: “Unlawfully at large” ruling overturned;
• Rose v Director of Public Prosecution [2006] 1 WLR 2626, CLW06/15/08, The Times 12/04/2006: Outraging public decency, appeal against conviction quashed;
• R (R) v Manchester City Youth Court (2006) CrimLR 849; CLW06/15/15: Mode of Trial – clarification of section 25 Magistrates Court Act 1980 – JR;
• Sierny v DPP [2006] EWHC 716 (Admin) CLW 06/14/08: Appeal against conviction, ASBO, vague grounds;
• Ezeh and Connors v UK [2004] 39 EHRR 1: Article 6 prison adjudications;
• R (on the application of Middleton) v Sec of State Home Dept [2004] 2 AC 182: Leading case on application of Article 2 to Inquest proceedings and the ambit of conclusions;
• R v Stocker [2003] 2 CrAppR(S) 54, CA, and R v Bingham [2004]: Cases on the relationship between remand time, administrative recall and Section 116 orders;
• R v Shane Smith CA 24/03/03: CCRC referral case – appeal allowed, conviction quashed;
• R v Robert Brown CA 13/11/02: Conviction quashed having served 26 years of a life sentence;
• R v Brockhill Prison, ex parte Evans (No 2) [2001] 2 AC 19: Leading false imprisonment case; and
• R v Gov of Brockhill Prison, ex parte Evans (No1) [1997] 2 WLR 236: Calculation of remand time.

Publications and media appearances

• 28/06/17 Hillsborough (5 Live drive)29/06/17 Grenfell tower (The Justice Gap);
• 30/06/17 Grenfell inquiry could be ‘too narrow’, Jeremy Corbyn warns (The Guardian);
• 28/06/17 Grenfell tower inquiry (The Independent);
• 28/06/17 Hillsborough (BBC news);
• 28/06/17 Hillsborough (BBC Radio Merseyside);
• 16/06/17 Grenfell tower disaster (BBC Radio Wales);
• 16/06/17 Grenfell tower disaster (BBC Radio Scotland);
• 16/06/17 Grenfell tower disaster (BBC Radio Five Live);
• 16/06/17 Hillsborough Law needed (Liverpool Echo);
• 16/06/17 Grenfell scandal (The Canary);
• 08/09/16 Hillsborough Law launched (The Guardian);
• 19/12/12 – New DPP guidelines on social media prosecutions (BBC Radio 5 Live);
• 28/10/12 – Hillsborough: prospect of criminal prosecutions (BBC Sunday Politics Show);
• 13/10/12 – Hillsborough IPCC inquiry (BBC Breakfast News);
• 25/9/12 – Did the Queen breach convention by lobbying over Abu Hamza (quoted in The Guardian);
• 18/9/12 – ECHR rules IPP sentences breach human rights Art 5(1) (BBC Radio 4, BBC Radio 5 live);
• 13/9/12 – Hillsborough report and “institutional defensiveness” (BBC Radio 5 live, BBC Radio Wales);
• 30/8/12 – Marikana South African miners murder charges – BBC Newsround;
• 16/8/12 – Assange diplomatic standoff – BBC Radio Manchester;
• 22/6/12 – Talha Ahsan extradition;
• 18/4/12 – Brighton Conference on ECHR reform – BBC Radio 5 Live;
• 18/4/12 – Abu Qatada deportation and “extraordinary rendition” – BBC News;
• 10/4/12 – Abu Hamza extradition – BBC Breakfast News, BBC News 24, BBC Radio 5 Live, BBC Wales;
• 18/1/12 – Partial defence to murder of “loss of control” – BBC Radio Manchester;
• 21/11/11 – Will Assange decision open doors for extradition challenges? – Lexis Nexis Current Awareness;
• 31/5/11 – Excessive Retention of DNA Profiles Violates Privacy – Lexis Nexis Current Awareness;
• 3/5/11 – Prisoners Advice Service celebrates 20th anniversary – The Guardian (Pete Weatherby quoted in relation to the case of Manrai);
• 3/2/11 – Right to Challenge Registration – Lexis Nexis Current Awareness;
• 30/11/10 – Peter Sutcliffe case and “whole-life tariff” challenges – interview for Real Radio;
• 25/11/10 – Prisoner voting – parameters of reform remain unclear – Lexis Nexis Current Awareness;
• 9/9/10 – Compensation Scheme for Miscarriage Victims Should Be More Flexible – LexisWeb.co.uk;
• 23/9/09 – Human rights issues surrounding assisted suicide – BBC Radio Manchester;
• 9/9/09 – Interviews following release of Michael Shields – BBC Radio 5 live; BBC News at Ten; Channel 4 News;
• 16/8/09 – Right to review of being enforced to remain on sex offenders register for life – Lexis Nexis Butterworths News;
• 15/2/09 – Analysis of High Court ruling on definition of hunting – BBC Radio 4 Farming Today;
• 14/11/08 – Hunting with dogs; is the act flawed – BBC Radio 4 Farming Today;
• 8/7/08 – Criminal Evidence (Witness Anonymity) Bill – Century Radio;
• 25/4/08 – Documentary on Michael Shields – BBC Inside Out;
• 26/2/08 – Legal context on Levi Bellfield (double murderer refuses to appear in dock for sentencing) – BBC Radio 5 Live;
• 3/2/08 – Criticism of inquest jury ban proposals and the use of secret evidence and ‘special’ judges – BBC Radio 4 World This Weekend;
• 10/10/07 – Right to forcibly detain TB patients – BBC Radio Manchester;
• 17/7/07 – Barristers modernising their dress; opinion on wigs – Lexis Nexis News; and
• 27/9/06 – European Court of Human Rights ruling on motorists’ caught on speeding camera right to silence – BBC Radio Manchester.

Memberships

• Member of the Executive of the Bar Human Rights Committee;
• Liberty; and
• Inquest Lawyers Group.
• Trustee of INQUEST

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