Kerry Smith

"...highly sought after"

Chambers & Partners 2012

Valued for her "diligent approach to case preparation and her personable attitude towards lay clients."

Instructing solicitor 2007

Practice

Immigration

Kerry is an experienced immigration practitioner. She has practised in immigration law since being called to the bar in 2002, first as an advocate at a niche immigration solicitors firm and, from 2005, as a barrister at GCN.

Kerry’s expertise enables her to represent individuals in all aspects of immigration, nationality, asylum and human rights law. She advises and represents individuals in cases in the First-tier and the Upper tribunal, the High Court and the Court of Appeal.

Recent cases have included:

• A broad range of asylum appeals;
• Up-grade appeals for unaccompanied minors;
• Representing vulnerable girls/women in gender-based persecution and trafficking cases;
• Entry clearance and settlement appeals in respect of spouses/partners, children, dependant relatives;
• Deportation of foreign nationals under the automatic provisions and on conducive good grounds;
• Medical cases;
• Article 8 appeals based on family and private life;
• EEA cases;
• Disputed nationality and stateless cases;
• Exclusion of individuals accused of war crimes.

She is regularly instructed to represent individuals in judicial review proceedings.

Kerry is a contributor to the Eighth Edition of Immigration Law and Practice. She delivers legal education and training to solicitors, case workers and not-for-profit organisations.

Employment and Discrimination

Kerry has a busy and successful practice in employment and discrimination law. She advises and represents individuals and trade unions in the employment tribunal, the EAT and the County/High Court. She has expertise in areas such as unfair dismissal, breach of contract, redundancy claims, TUPE, protected disclosure and trade union related claims. She has particular interest and experience in discrimination law advising and representing individuals who have been discriminated against on the grounds of sex (including equal pay), pregnancy, race, disability, sexual orientation, religion and belief, and age.

Kerry advises and represents individuals and trade unions in judicial review matters.

Kerry also represents individuals in judicial mediation, internal disciplinary hearings and hearings before professional councils.

Recent notable EAT cases in which Kerry has appeared and been successful include:

• Sheffield City Council v Norouzi [2011] EqLR 1039; UKEAT/0497/10, President: Third party race discrimination and harassment judgment > more
• Unison & anor v National Probation Service South Yorkshire & anor [2010] IRLR 930: Procedure judgment
• Whyment–McCarthy v S/S for DWP UKEAT/0419/09/JOJ: Sexual orientation discrimination (reported in IDS Brief 980) judgment
• Rogers v Microblade Limited EAT/0041/09/DA: Dismissal
• Parsons v Burworth Estates UKEAT/PA/1357/08/MA, President: Statutory grievance procedure (reported in IDS Brief 888)
• Lyle v Bury Metro Racial Equality Council and others UKEAT/0411/08/ZT, President: Remedy
• Bury Metro Racial Equality Council and others v Lyle [2008] All ER (D) 182 (Jul): Disability discrimination

Kerry delivers legal education and training in employment and discrimination law. In November 2010 Kerry spoke at the Institute of Employment Rights Conference on ‘The Law on Sexual Orientation Discrimination’ more .

Personal Injury

Kerry has a claimant personal injury practice. She regularly appears in the County Court, and undertakes written advisory work and drafting of pleadings. Kerry is able to draw upon her experience in employment law, and has a keen interest in developing a practice in industrial injury claims.

Recommendations

Employment - Northern (2012) "Newly ranked Kerry Smith of Garden Court North is highly sought after by claimants and trades unions for unfair dismissal, breach of contract, redundancy, TUPE and whistle-blowing claims." Chambers & Partners 2012 more

Other Activities

Member of the Equality and Human Rights Commission's (EHRC) Preferred Counsel Panel > more
Member of the North West Free Representation Unit (NWFRU)