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DT 1876 Immigration Cases in the Court of Appeal and Litigation funding by Conditional Fee Arrangements and Damages Based Agreements

Immigration Cases in the Court of Appeal

This is a specialist course looking at all aspects of running immigration cases in the Court of Appeal. The course will cover both statutory appeals from the Upper Tribunal (IAC), appeals in judicial review cases of all kinds (both from the Administrative Court and Upper Tribunal (IAC)). It will address permission to appeal, the second appeals test, the developing doctrine of the Upper Tribunal as a "specialist tribunal" and the implications that has for Court of Appeal cases, procedural issues including the approach of the Court of Appeal to provide interim relief in various kinds of appeal. The course will also look closely at costs and funding issues, which are likely to be of particular importance to practitioners who must adapt to the changing legal aid landscape, and tactics. 

Litigation funding by Conditional Fee Arrangements and Damages Based Agreements

The course will cover the essential elements for valid CFAs and DBAs, the variety of formats these agreements can take, common pitfalls with reference to caselaw, and the practical pros and cons of these arrangements. 
 

Event details

Date(s):11 February 2020
Start Time:16.00
End Time:19.15
Location:London
Level:Advanced
Audience:Immigration lawyers conducting work in statutory immigration appeals in the tribunal system and judicial review work of all kinds, and civil claims for false imprisonment
Main area:Immigration;Asylum;European;Judicial Review;Detention;Removal/deportation;Other
Aim of course:These are specialist courses looking at all aspects of running immigration cases in the Court of Appeal and DFA and DBA funding. 

The appeal course will cover both statutory appeals from the Upper Tribunal (IAC), appeals in judicial review cases of all kinds (both from Administrative Court and Upper Tribunal (IAC). It will address permission to appeal, the second appeals test, the developing doctrine of the Upper Tribunal as a "specialist tribunal" and the implications that has for Court of Appeal cases, procedural including the approach of the Court of Appeal to interim relief in various kinds of appeal. The course will also look closely at costs of funding issues, especially in the context of CFAs and DBAs which are likely to be of particular importance to practitioners who must adapt to the changing legal aid landscape and tactics. 
Topics:1. Court of Appeal procedure
2. Interim relief: when is it needed and what is the approach of the Court of Appeal?
3. Second appeals test
4. The Upper Tribunal as a specialist tribunal
5. Cost and funding
6. CFAs and DBAs
7. Tactics 
Tutor details:Tim Buley QC, Landmark Chambers and James Packer, Duncan Lewis Solicitors
Tutor biographies:James Packer

James is a solicitor-advocate and Director of Public law at Duncan Lewis, James has been at the forefront of judicial review challenged for more than 10 years, and has a particular interest in funding and cost matters. James is the author of the chapter dealing with costs in the practitioner handbook Criminal Judicial Review

Notable cases include Bahta [2011] EWCA Civ 895 (successful challenge to the basis of costs awards in judicial review cases), AL (Albania) [2012] EWCA Civ 710 (successful challenge to basis of costs awards in statutory appeal cases), Gudanaviciene v Director, Legal Aid Casework [2014] ECWA Civ 352 (successful challenge to approach to ECF Funding), Duncan Lewis v Director, Legal Aid Casework [2015] EWHC 2498 (Admin) (successful challenge to decision to refuse payment on the basis that the Means documents did not meet requirements in the LAA contract), Chelvan v Upper Tribunal (2017 test case on wasted costs in the UT), Duncan Lewis v The Lord Chancellor (2018 successful challenge to the 'no permission - no pay' Regulations). 

James has been recommended in his field in both Chambers & Partners and Legal 500 for each of the past 10 years, and provides training for HJT, ILPA and AMT. 

Tim Buley QC

Tim is an experienced public law practitioner with significant experience representing claimants across all areas of immigration law and unrivalled experience arguing cases in the Court of Appeal and other higher courts. Notable cases include S v SSHD [2017] Imm AR 169 (Supreme Court pending, deportation, significant obstacles to integration), NE-A Nigeria [2017] Imm AR 1077, SSHD v A [2017 WB 109] (domestic violence, EU law) R (Das) v SSHD [2014] 1 WLR 3538 (detention and mentally ill). Tim is recommended as a leading silk across eight practice areas in Chambers UK 2019 and the Legal 500 including immigration, human rights, EU, community care and administrative law. 
PriceConcessionary Training Prices: £60
Member Training Prices: £120
Non Member Training Prices: £240

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