She is the most impressive barrister I have ever worked with in my whole career. She brings calm and compassion which puts our clients at immediate ease.

Overview

Kerry Smith was called to the Bar in 2002 and is an experienced practitioner, specialising in Immigration and Court of Protection work.  She also has substantial expertise in human rights and public law challenges, with a strong and successful judicial review practice.

Kerry is public access qualified and has a thriving practice, regularly accepting instructions from lay clients directly across her practice areas.

Kerry is Head of Chambers.

Ranked in Band 1 for Immigration in the 2023 edition of Chambers and Partners, Kerry is described as:

'Excellent, flexible, approachable and supportive.'

Ranked as a Tier 1 Leading Junior for Immigration and a Tier 2 Leading Junior for Court of Protection in The Legal 500, 2024, Kerry is described as:

'...the full package in terms of what you want in a barrister: approachable, reliable, analytical, passionate, and her advocacy skills are faultless.'

Kerry is highly regarded by her instructing solicitors, who have said:

 'She consistently demonstrates a high level of commitment to clients and will always investigate every legal avenue to further the case.'

 

'My client was very impressed with Kerry, as was I. Her advocacy style is calm and thorough, easy to follow, and she displays a depth of knowledge.'

Immigration and asylum

‘Kerry is the full package in terms of what you want in a barrister: approachable, reliable, analytical, passionate, and her advocacy skills are faultless.’

– The Legal 500, 2024.

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 Garden Court North Chambers.

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, FGM/C 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; and
  • Exclusion of individuals accused of war crimes.

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

Kerry is experienced at representing employers and businesses in various immigration matters, including, but not limited to: civil penalties for allegedly employing illegal workers, and sponsorship licences for employing Tier 2 and Tier 5 migrants.  Her work includes providing advice and representation in court proceedings, and extends to advising solicitors and employers on the practices and procedures employers ought to have in place.  Kerry is also an experienced employment law practitioner and her wealth of knowledge in this jurisdiction is of considerable assistance in providing advice and representation to employers with immigration or quasi-immigration issues.

Kerry is a contributor to the Ninth Edition of Macdonald’s Immigration Law and Practice.

Court of Protection

‘Kerry is very thorough and methodical, and demonstrates a good grasp of the facts in a case.’

– The Legal 500, 2024.

Kerry has a busy and developing Court of Protection practice, mainly acting for the protected party or relatives. She is regularly instructed by the Official Solicitor and numerous Accredited Legal Representatives.

Kerry deals with a wide range of health and welfare case, including section 16 applications and section 21A deprivation of liberty challenges.  She has experience of dealing with:

  • The interface between the Mental Health Act 1983 and the Mental Capacity Act 2005
  • Complex mental capacity issues arising in the domains of residence, care, contact with others, sexual relations, use of the internet and devices
  • Best interests disputes
  • Medical treatment
  • Allegations of financial abuse and controlling coercive behaviour
  • Injunctive orders
  • Removal of lasting powers of attorney
  • Appointment of deputies.

Kerry prides herself in working collaboratively with instructing solicitors, providing advice at every stage of proceedings.

Community care & mental health

Kerry acts for individuals in community care matters, including in judicial review proceedings. Her practice involves challenges to assessments, content of care plans and accommodation-related matters. Kerry’s particular expertise in immigration law enables her to ably represent individuals subject to immigration control in asylum support and community care judicial reviews. Her knowledge of discrimination law also lends itself to cases involving the overlap between discrimination and community care.

Memberships

Immigration Law Practitioners Association (ILPA)

Court of Protection Bar Association (COPBA)

Privacy Notice

Kerry’s Privacy Notice may be viewed by clicking here.

Recommendations

Kerry is very thorough and methodical, and demonstrates a good grasp of the facts in a case.The Legal 500, 2024
Kerry is the full package in terms of what you want in a barrister: approachable, reliable, analytical, passionate, and her advocacy skills are faultlessThe Legal 500, 2024
Leading Junior: Immigration Tier 1 - Kerry is undoubtedly one of the most skilful and experienced barristers in the field of immigration, asylum and judicial review in the North. She consistently demonstrates a high level of commitment to clients and will always investigate every legal avenue to further the case. Her drafting and advocacy skills are outstanding, as well as her attention to detail. She is a pleasure to work with and is happy to advise at any stage in proceedings.The Legal 500, 2023
Immigration: Band 1 - She is the most impressive barrister I have ever worked with in my whole career. She brings calm and compassion which puts our clients at immediate ease.Chambers and Partners 2023
Leading Junior: Immigration, Tier 1 - Kerry's advocacy skills are superb. She is always well-prepared for every hearing, knowing the case inside out and prepared for every possible question which may be asked of her. Her presentation skills in court are clear and understated but highly effective. I have seen her stand her ground brilliantly under intense judicial scrutiny. I would again recommend Kerry to anyone looking for representation in this area without hesitation.The Legal 500, 2022
Leading Junior: Immigration, Tier 1 - 'Kerry is one of the most skillful barristers in her field in the North West. She consistently shows a very high level of commitment and is robust in her overall legal strategy as well as showing attention to detail and diligent preparation. She is willing to put the work in to pursue a worthy case as far as possible. Kerry is an excellent communicator and real pleasure to work with, offering assistance at any stage of a case. She is also a very effective advocate.’ 'Kerry is currently acting in an appeal before the Upper Tribunal in respect of the humanitarian conditions in Gaza and whether such conditions breach Article 3'. The Legal 500 2021
Possesses experience appearing in the First-tier and Upper tribunals as well as the Court of Appeal. She is particularly experienced in judicial review of decisions regarding asylum claims invoking ECHR. "Always an impressive advocate." Recent work: Acted for the appellant in a case concerning the issue of whether the Upper Tribunal erred in law in dismissing his appeal on the grounds that his removal to Gaza in Palestine would breach the UK’s obligations under Article 15 of the Qualification Directive and Article 3 ECHR.Chambers and Partners 2019
She remains extremely calm under pressure.The UK Legal 500 2019
Public Law (Northern): A strategic thinker with excellent court delivery.  The UK Legal 500 2017
Employment (Northern): Has a particular skill in handling discrimination cases of all kinds, as well as TUPE issues, redundancy, industrial relations and breach of contract claims. She also acts in disciplinary hearings and mediations. Strengths: "She is adept at putting difficult clients at their ease and explaining difficult legal concepts in a straightforward way." Recent work: Acted in the Employment Appeal Tribunal case of Sheffield City Council v Norouzi, a case concerning claims of indirect discrimination and racial harassment. Chambers and Partners 2016
Public Law (Northern): An experienced immigration practitioner.The UK Legal 500 2016
Public Law (Northern): Extremely capable of getting to grips with any case. The UK Legal 500 2015
Employment (Northern): Kerry Smith represents individuals and trade unions in a wide variety of matters before employment tribunals, the EAT and the County Court. She is best known for handling unfair dismissals, redundancy claims and TUPE matters. Recent work: Successfully represented the claimant in a third party harassment claim.Chambers and Partners 2015
Public Law (Northern): She adopts a focused approach to cases.The UK Legal 500 2014
Employment (Northern): Also recommended, Kerry Smith of Garden Court North undertakes numerous high-profile cases, in both employment and immigration. She "has a very good manner with clients and is good at putting their minds at ease with her fine presentations to the tribunal". Chambers and Partners 2013
Public Law (Northern): Kerry Smith is noted for her "good attention to detail, and good client-care skills". The UK Legal 500 2013
Employment (Northern): 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 and Partners 2012

 

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