About James
I am a Director of the Public Law department at Duncan Lewis Solicitors. I supervise a team of solicitors, trainees and caseworkers all dedicated to representing the most vulnerable in society. I have been consistently recognised in in both Chambers and Partners as "exceptional" and The Legal 500 as an "outstanding lawyer" who "identifies points with ease and precision and thinks tactically". I am currently ranked as a Next Generation Partner and a Recommended Lawyer in the Legal 500 for my work in Public Law, Civil Liberties and Immigration work. I am also ranked in Chambers & Partners for Immigration: Human Rights, Asylum and Deportation.
I initially trained as a barrister (called to the Bar in 1999) - sharing the civil litigation prize at Bar School, and subsequently joined Duncan Lewis, initially in the advocacy team. I was soon appointed supervisor, and began to practise in judicial review. I cross- qualified as a solicitor in 2007. I am now a Solicitor-Advocate (with Higher Rights of Audience in Civil matters) head of department for Public Law, and a Director of the firm.
I litigate across a broad range of areas and regularly conduct test cases concerning issues that involve; access to the Courts, unlawful detention, enforced removals from the United Kingdom, challenges to decisions to refuse legal aid and associated litigation. I am also constantly involved in appealing costs decisions, usually to the Court of Appeal.
I have extensive experience of cases which have been decided in the Administrative Court, Court of Appeal and the Supreme Court. I have also brought successful challenges to the European Court of Human Rights.
I have regular conduct of major test cases at the highest level, including: a challenge in the House of Lords - a test case concerning the approach where an application meets the Immigration Rules when made, but is refused because the Rules are altered before the application is considered, a successful challenge to Legal Aid regulations preventing payment where the Respondent withdraws a decision after permission is refused on the papers, a successful test case challenging the approach to the award of costs in judicial reviews where matters settle pre-permission, a successful challenge to the operation of the ECF Legal Aid Scheme (for exceptional cases outside the ordinary Legal that he wished to return voluntarily in order that his return could be 'facilitated'. I have experience across the board in challenging detention on all sorts of bases including: SSHD failed to understand our client was British, in another case had a right of abode, in many cases had EC rights to remain, in other cases was unreturnable due to: medical conditions, country conditions or pending family court matters, challenges based upon our clients' mental health making them unsuitable for detention, and innumerable challenges to detention based upon fresh claims for asylum and trafficking issues.
I am frequently called upon in relation to; technical challenges to the powers of a court; adverse costs and other disciplinary communications from the Court, examples include; Chelvan v Upper Tribunal – test case on wasted costs powers of the Tribunal. Settled after the Court of Appeal granted permission to appeal. Abdulhamid & Ors - a group of cases that successfully challenged the Upper Tribunal’s practice of striking out judicial review claims for a minor infringement of the rules - related cases in the Court of Appeal on statutory appeal and in the Administrative Court. The Tribunal amended its practice, and the cases all settled prior to final hearings. Additionally, I write articles for the leading Immigration Law blog Free Movement, as well as for other outlets including a leading article for the Solicitor’s Gazette. I have edited countless articles by other solicitors for publication, and I contributed the chapter on costs in the leading textbook ‘Criminal Judicial Review’ ed. Piers Von Berg. I assisted editing the e-book Costs in Immigration Cases (Colin Yeo). I have also appeared as a legal expert of Radio 5 (prisoner votes and the ECtHR), LBC (NHS charges for pregnant immigrants) and ABN (the Brexit cases). I am also a member of the Administrative Court User group which gives valuable insight into systemic issues.
I also conduct accredited training in judicial review, costs and funding matters.
