Menu
Close
Search
Generic filters

"The barristers are reliable specialists in their field who provide high quality legal advice and representation. They also understand their clients."

Chambers & Partners
23/01/2017

James Chegwidden successful in CoA case Akbar on behalf of the Home Secretary

News

The Court of Appeal has handed down judgment in the landmark case of Akbar [2017] EWCA 16 on statutory appeals under the Immigration, Asylum and Nationality Act 2006.  James Chegwidden (2008) of Old Square, appearing unled, was successful on behalf of the Home Secretary in persuading the Court (Arden and McFarlane LLJ, Cranston J) that in such statutory appeals, although appeal was by way of re-hearing as per a statutory right, the burden remains upon the Appellant employer to establish a prima facie case.  For that reason, a County Court judge erred where he allowed an employer’s appeal without properly considering whether the employer had proved its case, but instead decided the appeal purely on alleged procedural faults of the respondent Home Secretary.  Additionally, the Court of Appeal confirmed that appeals from the County Court in such circumstances would constitute second appeals; and offered some observations as to proportionality and seriousness in case management decisions where one party may be in breach of an order without fault on its part.

James was instructed by Gary Howell at the Government Legal Department.

To read the judgment, please click here.

Akbar, james chegwidden, coart of appeal, home secretary

Relevant members
James Chegwidden

Key contacts

James Chegwidden

James Chegwidden 020 7269 0305 Email

The ‘capable, efficient, and helpful’ clerks’ room provides ‘a service-orientated approach and goes above and beyond in trying to ensure you have the right barrister for the job ; you have the utmost confidence in the clerking.”

Legal 500

‘an extremely approachable set of chambers which puts a premium on service delivery.’

Chambers & Partners
0
Shortlist Updated

Out of hours

William Meade (Senior Clerk)

07970 649 755

or

Graham Smith (Deputy Senior Clerk)

07795 023 532