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    "He's tenaciously supportive of his clients and astute in the judgements that he gives in his role. He is fearless."

    Chambers and Partners, Mark Hill QC

Mark Hill QC

Year of call: 1987 (QC 2009)

Practice areas: Local Government, Ecclesiastical Law and Religious Liberty, Rating, Public Law, ADR, European Law

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Mark Hill QC

Practice Profile

Mark has more than twenty years experience of common law practice advising and representing clients in a broad range of cases including personal injury, professional negligence, rating, costs, trusts of land, property disputes and village greens. Against this wide background he has developed an expertise in the law of religious liberty and is recognized as the country's leading practitioner in ecclesiastical law. He is an Honorary Professor of Law at Cardiff University and formerly Visiting Fellow at Emmanuel College, Cambridge. Mark is Honorary Professor at the Centre for Law and Religion, Cardiff University; Extraordinary professor at the University of Pretoria; Visiting Professor at the Dickson Poon School of Law at King's College London and Adjunct Professor at Notre Dame University, Sydney and is Ecumenical fellow in Canon Law at the Venerable English College in Rome. He was elected a Bencher of the Honourable Society of the Inner Temple in 2011 and appointed President of the European Consortium for Church and State Research in 2012. He sits as a Recorder on the Midland Circuit in criminal, civil and family cases, is a qualified Mediator was a legal assessor to the Fitness to Practise Panel of the General Medical Council (2008-2015). He regularly publishes and lectures on matters of Church and State and was a contributing editor for Jowitt's Dictionary of English Law (2010).

Ecclesiastical Law
Religious Liberty and Human Rights
Regulatory and Disciplinary
Public Law
Costs
Property and Rating
Mediation

Ecclesiastical law

Mark is the author of Ecclesiastical Law, now in its third edition (2007) and is Consultant Editor of the Ecclesiastical Law Journal. His other publications include English Canon Law (1998) and Faithful Discipleship: Clergy Discipline in Anglican and Roman Catholic Canon Law (2001). He is Chancellor of the Diocese of Chichester, the Diocese of West Yorkshire and the Dales and of the Diocese of Gibraltar in Europe, as well as Deputy Chancellor of the Dioceses of York. He sits on the Legal Advisory Commission of the General Synod of the Church of England and is Convenor of the Interfaith Legal Advisors Network. He is Ecumenical Fellow in Canon Law at the Venerable English College in Rome.

Mark is frequently called upon to advise on all aspects of ecclesiastical law, including the faculty jurisdiction, clergy discipline, faith schools and academies, charity, employment, trusts and property matters. He was retained in the Supreme Court in Preston v President of Methodist Church Conference [2013] UKSC 29. He regularly appears in Consistory Courts and has successfully prosecuted appeals in the Court of Arches in the leading cases of Re Blagdon Cemetery [2002] Fam 299 and Re Holy Trinity, Eccleshall [2010] 3 WLR 1761.

  • Preston v President of Methodist Conference [2013] Supreme Court
  • R (on the application of Sawyer) v Bishop of Chelmsford [2011] Administrative Court
  • Re Holy Trinity, Eccleshall [2010] Court of Arches
  • Parochial Church Council of Aston Cantlow v Wallbank [2007] High Court, Lewison J
  • Parochial Church Council of Aston Cantlow v Wallbank [2004] House of Lords
  • Re Blagdon Cemetery [2002] Court of Arches

In relation to disputes concerning the clergy, Mark has appeared in several clergy discipline cases and maintains a comprehensive online data basis of all first instance decisions in Clergy Discipline Tribunals and appeals. He has also acted in Re Trumpington, one of the rare contested cases of pastoral breakdown under the Incumbents (Vacation of Benefices) Measure 1977.

Mark writes for a variety of Journals in the United Kingdom and abroad and regularly speaks at international conferences. He is the author or editor of a number of books including the following:

  • Ecclesiastical Law Third edition (Oxford University Press, 2007)
  • English Canon Law (University of Wales Press, 1998) Jointly edited with N Doe and R Ombres
  • Faithful Discipleship: Clergy Discipline in Anglican and Roman Catholic Canon Law (Centre for Law and Religion, Cardiff University, 2001)
  • Religious Liberty and Human Rights (University of Wales Press, 2002)
  • Jowitt’s Dictionary of English Law (Third edition, Sweet & Maxwell, 2010), Contributing editor
  • Law and Religion in the United Kingdom (Leuven, 2011) co-authored with R Sandberg and N Doe
  • Religion and Discrimination Law in European Union (Trier, 2012), Editor
  • Islam and English Law (Oxford University Press, 2013), which includes a chapter on faith based arbitration in family disputes co-authored with Baroness Elizabeth Butler-Sloss
  • Magna Carta, Religion and the Rule of Law (Cambridge University Press, 2015) jointly edited with Robin Griffith-Jones
  • The Confluence of Law and Religion (Cambridge University Press, 2016) jointly edited with Russell Sandberg, Frank Cranmer and Celia Kenny
  • Great Christian Jurists in English History (Cambridge University Press, 2016, forthcoming) jointly edited with Professor Richard Helmholz

Religious Liberty and Human Rights

Mark is regularly instructed in cases concerning freedom of religion under Article 9 of the European Convention on Human Rights and discrimination under the Equality Act 2010 and its statutory predecessors. His publications include Religious Liberty and Human Rights (2002), Law and Religion in the United Kingdom (2011) and Religion and Discrimination Law in the European Union (2012). He is recognized in Chambers and Partners Directory as a leading silk in the area of Civil Liberties.

He is an expert in the religion and belief provisions of the European Convention on Human Rights and was retained by a group of interveners in Eweida and others v United Kingdom concerning the weraring of religious symbols in the work place. He is also acting for the applicants in Church of Jesus Christ of Latter-day Saints v United Kingdom, who maintain that the lack of an exemption from business rates for their Temple is discriminatory and a violation of Article.

In the United Kingdom, he acted for the successful appellants in the House of Lords in Parochial Church Council of Aston Cantlow v Wallbank [2004] 1 AC 546, led by Charles George QC which concerned the enforceability of chancel repair liability and the status of the Church of England as a public authority for the purposes of the Human Rights Act 1998. He was also retained for subsequent quantum hearing before Lewison J.

He successfully secured the stay of defamation proceedings concerning the status of a Sikh religious leader on the basis that the doctrinal issues in dispute were not justiciable: His Holiness Sant Baba Jeet Singh Ji Maharaj v Singh [2010] EWHC 1294, Eady J. This decision applied the judgment of Gray J in Blake v Associated Newspapers Limited [2003] EWHC 1960 (QB) in which Mark had appeared as an expert on behalf of the Daily Mail. He acted in the Court of Appeal for the appellants in Shergill v Khaira [2012], and successfully deployed arguments that a claim raising matters of religious doctrine was not justiciable. A further appeal to the Supreme Court is pending.

In R (on the application of HM Coroner) v Secretary of State for Justice [2009] EWHC 1974, before Laws LJ and Tugendhat J, Mark resisted an attempt by the Coroner to overturn the Secretary of State's refusal to grant a licence for an exhumation, and he acted in the Employment Appeal Tribunal in Greater Manchester Police v Power [2009] UKEAT 0434, concerning whether spiritualism amounted to a religion of belief.

  • Preston v President of Methodist Conference [2013], Supreme Court
  • Eweida and other v United Kingdom [2013], European Court of Human Rights
  • Shergill v Khaira [2012], Court of Appeal
  • Church of Jesus Christ of Latter-day Saints v United Kingdom [2011], European Court of Human Rights (ongoing)
  • R (on the application of Sawyer) v Bishop of Chelmsford [2011] Administrative Court
  • Regina v Twaite and Judge Advocate General [2011] Court Martial Court of Appeal
  • Re Holy Trinity, Eccleshall [2010] Court of Arches
  • Sant Baba Jeet Singh v Eastern Media Group [2010] High Court, Eady J
  • Greater Manchester Police v Power [2009] Employment Appeal Tribunal
  • R (on the application of HM Coroner) v Secretary of State for Justice and Sutovic [2009] Administrative Court
  • Parochial Church Council of Aston Cantlow v Wallbank [2007] High Court, Lewison J
  • Stretch v United Kingdom [2003] European Court of Human Rights
  • Parochial Church Council of Aston Cantlow v Wallbank [2004] House of Lords
  • Re Blagdon Cemetery [2002] Court of Arches

Mark's publications include the following:

  • Ecclesiastical Law Third Edition (2007)
  • Religious Liberty and Human Rights (2002)
  • Jowitt's Dictionary of English Law (2010)
  • Religion and Law in the United Kingdom (2011)
  • Religion and Discrimination Law in the European Union (2010)

Regulatory and Disciplinary

In addition to acting in cases of clergy discipline (see separate entry), Mark is regularly instructed in the Solicitors Disciplinary Tribunal. He is a Legal Assessor to the Fitness to Practise Panel of the General Medical Council and is also retained in a similar capacity by the Nursing and Midwifery Council. He appeared for the successful appellant in the Court Martial Court of Appeal in Regina v Twaite & Judge Advocate [2011] 1 WLR 1125 in which the Lord Chief Justice considered the extent to which the procedures in military courts, particularly verdicts on criminal charges reached on a bare majority, were compliant with the fair trial requirement under Article 6 of the European Convention on Human Rights.

  • Preston v President of Methodist Conference [2013] Supreme Court
  • Eweida and other v United Kingdom [2013] European Court of Human Rights
  • R (on the application of Sawyer) v Bishop of Chelmsford [2011] Administrative Court
  • Regina v Twaite and Judge Advocate General [2011] Court Martial Court of Appeal
  • Greater Manchester Police v Power [2009] Employment Appeal Tribunal
  • R (Swindon Borough Council) v Swindon Justices [2004] Administrative Court
  • R (J and P) v West Sussex County Council [2002] Administrative Court

Public Law

Mark has a wide experience of public law and judicial review and has represented a variety of clients in the Administrative Court. Cases have included fairness in the appointment of priests: R (Sawyer) v Bishop of Chelmsford and Bishop of Barking (2011); ministerial discretion in the grant of exhumation licences: R (HM Coroner v Secretary of State for Justice and Sutovic (2009) Administrative Court; failure by justices' clerk to consider complaint before issuing a summons: R (Swindon Borough Council) v Swindon Justices (2004); reasonableness and privacy concerning child sex offenders R (J and P) v West Sussex County Council (2002).

  • Eweida and other v United Kingdom [2013], European Court of Human Rights
  • Shergill v Khaira [2012], Court of Appeal
  • Church of Jesus Christ of latter-day Saints v United Kingdom [2011], European Court of Human Rights (ongoing)
  • R (on the application of Sawyer) v Bishop of Chelmsford [2011] Administrative Court
  • Regina v Twaite and Judge Advocate General [2011] Court Martial Court of Appeal
  • R (on the application of HM Coroner) v Secretary of State for Justice and Sutovic [2009] Administrative Court
  • R (Swindon Borough Council) v Swindon Justices [2004] Administrative Court
  • Stretch v United Kingdom [2003] European Court of Human Rights
  • R (J and P) v West Sussex County Council [2002] Administrative Court

Costs

A member of the Editorial Board of Butterworths Costs Service since 2009, Mark is responsible for the section on Counsel's Remuneration in this looseleaf work. He advises on all aspects of costs litigation, particularly disputes concerning conditional fee agreements and after the event insurance, and appears at detailed assessments and appeals.

Property and Rating

Mark regularly advises and represents clients in property and rating matters, particularly village greens, and matters concerning burial and cremation both in the United Kingdom and overseas. His reported cases include R (on the application of HM Coroner) v Secretary of State for Justice and Sutovic [2009]. He has a particular interest in the liability of religious organisations for business rates and is currently retained in a proceedings at the European Court of Human Rights on this subject: Church of Jesus Christ of Latter-day Saints v United Kingdom [2011], European Court of Human Rights (ongoing)

  • Preston v President of Methodist Conference [2013] Supreme Court
  • Church of Jesus Christ of latter-day Saints v United Kingdom [2011] European Court of Human Rights (ongoing)
  • Holliday v Musa [2010] Court of Appeal
  • R (on the application of HM Coroner) v Secretary of State for Justice and Sutovic [2009] Administrative Court
  • Parochial Church Council of Aston Cantlow v Wallbank [2007] High Court, Lewison J
  • Stretch v United Kingdom [2003] European Court of Human Rights
  • Parochial Church Council of Aston Cantlow v Wallbank [2004] House of Lords
  • Re Blagdon Cemetery [2002] Court of Arches
  • Tribe v Tribe [1996] Court of Appeal
  • Pacific Associates v Baxter [1990] Court of Appeal
  • National Employers' Mutual Insurance Company Limited v Jones [1990] House of Lords

Mediation

Mark is an experienced mediator, accredited by the ADR Group, and actively promotes alternative dispute resolution through early neutral evaluation and conventional mediation in all areas but particularly commercial disputes, employment matters, and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

He is keen to promote mediation in matters amongst and between faith communities and is a founder member and trustee of BIMA (Belief in Mediation and Arbitration) which aims to provide alternative means of resolving conflict in which religion is a component. His article 'Mediation: An Untapped Resource for the Church of England?' was published in the Ecclesiastical Law Journal in 2011.

  • "An acknowledged expert in ecclesiastical law. He regularly appears in Consistory Courts, the Court of Arches and various ecclesiastical tribunals" Chambers UK Leaders, 2010

  • "An acknowledged expert in the niche area of religious liberty" Chambers UK Leaders, 2011

  • "Mark Hill QC continues to be regarded as the foremost authority on religious liberty" Chambers UK Leaders

  • "Undoubtedly one of the leading silks in ecclesiastical law." The Legal 500, 2014

Cases

Preston v President of Methodist Conference [2013], Supreme Court

  • Eweida and other v United Kingdom [2013], European Court of Human Rights
  • Shergill v Khaira [2012], Court of Appeal
  • Church of Jesus Christ of latter-day Saints v United Kingdom [2011], European Court of Human Rights (ongoing)
  • R (on the application of Sawyer) v Bishop of Chelmsford [2011] Administrative Court
  • Regina v Twaite and Judge Advocate General [2011] Court Martial Court of Appeal
  • Re Holy Trinity, Eccleshall [2010] Court of Arches
  • Sant Baba Jeet Singh v Eastern Media Group [2010] High Court, Eady J
  • Holliday v Musa [2010] Court of Appeal
  • Greater Manchester Police v Power [2009] Employment Appeal Tribunal
  • R (on the application of HM Coroner) v Secretary of State for Justice and Sutovic [2009] Administrative Court
  • Parochial Church Council of Aston Cantlow v Wallbank [2007] High Court, Lewison J
  • Kuenyehia v International Hospitals Group Limited [2006] Court of Appeal
  • R (Swindon Borough Council) v Swindon Justices [2004] Administrative Court
  • Stretch v United Kingdom [2003] European Court of Human Rights
  • Parochial Church Council of Aston Cantlow v Wallbank [2004] House of Lords
  • R (J and P) v West Sussex County Council [2002] Administrative Court
  • Re Blagdon Cemetery [2002] Court of Arches
  • Tribe v Tribe [1996] Court of Appeal
  • Pacific Associates v Baxter [1990] Court of Appeal
  • National Employers' Mutual Insurance Company Limited v Jones [1990] House of Lords

Appointments

  • Recorder assigned to the Midland Circuit sitting in crime, family and civil
  • Chancellor of the Diocese of Chichester
  • Chancellor of the Diocese of West Yorkshire and the Dales
  • Chancellor of the Diocese in Europe
  • Deputy Chancellor of the Diocese of York
  • Deputy Chancellor of the Diocese of Blackburn
  • Legal Assessor, Fitness to Practise Tribunal, General Medical Council (2008-2015)
  • Honorary Professor of Law, Centre for Law and Religion, Cardiff University
  • Consultant Editor of the Ecclesiastical Law Journal
  • Visiting Fellow, Emmanuel College, University of Cambridge
  • Member of the Legal Advisory Commission of the General Synod of the Church of England
  • President of the European Consortium for Church and State Research (2012)
  • Ecumenical Fellow in Canon Law, Venerable English College, Rome
  • Master of the Bench, Inner Temple
  • Chairman, Ecclesiastical Law Society

Publications

Mark writes for a variety of Journals in the United Kingdom and abroad and regularly speaks at international conferences. He is the author or editor of a number of books including the following: