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Barrister Profile

TERENCE MCCLEAVE

Year of Call: 2011

Main Areas of Practice

Administrative Law or Judicial Review
Criminal Law
Extradition
Professional Negligence

Biography

Since commencing practice in March 2011, Terence has developed a wide and varied practice encompassing matters as diverse as extradition and noise abatement orders. Whilst Terence has dealt with a variety of cases during his time at the bar, his practice is now predominantly focused on the areas of criminal law, public law and civil litigation.

Criminal Law

Terence is consistently briefed in both prosecution and defence cases. Terence is regularly briefed by the Public Prosecution Service in cases involving a significant degree of complexity. These cases have touched upon matters such as counterfeiting, child cruelty, gaming machines, gambling, falsified passports and fraud. Terence’s defence work regularly sees him representing clients in environmental, planning, road traffic and fraud based cases.

Terence has appeared at all levels of the criminal justice system, ranging from the Magistrates Court to the Court of Appeal. Most notably Terence was briefed in a criminal law context as junior counsel to the Attorney General in the Court of Appeal case of R v Brown, James Henry & others [2012] NICA 14; 2013 NI 116, a case concerning a number of troubles related criminal appeals referred to the Court of Appeal by the Criminal Cases Review Commission.

Public Law

Terence has always had a strong interest in public law matters. This was exemplified by his completion, with distinction, of a Master’s in human rights law in 2009. This dedication to public law has continued after being called to the bar and in 2011 Terence was awarded the inaugural NI Attorney General Scholarship.

Since starting practice in March 2011 Terence has appeared in a number of public law cases which concerned matters such as the powers of residential care homes and compassionate temporary release from prison.

One notable example of Terence’s involvement in the area of public law was in respect of the case Walker, Joseph; in re application for judicial review [2013] NIQB 12 in which he represented an applicant who challenged a decision of the Financial Services Ombudsman.

Terence’s strong interest in the fields of human rights and public law has also seen him appointed as a member of the teaching staff in the Law School at Queen’s University Belfast. Since 2009 Terence has tutored on the Rights and Accountability: Judicial review course. Since 2011 Terence has also tutored on the Constitutional Law module. Terence has also had a number of articles published which focus primarily on aspects of public law and human rights.

Chancery/Equity/Civil

Whilst Terence’s practice is primarily concerned with both public law and criminal law he has maintained and developed a strong chancery and civil practice. This side of Terence’s practice has seen him appearing in cases concerning boundary disputes and the staying of enforcement proceedings. A significant amount of Terence’s practice is now also devoted to advising in respect of civil claims relating to both negligence and specific breaches of statutory duties.

Qualifications

2008; Bachelor of law (LLB), Queen’s University, Belfast

2009; Winner of the Northern Ireland Human Rights Commission Award (Awarded for best human rights essay in Northern Ireland)

2009; Stanley Maurice Austin Award (Awarded for best Constitutional Law essay in Queen’s University, Belfast)

2009; Law Society of Northern Ireland Award (Awarded for best research project in Queen’s University, Belfast)

2009; Winner of the Human Rights Scholarship Bursary, Queen’s University, Belfast

2009; LL.M in Human Rights Law (Distinction), Queen’s University, Belfast

2010; Certificate of Professional Legal Studies, Queen’s University, Belfast

2010; Mediation and Alternative Dispute Resolution Training, International Academy of Dispute Resolution, Chicago

2011; Inaugural Winner of the Northern Ireland Attorney General Scholarship

2011; Inaugural Winner of the First Trust Advocacy Competition

2009 to present; Appointed as a Tutor in Rights and Accountability: Judicial Review and Constitutional Law at Queen’s University, Belfast

2013; Appointed by the Council of Legal Education as a Module Advisor to the Institute of Professional Legal Studies

2013; Appointed to the Attorney General Recently Qualified Legal Panel

Experience

Notable Cases:

R v Brown, James Henry & others [2012] NICA 14; 2013 NI 116

Shaw, Robert & another v James J Macaulay Solicitors [2012] NICA 49

Walker, Joseph; in re application for judicial review [2013] NIQB 12

Publications

“Judicial Discretion versus Restraint in the Realm of Human Rights: A contextual approach to UK Human Rights Act 1998”, Volume 11 Trinity College Dublin Law Review 2008

“Human Rights in the Courts of Northern Ireland”, Northern Ireland Legal Quarterly, Volume 61 Number 4, Winter 2010. Co-authored with Professor Brice Dickson