Clair's areas of expertise are public law, human rights, international co-operation law (extradition, diplomatic law and mutual legal assistance) and public inquiries and inquests. Clair has been Counsel to the Crown (civil) since 2004 and has been a member of the “A” panel of Treasury Counsel since 2014.
She has appeared in numerous leading public and human rights law cases in the UK, in recent years, including before the Supreme Court and the European Court of Human Rights. Recent cases include the litigation in the Supreme Court concerning the assistance provided to the United States in respect of a terrorist fighter in Syria, absent a death penalty assurance, Harkins v United Kingdom (Cases 1 and 2 before the European Court) (whole life tariffs and extradition), Birks v MPS (judicial reviews 1 and 2) (concerning the requirements of Article 2); Ismail v SSHD (application of Article 6 to the service of foreign judgments); Bats (Government of Mongolia Intervening) v FCO (special mission immunity), Halligen v Secretary of State (application of Article 6 to extradition), Neville v MPS (civil liability under Article 2) and Unaenergy Group Holding Pte Ltd) v Director of the Serious Fraud Office (duty of candour, letters of request).
Clair has a particular specialisation in the law on the rights of children and has been Counsel to the Independent Inquiry into Child Sexual Abuse since 2015. She was counsel to the Inquiry in the Rochdale (Cyril Smith) investigation and is counsel to the Inquiry in the ongoing investigation into Lambeth’s children’s homes.
She has very substantial public inquiry and inquest experience. She is currently instructed in the inquest into the deaths of the four victims of serial killer Stephen Port. Recent inquests include the Alexander Litvinenko Inquest; the Mark Duggan inquest and the David Emmanuel Inquest. She spent a number of years instructed on behalf of some 30 serving and former service personnel in the Baha Mousa Inquiry.
Clair has practised in extradition law from the outset of her career at 3 Raymond Buildings. She has been in numerous leading extradition cases including USA v Hamza, Hilali v Central Court, Aswat and Ahmad v USA; Ignoua and others v Italy, Brown v Rwanda, Gary McKinnon v USA; DPP (for the DPP).
MA Hons (Cantab), Call 1999, Treasury 'C' Panel 2004; 'B' Panel 2007. “A” Panel 2014; QC 2021