Vijay Jagadesham

"...has a detailed and thorough knowledge of the law."... "excellent with clients and a first choice if the case concerns children or vulnerable clients."

Chambers & Partners 2012

"...demonstrates excellent skills as an advocate."

Legal 500 2011

"...singled out for his 'imaginative approach to complex cases'..."

"...particularly good on the interplay between prison law and immigration."

Chambers & Partners 2011

"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)
Vijay is recommended as a leading junior for his public law work (Legal 500 2012) and is experienced in challenging all types of legal error, ranging from a Judge's failure to act compliantly with Article 9 of the ECHR (freedom to manifest one's religion), the alleged failure of the Home Secretary to act compliantly with Article 1 Protocol 1 of the ECHR (peaceful enjoyment of possessions), to the Justice Secretary's fettering of his discretion in respect of indeterminate sentence prisoners.

Whilst Vijay's busy public law practice generally emerges from his immigration and prison law work, he advises on any public law challenge. He is passionate about representing the vulnerable against the high-handed actions of the State and will do the utmost to protect his client's best interests.

Immigration law
Vijay undertakes the full range of immigration and asylum work with particular experience in cases involving children or vulnerable adults. He is recommended as a leading junior in immigration law for his "thorough and detailed knowledge of the law" (Chambers & Partners 2012) and he is recognised as being "particularly good on the interplay between prison law and immigration" (Chambers & Partners 2011).

Vijay regularly appears in the Administrative Court and is experienced in drafting and presenting appeals to the Upper Tribunal, as well as the Court of Appeal. He draws on his significant public law expertise in respect of fresh claims, detention and challenges on behalf of sponsorship organisations. He also advises on claims for compensation, under the common law and Article 5 of the ECHR (arbitrary detention). He is a contributor to the 8th edition of Macdonald's Immigration Law and Practice.

Prison law
Vijay has acted in a number of key prison law cases, ranging from the Guittard case, in respect of transfers of indeterminate sentence prisoners to open conditions, to Osborn and Booth and Downs, where he has sought to challenge refusals by the Parole Board and Category A Review Team to hold an oral hearing.

Vijay's prison law practice also includes representation at Parole Board hearings. He advises on all matters, including the refusal to release a prisoner, re-categorisation (including Category A reviews), preparing minimum term representations and sentence calculation.

Other areas

A member of the Equality and Human Rights Commission's (EHRC) Preferred Counsel Panel. more

Data Protection: regularly advises in this area, in respect of loss of inaccurate data, the improper storage of data and the improper refusal to disclose data held by a data controller.

Notable cases

Downs, R (on the application of) v Secretary of State for Justice [2011] EWCA Civ 1422 (judicial review of decision by CART (Category A Review Team) to refuse oral hearing for Category A prisoner) judgment

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) news story / judgment

Henry v Parole Board [2011] EWHC 2081 (Admin) (Mistake of fact: High Court quashes Parole Board decision and orders a new hearing) news story / judgment

R (Bashir) v IA & Govr HMP Ryehill and SSJ [2011] EWHC 1108 (Admin) (HDC: Muslim prisoner's voluntary fasting protected by Art 9 ECHR) > news story / judgment

R (Jorgenson) v Secretary of State for Justice [2011] EWHC 977 (Admin) (recall to custody must be proportionate) > news story / judgment

Osborn & Booth v The Parole Board [2010] EWCA Civ 1409 (guidance on Parole Board oral hearings) > news story / judgment

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

Recommendations

Leading Junior in Immigration : Northern (2012) "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 & Partners 2012 more

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’ Legal 500 2011 more

Leading Junior in Immigration : Northern (2011) "...singled out for his 'imaginative approach to complex cases' and is particularly good on the interplay between prison law and immigration." Chambers & Partners 2011 more

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.