Draft:Sam Fowles

Sam Fowles is a British barrister, author, and public intellectual.

Education

Fowles attended Pershore High School , a comprehensive school in Worcestershire . Aged 16, he was invited to attend the Global Young Leaders Conference in Washington DC .

Fowles completed a degree in Modern History at the University of St Andrews, graduating with a First and on the Dean’s List. He was elected Director of Representation of the Students Association and campaigned successfully to repeal rules which prevented female students from involvement in university traditions. The campaign was commended by two separate motions of the Scottish Parliament.

After graduating from St Andrews, Fowles obtained a PhD in International Law from the University of London, also studying at the University of Sydney and Georgetown Law Centre.

Early Career

While studying for his doctorate, Fowles published papers on international, constitutional, and human rights law. He also worked on section 4 of the Female Genital Mutilation Act (which creates an offence of “failure to protect” children from FGM) and was a Fellow at the Foreign Policy Centre. During the 2016 Brexit referendum, Fowles was a spokesperson for Another Europe Is Possible, campaigning under the slogan “stay in Europe to Change Europe”. He was a prominent critic of international investment treaties which grant special legal rights to international investors, arguing in the Guardian:

“Second Generation” trade agreements have transformed the rights of investors: from protections against arbitrary interference, to entitlements to preferential treatment. These entitlements, in effect, give investors’ interests priority over human rights.

A British Court subsequently agreed with Fowles’ analysis, holding:

“… we are quite convinced that Dr de Mars is right when she says that, regardless of the strict legal position, in practice once a free trade agreement has been finalised with a foreign state Parliament and the government are likely to follow it and the law of the UK is likely to be amended accordingly.”

Career at the Bar

Fowles went into private practice at the Bar after completing his PhD. He undertook pupillage at Cornerstone Barristers in 2017 and was elected to join chambers as a full member in 2018.

Fowles practices includes in public and constitutional law, international law, environmental and planning law, information law and data protection, and inquests and public inquiries. He is described by the legal directory "Chambers and Partners" as "definitelty a future star of the Bar"

Fowles' notable cases include:

Miller v The Prime Minister: In 2019 Boris Johnson prorogued (shut down) Parliament to prevent MPs from questioning his conduct of Brexit negotiations. Fowles was part of a small team of barristers acting for Joanna Cherry KC MP and a number of other parliamentarians in challenging Johnson’s decision. The Supreme Court overturned Johnson’s decision and ordered him to re-open parliament.

Stanley v Secretary of State for Northern Ireland (2020): Concerning the disclosure of secret documents relating to the Birmingham Pub Bombings. Fowles acted for the families of the victims of the bombings.

Hamilton and Others v The Post Office (2021): Appeals against the convictions of 42 sub-postmasters wrongly convicted in the Post Office Horizon Scandal. Fowles acted for a group of wrongly convicted sub-postmasters.

The Clapham Common Inquiry (2021): Parliamentary inquiry into the policing of a peaceful vigil in response to the murder of Sarah Everard. The inquiry found that the Metropolitan Police "violated fundamental rights" of the attendees at the vigil and used excessive force. Fowles was counsel to the inquiry.

Parliamentary Inquiry into Voter ID (2023): A cross-party inquiry reviewed the performance of a new law requiring voters to present photo ID at polling stations. The inquiry concluded that the law was a "poisoned cure" which disenfranchised more voters than it protected and "led to racial and disability discrimination". Fowles acted as counsel to the inquiry.

The Speaker v Nicolson (2023): The Speaker of the House of Commons accused John Nicolson (an SNP MP) of breaching parliamentary privilege by informing the public that the Speaker had refused to allow the House to debate a select committee report which concluded that Nadine Dorries, while Secretary of State for Culture Media and Sport, had misled the House. The matter was tried before the Privileges Committee of the House of Commons. Fowles acted for Nicolson and Nicolson was acquitted. Fowles was the first lawyer in more than a decade to mount a successful defence before the Privileges Committee.

Advice on weapons sales to Israel (2024): Fowles advised the NGO Global Justice Now on the legality of the UK licensing weapons sales to Israel. He advised that, since the International Court of Justice had ruled that Israel was occupying the West Bank and Gaza illegally, and a UN report had concluded that Israel was committing war crimes and crimes against humanity in Gaza, the UK was at risk of "aiding and assisting" those wrongs, attracting vicarious liability in international law. Fowles' advice prompted the PCS union to demand assurances from Ministers. The UK government cancelled 30 arms export licences to Israel a week later.

Literature and Media

Fowles’ first book “Overruled: Confronting Our Vanishing Democracy in 8 Cases” was published in 2022. A second (paperback) edition was published in 2023. The book argues that, in the UK, democratic norms have been eroded over the last decade, and proposes a radical programme of constitutional renewal. The Times Literary Supplement called it “unflinching and brilliant”. The Times listed it as one of the “best books of 2022”.

Fowles contributes to the Guardian and is a columnist for Perspective and City AM. He appears regularly on Sky News, Times Radio, BBC Radio 4, BBC Business, and Talk TV.

Academic Work

From 2022-2024 Fowles was an associate lecturer at St Edmund Hall, University of Oxford. Fowles has published academic papers on the human rights and constitutional issues.

Personal Life

Fowles is a fan of rugby, telling the New Statesman, in an interview, that he would have liked to have been a rugby player rather than a lawyer, adding that this was impossible because he "wasn't actually very good at rugby". In an interview with The Times Fowles said his favourite song was "anything by Taylor Swift".