WEB 3047 Civil claims for unlawful immigration detention

Civil claims for unlawful immigration detention: practice and procedure

Level: Intermediate- Advanced

Description:

The focus of the course will be on the practical steps involved in preparing a claim for damages for unlawful immigration detention. Topics to be covered include:

– Investigating a claim and initial steps

– Funding

– Limitation

– Pre-action steps

– Identifying the cause(s) of action

– Issuing claims including choice of venue

– Anonymity

– Statements of case

– Allocation and costs budgeting

– Disclosure

– Witness statements (including approach to non English speaking witnesses)

– Expert evidence

– Preparation for trial

– Types of damages available

– Personal injury

– Assessing quantum

– Settlement negotiations and ADR

– Costs including QOCS and recent reforms

The course will cover the impact of the fixed recoverable costs reforms on allocation and case management, settlement and Part 36 and costs recovery.

Audience: Solicitors and barristers whose work includes civil damages claims arising from immigration detention.

Aim of Course: To introduce practitioners to the practical and procedural steps in conducting unlawful detention claims in the civil courts.

Type of Course: Practical/ Overview

The course focusses on civil procedure and practical issues in Part 7 claims. It does not deal with substantive law and policy. It does not address other mechanisms of challenge (JR/bail).

Tutors: Graham Denholm, Doughty Street Chambers, Janet Farrell, Bhatt Murphy Solicitors, Jed Pennington, Wilson Solicitors.

Graham is a barrister at Doughty Street Chambers. He has worked on immigration detention cases for almost twenty years, acting in numerous challenges at all levels. He is the co-author of the textbook, “Detention Under the Immigration Acts: Law and Practice.” His wider public and civil law practice encompasses immigration law, police law and data protection law.

Janet is a solicitor at Bhatt Murphy Solicitors. She has worked in the field of immigration detention for over 20 years representing clients in judicial review and civil claims. She authors the immigration detention updates for LAG.

Jed is a solicitor at Wilson Solicitors. He has worked on immigration detention cases for more than fifteen years and has a mixed judicial review and civil action practice. He regularly writes and trains on immigration detention related law and practice for Free Movement and ILPA.