Aidan O'Neill

Last updated

Aidan O'Neill
KC
Personal details
Born1961 (age 6263)
NationalityScottish
Alma mater University of Edinburgh
Occupation Advocate & Barrister
Website https://www.matrixlaw.co.uk/member/aidan-oneill/ https://ampersandadvocates.com/people/aidan-oneill-qc/

Aidan O'Neill KC (born 1961) is a Scottish advocate, barrister, and King's Counsel.

Contents

He has pleaded almost thirty times before the Supreme Court of the United Kingdom and House of Lords, as well before the Court of Justice of the European Union and the European Court of Human Rights. [1]

He appeared for Joanna Cherry MP before the Supreme Court of the United Kingdom in the September 2019 case relating to the prorogation of Parliament. [2]

Career

O'Neill read Law from 1978 to 1982, obtaining a First Class LL.B. (Hons.) degree from the University of Edinburgh. He then studied a Diploma in Legal Practice also at Edinburgh from 1982 to 1983. [1]

He studied at the University of Sydney from 1983 to 1985, obtaining a First Class LL.M. (Hons.) degree where he wrote his thesis on “The Foundations and Structures of Legal Reasoning: an investigation into the role and scope of practical reasoning in our understanding of the law”. [1]

O'Neill was called to the Faculty of Advocates in July 1987. [1] In July 1999 he was appointed Queen's Counsel (QC) in Scotland. [1]

He obtained a further LL.M. degree from the European University Institute after studying there between 1991 and 1992. His degree was in Comparative, International and European law and he produced a thesis titled “The Government of Judges: a study in judicial politics and the rule of law”. [1]

O'Neill holds rare “double silk” status, having become a Scottish QC in 1999, [3] and more recently taking silk in England and Wales in 2017. [3] [1] [4]

From 1997 to 1999 O'Neill was Standing Junior Counsel to the Scottish Office Education and Industry Department. [1]

He is a member of Ampersand Advocates in Scotland. [5] He joined his present London chambers, Matrix Chambers of Gray's Inn, London in 2000, and became a member in 2010. [1]

He was awarded a doctoral degree (LL.D) from the University of Edinburgh in 2012 on the basis of his work's academic merits, independent scholarship and legal substance of published books. [1]

O'Neill was appointed Queen's Counsel in England and Wales in February 2017. [1]

He called to the Bar of Ireland in December 2020. [6]

He was appointed by a cross-party group of 75 MPs and peers to contest a case for judicial review against the Government in the Scottish Court of Session. He went on to receive widespread media coverage in September 2019 upon representing the group including Joanna Cherry MP against the government (represented by Advocate General for Scotland, Lord Keen QC) in the case of R (Miller) v Prime Minister; Cherry & Ors v Advocate General for Scotland.

In the case he contested the use of prorogation powers by Prime Minister Boris Johnson. [2] He was cited in media reports as passionately arguing to the justices that the "Mother of parliaments been shut down by the father of lies". [2]

Specialisms

Ampersand Advocates describe O'Neill as having particular experience and expertise in commercial judicial review, environmental/Aarhus law and in employment/equality law. He is also specialist in EU law, in human rights law and in UK constitutional law. [1]

Noted cases

Personal life

O'Neill speaks and writes in French and Italian, and has knowledge of German. [7]

Publications

Books
TitlePublisherYear
Brexit, law and trade: a guide for the perplexed Hart Publishing Due to be published
EU law for UK Lawyers Hart Publishing 2011
Judicial Review in Scotland: a practitioner's guide Hart Publishing 1999
Decisions of the European Court of Justice and their constitutional implications Hart Publishing 1994
Articles
TitlePublicationYear
EU law in the Supreme Court8 UK Supreme Court Yearbook2018
Brexit, Bilateral Investment Treaties and their Enforcement17 ERA Forum (online)2018
EU fundamental rights in a devolved United KingdomChapter 8, Douglas-Scott (ed.)

Research handbook on EU law and human rights (Edward Elgar Publishing, 2017) 186-208

2017
Miller, Brexit and breUK-upCounsel 27-29March 2017
(Dis)Enfranchisement and Free MovementChapter 4 in Koutrakos, Nic Suibhne & Syrpis (eds.) Exceptions from Free Movement Law (Hart Publishing, 2016) 53-792017
Strategic Litigation before the European courts16 ERA Forum 495-5092015
The courts, the church and the constitution revisitedChapter 46 in Burrows, Johnston & Zimmermann (eds.) Judge and Jurist: essays in memory of Lord Rodger of Earlsferry (OUP, 2013) 637-6532013
The sovereignty of the (Scottish) people: 1689 and all that18 Judicial Review 446-4632013
Back to the future? Judges, politicians and the constitution in the new Scotland18 Judicial Review 45-712013
EU law and Fundamental RightsJudicial Review 216-2472011
The curtailment of criminal appeals to London15 Edinburgh Law Review 88-922011
Prosecuting Crimes Against Peace Before the Scottish CourtsJohnson & Zelter (eds.) Trident and international law: Scotland's obligations (Edinburgh: Luath Press, 2011) 177-2012011
Human rights and people and societyChapter 2 in Sutherland, Goodall, Little & Davidson (eds.) The Scottish Parliament: The Early Years (Edinburgh University Press: 2010) 35-572009
Limited Government, Fundamental Rights and the Scottish Constitutional TraditionJuridical Review 85-1282009
Constitutional Judicial Review in Scotland – some recent developments14 Judicial Review 267-2902011
Roman Catholicism and the temptation of shari’a15 Common Knowledge (Duke University Press) 269-3152009

Awards

AwardOrganisationYearResult
EU law silk of the yearLegal 5002015Won
Silk of the yearScottish Legal Awards2017Won
Silk of the yearScottish Legal Awards2018Won

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References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 "Aidan O'Neill QC". Ampersand Advocates. Retrieved 18 September 2019.
  2. 1 2 3 "'Mother of parliaments been shut down by the father of lies', court told in case against prorogation". ITV News. 18 September 2019. Retrieved 18 September 2019.
  3. 1 2 "Scottish silk honoured in English QC cermenony[sic]". HeraldScotland. 15 February 2017. Retrieved 20 September 2019.
  4. Robertson, John (1 December 2017). "Well done, Aidan and Usman". www.advocates.org.uk. Faculty of Advocates. Retrieved 23 September 2019.
  5. "Aidan O'Neill QC". Ampersand Advocates. Retrieved 23 February 2021.
  6. "Ampersand's Aidan O'Neill QC calls to Irish Bar". Ampersand Advocates. 17 December 2020. Retrieved 23 February 2021.
  7. "Aidan O'Neill QC (Scot) QC". Matrix Chambers. Retrieved 18 September 2019.