A recognised human rights expert, particularly well known for his expertise in immigration cases that involve children.

Overview

Vijay’s practice encompasses public law, immigration and asylum law and civil actions against public authorities, with a particular emphasis on vulnerable clients and challenges under the Equality Act 2010. Vijay has appeared at all levels up to and including the Supreme Court, where the Court determined the correct approach to fairness in decision-making, under the common law and ECHR (Osborn) and departed from an earlier House of Lords decision in considering the duties owed to indeterminate sentence prisoners (Kaiyam). Vijay undertakes pro bono work and has spent considerable time in the past year volunteering as a legal advisor in the refugee camps in Greece.

Public law (judicial review)

Vijay’s busy public law practice means that he regularly appears in the higher courts and he has extensive experience in arguing cases involving international legal instruments. He has brought claims against a wide variety of public authorities and regularly undertakes challenges against the Home Office, as well as local authorities in age dispute cases. He is experienced in making urgent interim relief applications.

Immigration

Vijay undertakes the full range of immigration and asylum law and is recommended as “a first choice if the case concerns children or vulnerable clients” (Chambers and Partners 2012). He appears regularly in the First-tier and Upper Tribunal and is experienced in drafting and presenting appeals to the Court of Appeal, where he has exposed “unfair” and “obscure” decision-making by the Home Office (San Michael).

Vijay’s civil litigation practice means that he is particularly well placed to bring age dispute challenges against local authorities and he recently represented a minor where the Upper Tribunal accepted his stated age of 16, despite the social workers maintaining he was over 25.

Vijay draws on his significant public law expertise in respect of challenges concerning fresh claims, detention and challenges on behalf of sponsorship organisations and in relation to points-based applications. He also advises on claims for damages, under the common law and Article 5 of the ECHR. He is a contributor to the 9th edition of Macdonald’s Immigration Law and Practice.

Civil actions against the police and public authorities

Vijay has brought numerous damages claims under the common law and Human Rights Act 1998 for false imprisonment and breaches of Articles 3, 5 and 8 of the ECHR, including a successful claim against the Ministry of Justice following a Crown Judge imposing a sentence that no longer existed in law (Stickley).

Vijay’s experience in this area also includes misfeasance, malicious prosecution, and trespass to person and to land and he assisted in a recent settlement paid to two sisters held in a police cell in Liverpool. He has also been involved in data protection claims against the police and prison service.

Discrimination

Vijay has been involved in numerous Equality Act 2010 claims against public authorities. He represented a young woman with autism in her claim against the police, securing a settlement after he successfully applied to amend her claim to allege discrimination. Vijay also appeared in a 7 day trial where it was argued that the prison had failed to protect a prisoner from racism, including at the hands of prison officers, and where the prison service agreed to settle the case on day 4 of the trial. The judge gave a short judgment expressing her concerns about the prison’s apparent “lack of understanding of equality issues”. Vijay was involved in another trial where the prison service was accused of victimising a prisoner because he helped others complain about racism.

Notable cases

  • AD (Pakistan) v SSHD [2016] EWCA Civ 313: Court of appeal grants permission to appeal in relation to challenge concerning adult dependant relative rule;
  • (Haney, Kaiyam, Massey and Robinson) v Secretary of State for Justice [2014] UKSC 66, with Pete Weatherby QC: Supreme Court departs from decision of House of Lords and finds that there is a duty to rehabilitate prisoners under Article 5 of the ECHR;
  • R (Osborn and Booth) v The Parole Board [2013] UKSC 61: Parole board breached its duty of procedural fairness to the appellants by failing to provide an oral hearing, and was accordingly in breach of Article 5(4) of the ECHR;
  • R (Kheirollahi-Ahmadroghani v Secretary of State for the Home Department) [2013] EWHC 1314 (Admin): Dublin II challenge and arguments about “direct effect”. The judge referred to Vijay’s “erudition [and] subtlety”;
  • R (Downs) v Secretary of State for Justice [2011] EWCA Civ 1422: Judicial review of decision by Category A Review Team to refuse oral hearing for Category A prisoner. Permission to appeal was granted by the Supreme Court with Vijay as the lead advocate but the appeal was withdrawn after the prisoner passed away;
  • R (San Michael College Ltd) v Secretary of State for the Home Department [2011] EWCA Civ 1336 (18 November 2011): Court of Appeal overturns UKBA “unfair” and “obscure” decision-making;
  • Henry v Parole Board [2011] EWHC 2081 (Admin): Mistake of fact – High Court quashes Parole Board decision and orders a new hearing;
  • R (Bashir) v IA & Govr HMP Ryehill and SSJ [2011] EWHC 1108 (Admin): HDC – Muslim prisoner’s voluntary fasting protected by Art 9 ECHR;
  • R (Jorgenson) v Secretary of State for Justice [2011] EWHC 977 (Admin): Recall to custody must be proportionate;
  • R (HM (Malawi) v Secretary of State for the Home Department [2010] EWHC 1407 (Admin): Successful fresh claim challenge on the basis of the Claimant marrying and his spouse’s medical condition;
  • R (on the application of Guittard) v The Secretary of State for Justice (2009) EWHC 2951: Prison JR; SSJ acted unlawfully in respect of the transfer of IPP prisoners to open conditions;
  • R (on the application of Rowen) v The Governor, HMP Kirkham and the Secretary of State for Justice (Interested Party) [2009] EWHC 3756 (Admin): Prison JR – categorisation and refusal of HDC decision quashed; and
  • R v Wilkins [2009] EWCA Crim 1654: Appeal against IPP sentence: permission refused by the full Court despite concerns about the length of minimum term; and
  • Boswell v The Parole Board & Anor [2009] EWHC 2049: Breach of Article 5(4) (speedy hearing) by the Parole Board and Secretary of State for Justice. Court declines to grant relief on the basis of the Betteridge guidance.

Publications & media appearances

  • 19/10/15 Out of many, one people – exodous planned for Jamaican prisoners – Prisoner Transfer Agreements (Lexis PSL);
  • 6/6/14 When is a rule not a rule? Students and veracity checks (Free Movement blog);
  • 16/10/13 Prisoner voting BBC Radio Lancashire; and
  • 1/10/13 What are the police’s powers in relation to DNA collection? (Lexis PSL).

Memberships

  • ILPA; and
  • PALG.

Recommendations

Leading Junior Immigration (Northern and North Eastern): Undertakes a wide range of immigration and asylum work, most notably on behalf of vulnerable adults and children. He is experienced before the Administrative Court and draws on his public law experience to advise on detention and sponsorship matters. He has recently handled a range of complex cases concerning leave to remain and Article 8 right to family life. Strengths: "He provides a great service for clients and instructing solicitors." "He is a good advocate who has a very broad knowledge of immigration law and procedure. He is always helpful in going the extra mile to provide advice, guidance and support." Recent work: Represented an entrepreneur in a judicial review of a refusal to grant leave to remain. Chambers and Partners 2018
Leading Junior Civil Liberties and Human Rights (Northern): Respected junior offering broad-based expertise in areas such as immigration, prison law and data protection. He is particularly well known for his deft handling of matters involving vulnerable adults. He is noted for tackling cases involving prisoners subjected to racism. Strengths: "He is well known with a good reputation, a good solid lawyer." "He is effective in court and has a good plan for winning a case." Recent work: Acted in Prisoner F v Ministry of Justice, a case concerning a prisoner subjected to relentless racism including physical assaults.Chambers and Partners 2018
Leading Junior Administrative and Public Law (Northern and North Eastern): Has considerable experience of acting in administrative and public law matters involving immigration and prison law decisions. He has notable experience representing children and other vulnerable claimants. His public law practice is informed by his expertise in civil liberties and human rights, and he frequently handles discrimination claims against public bodies. Strengths: "He is very well organised, effective in court, and he is someone who has a good plan for winning a case. His preparation is good and his communication is effective." "His work is exceptional and his compassion is boundless." "He is very easy to approach, obliging and helpful." Recent work: Represented an autistic teenager who was falsely imprisoned by the police on the basis that she was drunk.Chambers and Partners 2018
Public Law - Leading Junior: A good advocate with very broad knowledge of immigration law.The UK Legal 500 2017
Leading Junior Civil Liberties and Human Rights (Northern): Respected junior offering broad-based expertise in areas such as immigration, prison law and data protection. He is particularly well known for his deft handling of matters involving vulnerable adults. Chamber and Partners 2017
Leading Junior Immigration (Northern and North Eastern): Undertakes a wide range of immigration and asylum work, most notably on behalf of vulnerable adults and children. He is experienced before the Administrative Court and draws on his public law experience to advise on detention and sponsorship matters. Strengths: "He is practical and good on the law." "He is pragmatic in the face of difficult judges." Chambers and Partners 2017
Leading Junior Administrative and Public Law (Northern and North Eastern): Has considerable experience of acting in administrative and public law matters involving immigration and prison law decisions. He has notable experience representing children and other vulnerable claimants. Strengths: "He is good at running legal points and isn't frightened of innovative legal arguments. A capable barrister."  Chambers and Partners 2017
Leading Junior Administrative and Public Law (Northern and North Eastern): Highly regarded for his burgeoning public law practice that has a focus on immigration and prison law work. He regularly handles complex cases in the higher courts and has enjoyed recent success in the Supreme Court in cases concerning the ECHR. Strengths: "He takes the time to consider every possible angle on complicated matters."  "He is most personable and excellent in his relations with me and my clients. He is thoughtful and thorough and has dealt with challenging novel issues." Recent work: Successfully represented the appellant in a landmark Supreme Court case which held that indeterminate sentence prisoners are given a reasonable opportunity to rehabilitate themselves under Article 5 of the ECHR.Chambers and Partners 2016
Leading Junior Civil Liberties and Human Rights (Northern): Highly regarded for the depth of his knowledge in prison law and immigration. He is widely recognised for his expertise in actions brought under Article 5 ECHR. He has a strong public law background and is frequently engaged in judicial review proceedings on behalf of children and vulnerable individuals.Chambers and Partners 2016
Leading Junior Immigration (Northern and North Eastern): A recognised human rights expert, particularly well known for his expertise in immigration cases that involve children. He is regularly instructed by clients seeking to utilise his experience in prison law to assist with immigration detention cases.Chambers and Partners 2016
Public Law - Leading Junior: An expert in cases against the state.The UK Legal 500 2016
Leading Junior Administrative and Public Law (Northern): Enjoys a growing reputation for the quality of his public law practice. He focuses particularly on human rights issues arising in the context of prison law and immigration.  "He is a careful and effective advocate who commands trust and respect. He handles the complexities of cases very well and gives very helpful advice."  Successfully brought judicial review proceedings against the Justice Secretary in relation to a prisoner who had repeatedly been denied access to his children, despite the Secretary having previously conceded proceedings on the same issue.Chambers and Partners 2015
Leading Junior Civil Liberties and Human Rights (Northern): A public law specialist who has developed a strong practice in civil liberties and human rights work, assisted by his considerable expertise in prison and immigration law. He is also an expert in cases relating to religious freedom.  "He's very, very bright and a tenacious advocate."  He represented the two claimants in a significant Supreme Court case concerning the right of prisoners to an oral hearing when their sentence is reviewed by the Parole Board. The case established that not allowing prisoners a hearing was a violation of procedural fairness and their rights under the ECHR.Chambers and Partners 2015
Leading Junior Immigration (Northern): An expert in cases involving detained migrants, children and the ECHR. He also has a burgeoning practice assisting organisations with obtaining sponsor licences. "He is very thorough in his preparation, shows confidence in court, and is also very knowledgeable and easy to work with." Chambers and Partners 2015
Public Law - Leading Junior: Clear, logical, passionate, and excellent with clients.The UK Legal 500 2015
Civil Liberties and Human Rights (Northern): Handles human rights matters arising in the fields of public law, prison law and immigration. He is experienced in cases involving children and vulnerable adults, and in cases concerning the sentencing of prisoners. Chambers and Partners 2014
Immigration (Northern): Recommended for his considerable expertise across the gamut of immigration and asylum law. He is noted for his focus on cases concerning vulnerable clients or minors.Chambers and Partners 2014
Administrative and Public Law (Northern): Impresses observers with his handling of public law, immigration law and prison law.Chambers and Partners 2014
Public Law - Leading Junior: Takes great care with his preparation.The UK Legal 500 2014
Up-and-coming Junior in Civil Liberties and Human Rights (Northern): Vijay Jagadesham is gaining plaudits for conducting a prison law practice with a recognised focus on foreign national prisoners. Sources confirm that he is "very approachable and able to turn work around very quickly". Chambers and Partners 2013
Up-and-coming Junior in Administrative and Public Law (The Regions): Others at the set include Vijay Jagadesham, a highly rated public law practitioner, who is especially strong on immigration and prison law. He is "very bright, and good at spotting legal issues and making sure they are pursued fully." Chambers and Partners 2013
Leading Junior in Immigration (Northern): Vijay Jagadesham is widely praised by fellow practitioners and is singled out as a particularly promising counsel. His work concerning foreign national prisoners is regarded as ground-breaking and reflects the nature of his practice which centres on the interaction between immigration and human rights law.Chambers and Partners 2013
Leading Junior in Immigration (Northern): Children and immigration matters are a big part of Vijay Jagadesham's practice. He is "excellent with clients and a first choice if the case concerns children or vulnerable clients," say clients. He "has a detailed and thorough knowledge of the law".Chambers and Partners 2012
Leading Junior in Immigration (Northern):  ...singled out for his "imaginative approach to complex cases" and is particularly good on the interplay between prison law and immigration.Chambers and Partners 2011
Regional Bar - Northern Circuit - Regulatory and Public Law: At Garden Court North Chambers, Vijay Jagadesham is a barrister who has flourished in the recent past and demonstrates excellent skills as an advocate.The UK Legal 500 2011

 

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