1979 -1986 Ballymena Academy, N. Ireland
1988 Worked for a Los Angeles law firm
1989 Trinity Hall, Cambridge: MA (Law): 1st class
1989 Gray’s Inn Scholarship
1999 Appointed by Attorney General: Junior Counsel to the Crown (B Panel)
2001 Publication of Medical Treatment Decisions & the Law
2003 Called to the Northern Irish Bar

2010 Publication of Second Edition of Medical Treatment Decisions and the Law

2010 Appointed Head of 3 Serjeants' Inn Clinical Negligence and Healthcare Team

2011 Appointed a QC.

Email: cjohnston@3serjeantsinn.com

Christopher is recommended in clinical negligence and professional discipline by leading legal directories the Legal 500 and Chambers & Partners.

 'Christopher Johnston does equally well in both the medical and police sectors, and proves particularly good when it comes to dental matters.'.... Chambers and Partners 2011

'Christopher Johnston regularly acts for both claimants and defendants when very large sums of money are at stake.  He has "an exceptional grasp of the medical issues" and is known for invariably making the right moves in a case.'.... Chambers and Partners 2011

Christopher Johnston is widely admired for his user-friendly manner: "He is a joy to work with and clients love him." He is also credited with achieving consistently excellent results, with a number of interviewees commenting that his pleadings are extremely accomplished. Solicitors rely on him. Chambers and Partners 2010

'Greatly in demand and a “class apart amongst the juniors,” Christopher Johnston impresses observers as an “incredibly quick, accurate, organised and dedicated individual.”' Chambers & Partners 2009 

"...draws considerable praise for his 'fine advocacy and drafting skills'..." Legal 500 2008

'...“very incisive and good at pinpointing issues and dealing with difficult clients.”' Chambers & Partners 2009

Human Rights/Judicial Review

Chris has been involved in the development of law under the Human Rights act from the start.  He appeared for the NHS in the first Human Rights Act case heard in the High Court (Re M [2001]: UK approach to permanent vegetative state patients compatible with European Convention).  He represented the National Crime Squad in the landmark Court of Appeal decision ex p Tucker [2003] (returning officer to home force not amenable to judicial review).  In Stanley [2004] Chris acted for the Met Police (it was not a breach of Article 8 to distribute leaflets containing photographs of youths under ASBOs).  He also represented the Met in the judicial review by the Free Tibet campaign of protests during the visit of the President of China.

Article 2 public inquiries

Chris has substantial experience of acting in complex Article 2 public inquiries/inquests.  He acted (as Treasury Counsel) for the MoD in the "Deepcut" inquest [Collinson 2006]: the client felt he had set a new high benchmark for representation in such inquiries.  In Green [2007] he was counsel for a doctor in a high profile five week inquiry into the death by dehydration/starvation of an inmate on a prison hospital wing.  Chris acted for the widower of a woman who died as a result of failed intubation during a Caesarean section in Lockham [2009, lead item on ITN's News at Ten].  The jury's narrative verdict outlined serious failures by NHS anaesthetists.  He appeared in the lengthy Stirland inquest [2010]: a revenge killing of a gangster's parents in Skegness: this required sensitive handling of public interest immunity issues and raised important national issues about police co-ordination of intelligence and protection of witnesses.

He has been at the forefront in advising police forces on the impact of the Human Rights Act advising on a "human rights toolkit" for the whole Met Police force.  He advised Northamptonshire police on the creation of DNA databases.  He presented an international Europol "Contract Killing" convention.

Court of Protection Medical Treatment and welfare/Mental Health

Chris has substantial experience of medical ethics cases acting for NHS Trusts, patients and for the Official Solicitor.  He has appeared in the High Court in cases involving determination of capacity and best interests in relation to all aspects of medical treatment decisions including withdrawal of treatment and force feeding.  He appeared in the landmark decisions of Re M (see above) and B v Croydon Health Authority [1995] (CoA: force feeding of mental patient).

Chris is the editor of "Medical Treatment Decisions and the Law" (Bloomsbury, 2010), a comprehensive text on medical ethics cases in the High Court and Court of Protection.  Catherine Hopkins in the AvMA Medical & Legal Journal 2010 noted:

with its "practical advice" and "helpful appendices" it is "comprehensive and user-friendly.  As such it would be a most useful manual for the legal practitioner.  But this book contains more than that and its appeal should be far wider and of equal value to doctors and social workers as well as lawyers."

Information Law

Chris has experience of acting in cases which considered the complexities and sensitivities of the Regulation of Investigatory Powers Act 2000. 

He is author of "Watching the Detectives" which reviewed the human rights implications of surveillance on police officers.

He has considered privacy and Freedom of Information Act issues in the context of clinical negligence claims.

Sports Law

Chris has defended a number of clinical negligence claims arising from alleged negligence in the context of treating professional footballers.  He is an avid Ireland rugby fan, a long suffering West Ham supporter and (despite coming from Ireland) knows there are six balls in an over in cricket.

Judicial Review/Human Rights

R v Director-General of the National Crime Squad, ex Parte Tucker [2003] ICR 599 (Court of Appeal) Times, January 27, 2003 (Termination of secondment to national Crime Squad: whether amenable to judicial review; extent to which fairness required that reasons should be given)

R (ota Stanley and others) v Metropolitan Police Commissioner [2004] EWHC 2229 (Admin) Divisional Court: (whether breach of Article 8 in distribution of leaflets containing names photographs and details of youths subject to Anti-Social Behaviour Orders)

Re M & Re H [2001] 1 All E.R. 801; [2001] 1 F.C.R. 406, [2001] Lloyd's Rep Med 27: case concerning permanent vegetative state cases; whether Bland compatible with European Convention on Human Rights

R v Metropolitan Police Commissioner ex p. the Free Tibet Campaign Guardian 4.5.00 (judicial review against policing of protests against Chinese President.

Fetal Anti-Convulsant class action (2010) (product liability claim but included detailed consideration of European law)

Public inquiries/Inquests

Deepcut Inquest [2006]: represented the Ministry of Defence in the three week inquest into the death of Private James Collinson at Deepcut Barracks.

Lockham v Buckinghamshire NHS Trust [2009-10] Chris acted for the widower of a woman who died as a result of failed intubation during a Caesarean section.  This was high profile (lead item on ITN News at Ten). An inquest jury's narrative verdict outlined serious failures by NHS anaesthetists.  A substantial out-of-court settlement was obtained in 2010.

Stirland Inquest [2010]: 4 week Article 2 public inquiry into a revenge killing of a gangster's parents in Skegness which raised important issues about police co-ordination of intelligence and protection of witnesses.

Green:[2007]  represented a doctor in an Article 2 inquiry into the death of an inmate on a prison hospital wing from dehydration/starvation - the doctor concerned was at risk of a manslaughter charge

Inquest into C's death [2006]: represented the family; narrative verdict returned criticised Guy's and St. Thomas's hospital infection control systems.

Nicholls Deceased Liverpool Coroner's Court May 2000 and September 2003: death in police custody; death by heroin overdose following examination by police surgeon

Davies Deceased [1996]: Coroner's inquest into death as result of methadone overdose in prison.

Medical ethics

Re M & Re H [2001] 1 All E.R. 801; [2001] 1 F.C.R. 406, [2001] Lloyd's Rep Med 27: case concerning permanent vegetative state cases; whether Bland compatible with European Convention on Human Rights

DS: acted for Official Solicitor in this case concerning a proposal to tube feed a disabled woman.

NHS Trust v D [2000] All ER (D) 1777 Johnson J: case concerning permanent vegetative state

Re T (A Minor) (Liver Transplant: Consent) [1997] 1 WLR 242, [1997] 1 All ER 906: case concerning the treatment of a minor abroad: jurisdiction of Family Division to hear case; appeared for Official Solicitor at jurisdiction argument; appeal reported

NHS Trust v D (unreported) 1996: case concerning withdrawal of treatment from PVS patient

Re L (unreported) 1996: case concerning a minor - blood transfusion

B v Croydon Health Authority [1995] 2 WLR 294; [1995] Fam. 133; [1995] 1 All E.R. 683, CA: force feeding of mental patient

Re V.S. [1995] 3 Med law Rev 292: force feeding of mental patient

Editor of "Medical Treatment Decisions and the Law" (Bloomsbury, 2010)

Author of "Watching the Detectives" (reviewing human rights implications of surveillance on police officers)

As an editor of Medical Law Reports, Chris has written insightful commentaries on public law decisions.

• On TTM v Hackney [2010] EWHC 1349 (Admin) he stated: "In his thought experiment to highlight the bizarre nature of quantum theory, Erwin Schrodinger's incarcerated cat could only be declared dead when the observer opened the box.  Prior to that point the cat was expressed as being in a quantum duality: both alive and dead.  In the TTM case Burton J opened the habeas corpus box to assess the patient's incarceration and determined that the patient was unlawfully detained... The desire for a binary clarity in the determination of the lawfulness of detention under Article 5 is, nevertheless, not without its problems... [The Court of Appeal] may have to decide whether to allow for some quantum fuzziness in Article 5: could a detention be both lawful and unlawful at the same time depending on which legal observation is being made?  Only time will tell if that cat will be let out of its bag or - more appropriately? - its radioactive box."
• On Governors of X School [2010] EWCA Civ 1 Chris commented: "Article 6 has provided lawyers with the key to the closed doors of internal disciplinary proceedings.... In the media [the case] will probably be seen to fit neatly into their continuing glib - and mythic -  tale of creeping litigiousness in our society.  However, loss of one's profession is a far greater punishment than regularly imposed in magistrates' courts, a forum in which the denial of legal representation would be seen by all as a grave abuse.  Those facing the de facto loss of their right to practice their profession are likely to agree with the lawyers' favourite adage that everyone hates lawyers until they need one."
• On Purdy [2009] UKHL 45 Chris stated "The Purdy decision can be seen as the latest in a long line of cases in which the flexibility of the English common law and legislative approach has been lost in translation when considered in the language of the rights-based European convention.  Ultimately, however, given the importance of protecting individual autonomy, that loss is a price worth paying."
• Analysing Bapio [2008] UKHL 27 stated that "The government's failure to ensure joined up thinking on immigration has resulted in its defeat in the House of Lords... The House of Lords is to be applauded for forcing the government to play fair and make good on promises made to doctors from a sub-continent which over the decades has played such a crucial role in ensuring the over-stressed cogs of the National Health Service continued to turn."

• Human Rights.  In June 1999 he was a key speaker at a national conference at New Scotland Yard involving lawyers and police officers from Los Angeles on “The Human Rights Act: The practical implications for British policing. Learning from the US experience”. This has since been presented to the Metropolitan Police Service Solicitors’ Department.
• In March 2000 Chris presented a Human Rights seminar and toolkit to the Metropolitan Police Human Rights Auditors.
• 2000: The Human Rights act and the NHS: What it means to you - NHSLA, Walsall
• In early 2002 he presented half-day seminars on “Containment” both internally to the Met and at a national conference.
• He presented a two-day seminar on "Contract Killing" at Europol in the Hague in March 2002