Introduction

Olivia Beach primarily practises in all areas of public and human rights law. Alongside this, Olivia also practises in public inquries, immigration, crime, housing, actions against the police, and is working on developing an international dimension into her practice.

Public & Human Rights

Olivia is regularly instructed in judicial review matters in a wide range of areas of law including migrant rights, modern slavery, homelessness, prison and parole board matters, and community care law. She has appeared both led and unled in the High Court and has worked across all stages of judicial review proceedings. Olivia has experience in applications for interim relief and advising on procedural issues, in particular on the issue of costs and drafting written submissions on costs.

Olivia is keen to continue developing her practice in this area, with a particular interest in judicial reviews relating to support of victims of trafficking and unlawful detention.

She has been praised by instructing solicitors for her “clarity of advice, great attention to details, thorough case preparation and for her ability to work effectively, particularly when it comes to our most sensitive and complex public law challenges”.

Some recent examples of notable cases Olivia has been instructed in are the following:

• R (Dominic McKilligan) v Parole Board [2024] EWHC 336 (Admin) - Olivia represented the Claimant in this successful judicial review, challenging the Parole Board's decision not to direct an oral hearing. Principally, it was found that the Parole Board had failed to properly consider and apply the case of Osborn, fairness required an oral hearing in the Claimant's case, and that the dossier used to inform the Parole Board's decision had contained reports when witnesses unlawfully could not recommend release, in breach of Bailey and Morris.

• R (NS) v Secretary of State for the Home Department [2023] EWHC 2675 (Admin) - Led by Chris Buttler KC from Matrix Chambers, Olivia acted for the Claimant in this case and succeeded in an asylum support judicial review with The Honourable Mr Justice Saini finding that the SSHD made two decisions regarding the accommodation of a vulnerable asylum seeker, NS, away from his support network, unlawfully, and made a declaration to that effect. Strong criticisms were made of the SSHD's failure to file evidence and the SSHD was required to pay the Claimant's costs on an indemnity basis.

• R (Davidson) v Cambridge City Council [2023] EWHC 1022 (KB) - Olivia was successful in obtaining interim relief and permission to apply for judicial review in a case concerning a vulnerable client with complex mental health needs, who had made several suicide attempts as a result of the his temporary accommodation provided under Section 188 Housing Act 1996 being unsuitable. The Defendant was required to provide alternative suitable temporary accommodation in accordance with s.188 Housing Act 1996 within 24 hours in the Cambridge area.

• R (Parul) v Secretary of State for the Home Department [2022] EWHC 2143 (Admin) – During her second-six, Olivia acted for the successful claimant in challenging the Secretary of State’s failure to provide accommodation under Section 4(2) Immigration and Asylum Act 1999 within a reasonable period. The Secretary of State’s failure was found to be in breach of the Section 4(2) duty and unlawful. Notably, important guidance was also set out as to the evidence the Court would expect to see from the Secretary of State in similar cases.

• R (PBO) v Secretary for the Home Department & Secretary of State for Defence (CA-2022-002307) - Olivia Beach, led by Sonali Naik KC, was granted permission to appeal by the Court of Appeal on the issue of delay in considering an Afghan client’s application under the ARAP policy. The matter settled before it could be heard again in the High Court. 

• R (MR) v London Borough of Camden (AC-2023-LON-003317) – Olivia acted as sole counsel for the claimant, who was 17 year old boy. He was street homeless due to both of his parents passing away when he was young and a breakdown in his relationship with his brother. Olivia secured urgent interim relief within 24 hours, requiring the Local Authority to accommodate, and during the course of proceedings, the Defendant agreed to provide support to Olivia's client under Section 20 Children Act 1989.

• Johnson v Peterborough City Council (HHJ Walden-Smith, 9 January 2024) - Olivia represented the Appellant in this successful statutory appeal pursuant to s.204A Housing Act 1996, seeking accommodation pending the Appellant's s.204 appeal. In a rare situation where a s.204A appeal was successful, Olivia successfully argued that the Council's decision was unlawful on two grounds; 1) the Council had failed to properly consider the Appellant's circumstances and 2) the Council had failed to consider relevant information, specifically that the Appellant had spent 4 days street homeless prior to the Council making the impugned decision. 

Inquiries & Inquests

More recently, Olivia has begun accepting instructions in respect of inquries and inquests. In particular, Olivia has been instructed in the Andrew Malkinson Inquiry, acting for the Inquiry, chaired by Her Honour Judge Sarah Munro KC. 

Olivia is keen to develop her practice to encompass inquest work given her background and experience in criminal matters, with a particular interest in representing families at inquest hearings. 

International Human Rights

Alongside her domestic practise, Olivia continues to develop her international practice. She has been involved with several international human rights cases.

She was part of the team that worked on the case of a British-Iranian person who was formerly detained in Iran unlawfully. Her role involved reviewing documents and assisting with drafting. In addition, Olivia assisted Sandip Patel KC in carrying out a review and advising on the draft British Virgin Islands Criminal Procedure Rules prepared by the British Virgin Islands Director of Public Prosecutions. 

Immigration 

Olivia is instructed in various immigration matters, including deportation cases and asylum appeals. She also dedicates the majority of her pro bono work to this area. She has provided advice on immigration cases through Advocate, works with the charity West London Welcome to provide legal advice to asylum seekers on a regular basis, is involved in a project with Lawyers Against Poverty on refugee rights, and provides pro bono advice to Kent Refugee Action Network.

Crime 

Olivia has regularly been instructed to appear in the Magistrates Court, Youth Court and Crown Court. Olivia has a particular interest criminal matters that overlap with human rights issues, such as protest cases, and has recently represented an Extinction Rebellion protestor, securing a conditional discharge for her client. Some examples of recent instructions include junior counsel on a five-handed fraud prosecution, representing a vulnerable young man in a complex Crown Court appeal involving issues of transferred malice, and representing a man charged with impersonating a police officer and stalking Sir Gavin Williamson MP. In this case, Olivia succeeded on a submission of no case to answer in respect of the impersonating police officer charge, and the case was covered in the BBC and The Times.  

Prior to the Bar

Prior to coming to the Bar, Olivia worked as a community care and public law paralegal at Lawstop, working on over 40 judicial reviews for claimants largely concerned with the Immigration and Asylum Act 1999 and the Care Act 2014. Olivia also runs her own voluntary organisation, PLOD Foundation, which provides assistance to the homeless, refugees, asylum seekers and bereaved children. She has previously volunteered with organisations including The Intervene Project and AMICUS ALJ.

Education

LLM, University of Law (Distinction)
BPC, University of Law (Very Competent)
GDL, BPP University (Commendation)
BSc (Hons) Politics with Economics, University of Bath (2:1)

Awards & Prizes

Ann Goddard Pupillage Scholarship, Gray’s Inn, 2022
Marion Simmons BPC Scholarship, Gray’s Inn, 2020
Career Changers Scholarship, University of Law, 2020
Nina Lowry GDL Scholarship, Gray’s Inn, 2019

Winner of the University of Law Bader Ginsburg Moot, 2021
Semi-Finalist of the Gray’s Inn Annual Moot, 2021
Semi-Finalist of the Human Rights Lawyers Association Judicial Review Moot, 2020

Memberships

Human Rights Lawyers Association
Administrive Law Bar Association
Immigration Law Practitioners Association
Young Legal Aid Lawyers
JUSTICE
Amicus ALJ