Rayan Fakhoury

Successfully represented the claimant asylum-seekers in a judicial review challenging the Secretary of State’s decisions to remove the individual claimants to Rwanda pursuant to her policy of removing asylum seekers from the UK to Rwanda, as well as the lawfulness of the Rwanda removal policy itself (led by Raza Husain KC and others).

The individual removal and human rights decisions were quashed by the High Court on 19 December 2022. On 29 June 2023, the Court of Appeal allowed the Claimants’ appeal on the issue of whether Rwanda was a “safe third country” and held that there were substantial grounds for believing that asylum-seekers removed to Rwanda would be at real risk of torture or inhuman or degrading treatment contrary to Article 3 of the European Convention on Human Rights. On 15 November 2023, the Supreme Court dismissed the Secretary of State's appeal and held, in agreement with the Court of Appeal, that there were substantial grounds for believing that asylum-seekers removed to Rwanda would be at real risk of torture or inhuman or degrading treatment.

Representing the Secretary of State for Foreign, Commonwealth and Development Affairs in the Supreme Court in the first challenge to a sanctions designation made under the post-Brexit Russia sanctions regime (with Sir James Eadie KC and Jason Pobjoy).

Acting for the Claimant in a challenge to the Secretary of State's decision to continue granting arms export licences to Israel in the context of the ongoing war in Gaza, on the grounds that (inter alia) the Secretary of State's conclusion that there was not a clear risk that arms would be used to commit or facilitate serious violations of international humanitarian law was irrational.

Successfully represented the Appellant (unled) in proceedings before the Upper Tribunal (Mr Justice Julian Knowles and Upper Tribunal Lindsley) in relation to appeals against (i) a decision to deport the Appellant under the EEA Regulations, (ii) a decision to refuse his human rights claim, and (iii) a decision to refuse his application for EU settled status.

Acting for the Intervener (JUSTICE) in proceedings before the Supreme Court and the Court of Appeal concerning the nature and scope of the Special Immigration Appeals Commission's jurisdiction in appeals of citizenship deprivation decisions taken on national security grounds following the Supreme Court's judgment in Begum v Secretary of State for the Home Department [2021] UKSC 7 (with Tom Hickman KC and George Molyneaux).

Successfully represented the Appellant in a human rights appeal (and parallel judicial review proceedings) concerning the Home Secretary's decision to cancel her permission to enter on the basis that her presence in the UK is "not conducive to the public good" by virtue of statements made by her in relation to the situation in Palestine/Israel. The Tribunal held that the decision represents an unlawful interference with her right to freedom of expression and the legitimate expression of support for Palestinians' right to resist occupation in accordance with International Humanitarian Law.

Acted (unled) for the claimant in judicial review proceedings in the Upper Tribunal challenging the Secretary of State's refusal to grant an application for a student visa on the grounds that the claimant's presence in the UK would not be conducive to the public good. Successfully resulted in the withdrawal of the decision under challenge.

Acting for the Applicant Members of Parliament in a case before the European Court of Human Rights concerning the scope of the United Kingdom's obligations under Article 3 of the First Protocol (right to free and fair elections) in respect of allegations of foreign electoral interference (with Ben Jaffey KC, Jason Pobjoy, Natasha Simonsen and Tom Lowenthal).

Acting for the Secretary of State for Foreign, Commonwealth and Development Affairs in a claim brought by a Russian former Formula 1 driver challenging his sanctions designation (with Sir James Eadie KC, Jason Pobjoy and Femi Adekoya).

Acting for ClientEarth in a judicial review of the Financial Conduct Authority's decision to approve the prospectus of Ithaca plc (an oil and gas company) as a precondition to its admission to the official list and the offer of its securities to the public (with Andrew George KC and Harry Adamson). The claim raises significant issues of law of wider public importance concerning the disclosure of information relating to an issuer's exposure to climate-related financial risks.

Acting for the claimant in a judicial review of a decision of the Financial Ombudsman Service (with Ben Jaffey QC).

Successfully represented several Afghan claimants (unled) in pre-action challenges to the refusal of their applications for relocation under the Afghan Relocations and Assistance Policy (ARAP), resulting in fresh decisions to relocate them to the UK.

Successfully represented the Cabinet Office in this claim before the First-tier Tribunal concerning the disclosure of information relating to the Advisory Committee on Business Appointments (with Jason Pobjoy).

Successfully obtained a Rule 39 interim measure from the European Court of Human Rights preventing the removal of an asylum-seeker to Rwanda pending the final determination of his claim for judicial review (with Jason Pobjoy and Will Bordell). 

Advising a foreign client in relation to the extraterritorial application of EU and UK data protection legislation.

Advising a public authority in relation to potential litigation concerning the right to peaceful enjoyment of possessions under Article 1, Protocol 1 of the European Convention on Human Rights. 

Advising in relation to several applications under the Afghan Relocations and Assistance Programme following the collapse of the Islamic Republic of Afghanistan.

Advising a public authority in relation to a potential application for an urgent injunction in the High Court.

Advising on the operation of data protection and privacy law in the context of scientific research. 

Claim for judicial review raising issues concerning the justiciability of the Prime Minister's interpretation and application of the Ministerial Code (assisting Jason Pobjoy).

Joined Supreme Court appeals concerning the retrospective reach of investigative obligations under the Human Rights Act 1998 in relation to allegations of torture and unlawful killing arising from the Troubles in Northern Ireland (assisting Jason Pobjoy).

Claim for judicial review in relation to Ofcom's decision to revoke the claimant's broadcasting licence on the grounds that it was controlled by a body whose objects are wholly or mainly of a political nature (assisting Jason Pobjoy).

Claim for judicial review raising issues concerning the scope of the Secretary of State's obligations under the International Development Act 2002 (assisting Hanif Musa).

Advising on public and EU law issues arising in complex High Court group litigation involving allegations of unfair trading, breach of statutory duty, and deceit (assisting Jason Pobjoy).

Claim for judicial review challenging the Secretary of State's decision to terminate the claimant's membership of the Parole Board on grounds of gross negligence (assisting Jason Pobjoy).

Application before the European Court of Human Rights concerning the compatibility of absolute parliamentary privilege with the right to a fair trial under Article 6 ECHR (assisting Jason Pobjoy).

Written submissions on the principles applicable to contempt proceedings arising in a public law context (assisting Jason Pobjoy).

Advising on the lawfulness of a sanctions designation made under the Sanctions and Anti-Money Laundering Act 2018 (assisting Jason Pobjoy).

Advising on the operation of parliamentary privilege and its compatibility with the right of access to a court under Article 6 ECHR, as well as avenues for future reform (assisting Jason Pobjoy).

Advising on the principles applicable to the withholding of relevant information from a freedom of information response on the grounds that disclosure would cause prejudice to the effective conduct of public affairs (assisting Jason Pobjoy).

Acting for the First and Second Defendants in a civil fraud claim brought by the Kuwaiti Public Institution for Social Security alleged to be worth in excess of US$850 million (with Tom Weisselberg KC and Harry Adamson).

Successfully represented Ed Sheeran, Steve McCutcheon, Johnny McDaid and the publishers of the song "Shape of You". The High Court granted a declaration that the Claimants had not infringed any copyrights of the Defendants in writing and exploiting that song and dismissed the Defendants' counterclaim (with Ian Mill QC). 

Acting for the Volkswagen Defendants in the NOx Emissions Group Litigation in the High Court, involving extremely complex and high-value claims in relation to the manufacture and sale of diesel vehicles.

Acting for the Financial Conduct Authority in High Court litigation involving allegations of market abuse. The claim also raises significant issues of principle in relation to the use of evidence obtained through international mutual legal assistance requests (with Andrew George QC). 

Acting for the Financial Conduct Authority in proceedings before the Upper Tribunal concerning allegations of a lack of integrity in relation to the creation and dissemination of a presentation which contained manipulative trading strategies aimed at creating a false or misleading impression as to the market in, or the price of, Qatari bonds, with a view to harming the economy of Qatar.

Representing Scania in relation to UK litigation arising from the Commission's decisions relating to the alleged trucks cartel, encompassing High Court and CAT proceedings (with Brian Kennelly QC, Jason Pobjoy, and Andrew Trotter).

Acting (unled) for the claimant in a commercial dispute relating to a number of music licensing agreements.

Acting for the Financial Conduct Authority in proceedings against Carillion plc and three of its former directors in relation to allegations of market manipulation (with Javan Herberg KC and Ajay Ratan).

Advising on the legal and commercial implications in the UK of a foreign sanctions designation.

Represented the Claimants (unled) in High Court proceedings involving allegations of trademark infringement and passing off. Successful application for default judgment raising issues of jurisdiction and service under the Companies Act 2006.

Advising a music publisher in relation to a music licensing dispute.

Acted (unled) for the defendant music publisher in a claim in the Intellectual Property and Enterprise Court alleging copyright infringement in respect of a musical work. Successfully applied for the claim to be struck out.

Obtained undertakings in lieu of an injunction from the defendant in High Court proceedings in relation to allegations of misuse of confidential information and harassment. 

Advising an independent artist in relation to a dispute with their music publisher.

Advising in relation to a dispute concerning television format rights and alleged breach of confidence.

Acted for the BBC in a claim alleging various breaches of duty in respect of the claimant's TV licence.

High Court employee competition claim involving allegations of misuse of confidential information and unlawful means conspiracy (assisting Diya Sen Gupta QC).

Acting for the claimant in this High Court claim for breach of contract, breach of fiduciary duty, and unlawful means conspiracy in relation to an allegedly fraudulent scheme involving an investment fund manager (assisting Victoria Windle).

Advising on a potential claim for an injunction and damages for breach of confidence and misuse of trade secrets by a former employee (assisting Victoria Windle).

High Court claim for breach of contract and misrepresentation involving an application for mutual legal assistance for the purposes of taking evidence abroad in the context of the Covid-19 pandemic (assisting Victoria Windle).

High Court claim for breach of contract and unjust enrichment in relation to the supply of personal protective equipment in the course of the Covid-19 pandemic (assisting Victoria Windle).

High Court jurisdictional challenge on forum non conveniens grounds in a claim involving allegations of civil fraud in connection with a number of transactions in Russia (assisting Victoria Windle).

High Court jurisdictional challenge under the Recast Brussels Regulation in a claim for breach of fiduciary duty, dishonest assistance, and unlawful means conspiracy (assisting Victoria Windle).

Successfully represented the claimant asylum-seekers in a judicial review challenging the Secretary of State’s decisions to remove the individual claimants to Rwanda pursuant to her policy of removing asylum seekers from the UK to Rwanda, as well as the lawfulness of the Rwanda removal policy itself (led by Raza Husain KC and others).

The individual removal and human rights decisions were quashed by the High Court on 19 December 2022. On 29 June 2023, the Court of Appeal allowed the Claimants’ appeal on the issue of whether Rwanda was a “safe third country” and held that there were substantial grounds for believing that asylum-seekers removed to Rwanda would be at real risk of torture or inhuman or degrading treatment contrary to Article 3 of the European Convention on Human Rights. On 15 November 2023, the Supreme Court dismissed the Secretary of State's appeal and held, in agreement with the Court of Appeal, that there were substantial grounds for believing that asylum-seekers removed to Rwanda would be at real risk of torture or inhuman or degrading treatment.

Acting for the Intervener (JUSTICE) in proceedings before the Supreme Court and the Court of Appeal concerning the nature and scope of the Special Immigration Appeals Commission's jurisdiction in appeals of citizenship deprivation decisions taken on national security grounds following the Supreme Court's judgment in Begum v Secretary of State for the Home Department [2021] UKSC 7 (with Tom Hickman KC and George Molyneaux).

Successfully represented the Appellant in a human rights appeal (and parallel judicial review proceedings) concerning the Home Secretary's decision to cancel her permission to enter on the basis that her presence in the UK is "not conducive to the public good" by virtue of statements made by her in relation to the situation in Palestine/Israel. The Tribunal held that the decision represents an unlawful interference with her right to freedom of expression and the legitimate expression of support for Palestinians' right to resist occupation in accordance with International Humanitarian Law.

Successfully represented the Appellant (unled) in proceedings before the Upper Tribunal (Mr Justice Julian Knowles and Upper Tribunal Lindsley) in relation to appeals against (i) a decision to deport the Appellant under the EEA Regulations, (ii) a decision to refuse his human rights claim, and (iii) a decision to refuse his application for EU settled status.

Successfully obtained a Rule 39 interim measure from the European Court of Human Rights preventing the removal of an asylum-seeker to Rwanda pending the final determination of his claim for judicial review (with Jason Pobjoy and Will Bordell). 

Acting for the Applicant Members of Parliament in a case before the European Court of Human Rights concerning the scope of the United Kingdom's obligations under Article 3 of the First Protocol (right to free and fair elections) in respect of allegations of foreign electoral interference (with Ben Jaffey KC, Jason Pobjoy, Natasha Simonsen and Tom Lowenthal).

Acted (unled) for the claimant in judicial review proceedings in the Upper Tribunal challenging the Secretary of State's refusal to grant an application for a student visa on the grounds that the claimant's presence in the UK would not be conducive to the public good. Successfully resulted in the withdrawal of the decision under challenge.

Advising a human rights organisation in relation to potential litigation concerning persons allegedly implicated in torture and war crimes. 

Advising on the international law of freedom of expression in relation to constitutional litigation in a foreign country concerning the obligations of social media companies in conditions of civil unrest and instability.

Advising a public authority in relation to potential litigation concerning the right to peaceful enjoyment of possessions under Article 1, Protocol 1 of the European Convention on Human Rights. 

Advising in relation to several applications under the Afghan Relocations and Assistance Programme following the collapse of the Islamic Republic of Afghanistan.

Successfully represented a claimant at pre-action stage in relation to a claim against a public authority for breach of the claimant's Article 10 rights to freedom of expression as well as discrimination on grounds of philosophical belief, resulting in the revocation of the decision. 

Joined Supreme Court appeals concerning the retrospective reach of investigative obligations under the Human Rights Act 1998 in relation to allegations of torture and unlawful killing arising from the Troubles in Northern Ireland (assisting Jason Pobjoy).

Application before the European Court of Human Rights concerning the compatibility of the UK litigation costs regime with the right to freedom of expression under Article 10 ECHR (assisting Jason Pobjoy)

Application before the European Court of Human Rights concerning the compatibility of the UK criminal sentencing regime, and in particular the scheme underpinning extended determinate sentences, with Articles 5 and 14 ECHR (assisting Jason Pobjoy).

Application before the European Court of Human Rights concerning the compatibility of absolute parliamentary privilege with the right to a fair trial under Article 6 ECHR (assisting Jason Pobjoy).

Advising an international human rights organisation on the potential sanctions implications of an award of compensation granted by the European Court of Human Rights in relation to allegations of unlawful rendition and torture (assisting Jason Pobjoy).

Advising an NGO on a university's obligations in relation to freedom of expression in the context of internal disciplinary proceedings (pro bono).

Representing Scania in relation to UK litigation arising from the Commission's decisions relating to the alleged trucks cartel, encompassing High Court and CAT proceedings (with Brian Kennelly QC, Jason Pobjoy, and Andrew Trotter).

Acting for the Volkswagen Defendants in the NOx Emissions Group Litigation in the High Court, involving extremely complex and high-value claims in relation to the manufacture and sale of diesel vehicles.

Acting for the claimants in a claim alleging abuse of a dominant position in respect of a proposed revision to Google's advertising terms and conditions (with Kieron Beal KC and Emily Neill).

Advising on the recoverability of damages under the EU Blocking Statute, an instrument intended to protect EU persons from the extraterritorial effect of sanctions legislation enacted by other states (assisting Jason Pobjoy)

Advising on public and EU law issues arising in complex High Court group litigation involving allegations of unfair trading, breach of statutory duty, and deceit (assisting Jason Pobjoy).

Successfully represented the defendant in a claim for compensation under Regulation (EC) 261/2004. 

Representing the Secretary of State for Foreign, Commonwealth and Development Affairs in the Supreme Court in the first challenge to a sanctions designation made under the post-Brexit Russia sanctions regime (with Sir James Eadie KC and Jason Pobjoy).

Acting for the Secretary of State for Foreign, Commonwealth and Development Affairs in a claim brought by a Russian former Formula 1 driver challenging his sanctions designation (with Sir James Eadie KC, Jason Pobjoy and Femi Adekoya).

Advising a public authority on the implications of the UK Russia sanctions regime for the exercise of its public functions

Advising on the legal and commercial implications in the UK of a foreign sanctions designation.

Advising a human rights organisation in relation to potential litigation concerning persons allegedly implicated in torture and war crimes. 

Advising a company on the implications for its business of recent financial sanctions in relation to Russia. 

Advising on potential litigation in relation to the application of financial sanctions under UK and EU sanctions regimes. 

Advising an international human rights organisation on the potential sanctions implications of an award of compensation granted by the European Court of Human Rights in relation to allegations of unlawful rendition and torture (assisting Jason Pobjoy).

Advising on the operation of the sanctions regime under the Terrorist Asset-Freezing Act 2010, as well as its potential interaction with international humanitarian law (assisting Hanif Musa).

Advising on the lawfulness of a sanctions designation made under the Sanctions and Anti-Money Laundering Act 2018 (assisting Jason Pobjoy).

Advising on the recoverability of damages under the EU Blocking Statute, an instrument intended to protect EU persons from the extraterritorial effect of sanctions legislation enacted by other states (assisting Jason Pobjoy)

Acting for the Claimant in a challenge to the Secretary of State's decision to continue granting arms export licences to Israel in the context of the ongoing war in Gaza, on the grounds that (inter alia) the Secretary of State's conclusion that there was not a clear risk that arms would be used to commit or facilitate serious violations of international humanitarian law was irrational.

Successfully represented the Appellant in a human rights appeal (and parallel judicial review proceedings) concerning the Home Secretary's decision to cancel her permission to enter on the basis that her presence in the UK is "not conducive to the public good" by virtue of statements made by her in relation to the situation in Palestine/Israel. The Tribunal held that the decision represents an unlawful interference with her right to freedom of expression and the legitimate expression of support for Palestinians' right to resist occupation in accordance with International Humanitarian Law.

Successfully obtained a Rule 39 interim measure from the European Court of Human Rights preventing the removal of an asylum-seeker to Rwanda pending the final determination of his claim for judicial review (with Jason Pobjoy and Will Bordell). 

Advising a human rights organisation in relation to potential litigation concerning persons allegedly implicated in torture and war crimes. 

Advising on the international law of freedom of expression in relation to constitutional litigation in a foreign country concerning the obligations of social media companies in conditions of civil unrest and instability.

Advising an international human rights organisation on the potential sanctions implications of an award of compensation granted by the European Court of Human Rights in relation to allegations of unlawful rendition and torture (assisting Jason Pobjoy).

Advising on the operation of the sanctions regime under the Terrorist Asset-Freezing Act 2010, as well as its potential interaction with international humanitarian law (assisting Hanif Musa).

Successfully represented Ed Sheeran, Steve McCutcheon, Johnny McDaid and the publishers of the song "Shape of You". The High Court granted a declaration that the Claimants had not infringed any copyrights of the Defendants in writing and exploiting that song and dismissed the Defendants' counterclaim (with Ian Mill QC). 

Represented one of the Defendants in this High Court claim relating to the management of the 'Sugababes'.

Acted (unled) for the defendant music publisher in a claim in the Intellectual Property and Enterprise Court alleging copyright infringement in respect of a musical work. Successfully applied for the claim to be struck out.

Acting (unled) for the claimant in a commercial dispute relating to a number of music licensing agreements.

Advising a music publisher in relation to a music licensing dispute.

Advising in relation to a dispute concerning television format rights and alleged breach of confidence.

Advising an independent artist in relation to a dispute with their music publisher.

Acted for the BBC in a claim alleging various breaches of duty in respect of the claimant's TV licence.

Advising on ongoing group litigation involving allegations of unlawful phone hacking and misuse of private information (assisting Hanif Musa).

Acting for the Financial Conduct Authority in High Court litigation involving allegations of market abuse. The claim also raises significant issues of principle in relation to the use of evidence obtained through international mutual legal assistance requests (with Andrew George QC). 

Acting for the Financial Conduct Authority in proceedings against Carillion plc and three of its former directors in relation to allegations of market manipulation (with Javan Herberg KC and Ajay Ratan).

Acting for the Financial Conduct Authority in proceedings before the Upper Tribunal concerning allegations of a lack of integrity in relation to the creation and dissemination of a presentation which contained manipulative trading strategies aimed at creating a false or misleading impression as to the market in, or the price of, Qatari bonds, with a view to harming the economy of Qatar.

Acting for ClientEarth in a judicial review of the Financial Conduct Authority's decision to approve the prospectus of Ithaca plc (an oil and gas company) as a precondition to its admission to the official list and the offer of its securities to the public (with Andrew George KC and Harry Adamson). The claim raises significant issues of law of wider public importance concerning the disclosure of information relating to an issuer's exposure to climate-related financial risks.

Acting for a defendant in this High Court claim for fraudulent trading, knowing receipt, and dishonest assistance (assisting Victoria Windle).