Vijay Jagadesham

"Excellent with clients and solicitors keeping them fully abreast of progress...gives realistic advice and is both tenacious and diligent..."

Instructing solicitor 2008

Practice

Public law (Judicial Review)
Regularly appears in the Administrative Court and advises on a wide variety of public law challenges.

Prison law
Undertakes judicial review and related civil claims on behalf of prisoners. Recent cases include:

• Judicial review against the Secretary of State for Justice: unlawfully fettered his discretion in respect of the transfer of imprisonment for public protection prisoners to open conditions. > See Guittard .
• Breach of Article 3 of the ECHR (prohibition of inhuman and degrading treatment), in respect of the handcuffing of a prisoner whilst in hospital. £2500 damages paid to the prisoner. > See Rowen .
• Quashing of decisions to re-categorise a prisoner from D to C, and to refuse release on HDC; > See Rowen .
• Breach of article 5(4) (speedy hearing) by the Parole Board and Secretary of State for Justice; > See Boswell.
• Quashing of convictions by the Independent Adjudicator (‘IA’), on the basis of breaches of Article 6 (the right to a fair trial).

Prison law practice also includes representation at Parole Board hearings: recalls, IPP and Life Sentences. Also appears at adjudications where there is an interesting / complex point. Advises on all matters, including the refusal to release a prisoner, re-categorisation (including Category A reviews), preparing minimum term representations and sentence calculation.

Immigration law
Experience of the full range of hearings, including entry clearance, asylum, deportation appeals and cases before the (now) Upper Tier Tribunal. Experienced in drafting and presenting appeals to the Upper-Tier, as well as appeals to the Court of Appeal. Draws on his significant public law expertise when advising on applications for judicial review in respect of fresh claims and detention. Also advises on claims for compensation, under the common law and Article 5 of the ECHR (arbitrary detention).

Contributor to the forthcoming 8th edition of Macdonald’s Immigration Law & Practice.

Housing
Particular interest in those areas with a public law element.

Other areas
Civil claims against the police: has advised on a claim for misfeasance further to the recall of a prisoner to custody. Data protection: currently advising on a claim against the Ministry of Justice for its loss of inaccurate personal data relating to a prisoner, in breach of the Data Protection Act 1998 and ECHR.

Notable cases

R (on the application of Osborn) v The Parole Board [2010] EWHC 580 Parole Board’s refusal to grant an oral hearing. > news story/ judgment

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 > news story/ judgment

R (on the application of Rowen) v The Governor, HMP Kirkham and the Secretary of State for Justice (Interested Party) (3 July 2009, Admin Ct Manchester, Nicol J) CO/5471/2009 (Prison JR; categorisation and refusal of HDC decision quashed) > news story / judgment

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) > judgment to be added

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.) > judgement

Professional associations

Member of Manchester Prison Law Practitioners Group since its inception

Languages

Basic French

Background

Completed pupillage with Garden Court North Chambers and became tenant at Garden Court North in October 2008. Prior to joining chambers gained 3 years experience in prison law as an in-house advocate for a firm of solicitors in Manchester. Also worked as an accredited police station adviser.