Jack Holborn

Year of call:
2008
Email:
jack.holborn@39essex.com

Clerks:
+44 (0)20 7832 1111

Jack’s practice focuses on public law, civil liability, and costs. He is a member of the Attorney General’s C Panel of Counsel and was recently appointed to the Panel of Special Advocates.

Jack undertakes a wide range of civil liability work for both Claimant’s and Defendants, including for government. He has particular experience in claimsby military personnel, , psychiatric injury, sports injury and group litigation. With his public law expertise he has substantial experience advising as to the civil liabilities of public bodies and legal issues crossing both public and private law.

He also undertakes commercial civil liability and construction work, with particular experience of subrogated claims for property damage by insurers.

Jack undertakes immigration & asylum work, representing both Claimants and the government. He also has wide experience in commercial public law, constitutional law, local government, election law, the Data Protection Act and mental health.

Jack has regularly appeared in the Court of Protection, predominantly on welfare and DOLS matters, but also in relation to financial disputes.

Jack has also advised both solicitors and complainants on SRA proceedings and complaints to the Legal Ombudsman, as well on claims for professional negligence by solicitors. He has also appeared in the HCPC Tribunal and is on the General Dental Council panel. He has advised on rugby and other sports disciplinary matters.

Jack provides specialist advice on costs and regularly appears in county courts, the SCCO and the High Court on costs matters. With his experience in other areas, he is ideally placed to advise upon costs in public law matters and claims involving public bodies, and has particular experience in Group Litigation costs.

Administrative & Public


Public Law and Human Rights

Jack has a wide public law practice, with particular experience in immigration and asylum, commercial public law, constitutional law, local government, mental health and Court of Protection.

In immigration and asylum, Jack has advised and appeared for Claimants and central government on claims involving deportation, human trafficking, Article 8 and student Tier 4 applications, amongst other issues. He also has extensive experience advising on Tier 2 and 4 sponsor licence cases. He recently advised a multi-national company in the automotive sector in successfully challenging a Tier 2 sponsor licence revocation and has advised HM Government on a number of significant Tier 2 and Tier 4 cases.

Jack also has significant experience of advising both Government and Claimants in unlawful detention claims, particularly those arising out of immigration detention.

Jack has appeared for and advised local authorities on matters including the provision of accommodation and support under the Children’s Act, and the provision of adult social care. Jack is also regularly instructed by local authorities and other parties in Court of Protection matters and has appeared in county courts and the Mental Health Tribunal on disputes under the Mental Health Act. Outside of the law, Jack is also a local councillor, giving him a particular insight into local authority cases.

Jack has particular experience on complex issues of constitutional law both in this country and foreign jurisdictions. He has advised on devolution issues and election law.

Jack has also worked on a number of commercial public law matters. In 2011, he spent several months as an associate for Allen & Overy in their litigation department, focusing on public law, competition and commercial matters.

Cases: Mutua & Ors v Foreign and Commonwealth Office; Kimathi & ors v Foreign & Commonwealth Office

Jack is instructed for the Foreign & Commonwealth Office, along with Lisa Giovannetti QC and Steven Kosmin of chambers, in a group action brought by individuals who claim to have been victims of assaults while detained during the emergency in Kenya between 1952 and 1959. The action follows earlier claims brought in Mutua & Ors v FCO, which were compromised in 2013. The Claimants seek damages, but rely upon a range of international and domestic human rights obligations in support of their claims.

The case is currently in trial, set to be one of the longest in English legal history. Jack is now the longest serving member of the Government’s legal team instructed on these claims and has gained considerable experience in all aspects of the litigation.

Kimathi & ors v FCO [2017] EWHC 2145 – Civil procedure; Amendments to statements of case mid-trial, and dispensing with Statements of Truth

Kimathi & ors v FCO [2017] EWHC 938 – Civil procedure; Amendments to statements of case mid-trial

R (on the application of London College of Business, Management and Information Technology) v Secretary of State for the Home Department (unreported) 6 March 2016 – Challenge to the revocation of a Tier 4 Sponsor Licence

R (on the application of London College of Business, Management and Information Technology) v Secretary of State for the Home Department [2015] EWHC 3215 (Admin) – Challenge to the revocation of a Tier 4 Sponsor Licence

R (on the application of 360 GSP College) v Secretary of State for the Home Department [2015] EWHC 526 – Challenge to the revocation of a Tier 4 Sponsor Licence

R (on the application of Bhagat) v Secretary of State for the Home Department [2014] EWHC 772 (Admin); [2014] 1 WLR 3710 – Judicial Review of the rejection as invalid of the Claimant’s Tier 1 (PSW) visa application

Secretary of State for Work and Pensions v Chieza Case C-680/11

The ECJ considered a reference from the Upper Tribunal (Adminstrative Appeals Chamber) regarding whether entitlement to incapacity benefit is “necessarily and objectively linked” to pensionable age so that the UK is entitled to derogate from the principle of equal treatment for men and women in matters of social security under Council Directive 79/7/EEC. An initial opinion was given finding that entitlement to incapacity benefit was not necessarily and objectively linked to pensionable age.

Mutua & Ors v Foreign and Commonwealth Office [2012] EWHC 2678 (QB)

Mutua & Ors v Foreign and Commonwealth Office [2011] EWHC 1913 (QB)

Belize Bank Limited v Attorney General of Belize [2011] UKPC 36

Jack appeared with Nigel Pleming QC in an appeal to the Privy Council regarding the appointment of a banking regulation appeal board. The court considered whether there was an appearance of bias due to the nature of their appointment by the Prime Minister of Belize contrary to rights protected under the Belizean Constitution.

Civil Liability


Personal Injury & Clinical Negligence

Jack accepts instructions in a full range of personal injury matters and appears regularly, for both claimants and defendants, in multi-track cases in the county courts and High Court, with experience in claims for catastrophic personal injury.

He is regularly instructed in high-value claims, with particular experience in injuries to military personnel. He is currently instructed by the MoD in a large number of claims for non-freezing cold injuries suffered by soldiers.

Jack has particular experience in claims involving cyclists and sports injuries, in particular injuries during rugby matches. He also has experience in fatal accident claims, and for accidents abroad.

Jack is also regularly instructed in claims for damage to property, and has particular experience of claims arising out of works by utility companies.

Jack further undertakes work in insurance law and has advised on policy wording, coverage and issues of subrogation.

Cases: Mutua & Ors v Foreign and Commonwealth Office; Kimathi & ors v Foreign & Commonwealth Office

Jack is instructed for the Foreign & Commonwealth Office, along with Lisa Giovannetti QC and Steven Kosmin of chambers, in a group action brought by individuals who claim to have been victims of assaults while detained during the emergency in Kenya between 1952 and 1959. The action follows earlier claims brought in Mutua & Ors v FCO, which were compromised in 2013. The Claimants seek damages, but rely upon a range of international and domestic human rights obligations in support of their claims.

The case is currently in trial, set to be one of the longest in English legal history. Jack is now the longest serving member of the Government’s legal team instructed on these claims and has gained considerable experience in all aspects of the litigation.

Kimathi & ors v FCO [2017] EWHC 2145 – Civil procedure; Amendments to statements of case mid-trial, and dispensing with Statements of Truth

Kimathi & ors v FCO [2017] EWHC 938 – Civil procedure; Amendments to statements of case mid-trial

Costs & Litigation Funding


Jack accepts instructions in a variety of costs matters and regularly appears in county courts and the SCCO on applications, detailed assessments and costs appeals.

He regularly advises both paying and receiving parties, and solicitors, as to costs bill of substantial value, and has recently advised on issues including the enforceability of Conditional Fee Agreements, recoverability of VAT, the effect of Legal Aid regulation and the effect of costs orders in tax matters.

Jack has significant expertise in costs arising out of claims by or against public bodies. He is currently instructed by the Home Office in relation to costs in excess of £1 million arising out of group litigation challenging the legality of the Detained Fast Track asylum procedure.

Jack also has particular experience of 3rd party costs and wasted costs orders against solicitors.

Jack was a contributor to Lord Justice Jackson’s review on costs.

Articles: Practical Law blog: Deutsche Bank AG v Sebastian Holdings Inc and another [2016] EWCA Civ 23Will we see an increase in non-party costs orders?

Commercial


Commercial and Construction Law

Jack has substantial experience in claims for property damage. He has received  a number of instructions in claims involving utility companies, including incidents of damage to cables and pipes, and flooding caused by water mains.

Regulatory & Disciplinary


Regulatory & Disciplinary

Jack has experience of regulatory matters, with particular experience of solicitor’s regulation. He has worked on a number of SRA complaints, and has advised both solicitors and complainants on complaints to the Legal Complaints Service and the Legal Ombudsman. He represented clients in a number of claims for solicitors’ negligence.

Jack has also advised on a number of rugby and other sports disciplinary matters.

Related Cases


Administrative & Public Law

R (on the application of London College of Business, Management and Information Technology) v Secretary of State for the Home Department (unreported) 6 March 2016 – Challenge to the revocation of a Tier 4 Sponsor Licence

R (on the application of London College of Business, Management and Information Technology) v Secretary of State for the Home Department [2015] EWHC 3215 (Admin) – Challenge to the revocation of a Tier 4 Sponsor Licence

R (on the application of 360 GSP College) v Secretary of State for the Home Department [2015] EWHC 526 – – Challenge to the revocation of a Tier 4 Sponsor Licence

R (on the application of Bhagat) v Secretary of State for the Home Department [2014] EWHC 772 (Admin); [2014] 1 WLR 3710 – Judicial Review of the rejection as invalid of the Claimant’s Tier 1 (PSW) visa application

Belize Bank Limited v Attorney General of Belize [2011] UKPC 36 West indies ref.

There was no appearance of bias where the minister of finance of Belize had made public comments about perceived financial irregularities on the part of a bank but had also exercised his statutory obligation to appoint members of an administrative appeal board to determine an appeal concerning those perceived irregularities.

Secretary of State for Work and Pensions v Chieza Case C-680/11

The ECJ considered a reference from the Upper Tribunal (Adminstrative Appeals Chamber) regarding whether entitlement to incapacity benefit is “necessarily and objectively linked” to pensionable age so that the UK is entitled to derogate from the principle of equal treatment for men and women in matters of social security under Council Directive 79/7/EEC. An initial opinion was given finding that entitlement to incapacity benefit was not necessarily and objectively linked to pensionable age.

Employment (Discrimination)

N Cherfi V G4s Security Services Ltd Equalities ref

An employment tribunal had been entitled to find that an employer had not indirectly discriminated against a Muslim employee on grounds of his religion by refusing to allow him to leave his post to attend Friday lunchtime prayers at a local mosque.

Human Rights & Civil Liberties

Mutua & Ors v Foreign and Commonwealth Office [2012] EWHC 2678 (QB)

Mutua & Ors v Foreign and Commonwealth Office [2011] EWHC 1913 (QB)

Five Kenyan nationals who allege that they were seriously mistreated in detention camps in Kenya, when it was a British colony, during the Mau Mau uprising in the 1950s, brought claims for damages for personal injuries against the Foreign and Commonwealth Office, alleging assault and battery, and negligence. At the 2011 hearing, the Court determined the summary judgment application brought by the Foreign Office. The Claimants’ application for an extension of time under s.33 Limitation Act 1980 was heard at the hearing in 2012.

Following settlement of those claims, a further 44,000 claims were brought, now part of the Kenyan Emergency Group Litigation – Kimathi & ors v FCO. The case is currently in trial, set to be one of the longest in English legal history.

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

BarristerCallCVEmail

3