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, regulatory and disciplinary law, and costs.

Jack is a member of the Attorney General’s C Panel of Counsel. He 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, mental health and the Court of Protection.

Jack undertakes personal injury work for both Claimant’s and Defendants. He has particular experience in sports injury, NFCI, accidents abroad and group litigation. He also undertakes commercial civil liability and construction work, with particular experience of subrogated claims for property damage by insurers. He has also worked on adjudications and arbitrations, and has advised clients in a variety of commercial contexts.

Jack has 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.

Administrative & Public


Public Law and Human Rights

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

He has appeared for and advised a local authority 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.

Jack has further experience in immigration and asylum. He is currently instructed in a judicial review claim brought by a foreign student regarding the withdrawal of a Confirmation of Acceptance for Studies by a university.

Jack has particular experience on complex issues of constitutional law both in this country and foreign jurisdictions, and recently appeared in the Privy Council on a challenge to the appointment of an appeal board for banking regulations in Belize. He has worked on a number of commercial public law matters and recently contributed (with Fenella Morris QC) to the Butterworths Commercial Judicial Review conference.

In 2011, Jack spent 4 months working as an associate for Allen & Overy in their litigation department, focusing on public law, competition and commercial matters.

He has previously volunteered for the Liberty advice line offering free advice on human rights.

Cases: Mutua & Ors v Foreign and Commonwealth Office

Jack is currently instructed with Guy Mansfield QC, Sir Michael Wood and Alex Ruck Keane in a claim brought by individuals who claim to have been victims of assaults while detained during the emergency in Kenya between 1952 and 1959.

Belize Bank Limited v Attorney General of Belize

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.

Commercial


Commercial and Construction Law

Jack undertakes a variety of commercial and construction work, including drafting pleadings and written advice. He has experience of work in adjudication and arbitration, and has advised clients in a variety of commercial contexts, including pharmaceuticals, energy, construction and residential and commercial utilities. He has particular experience of disputes regarding the supply of electricity and gas.
Jack is also regularly instructed in claims for property damage, with particular experience of claims involving utility companies, including incidents of damage to cables and pipes, and flooding caused by water mains.

Jack is currently instructed in a number of multi-track construction and property damage claims in the county courts.

Earlier this year, Jack spent 4 months working as an associate for Allen & Overy in their litigation department, focusing on public law, competition and commercial matters.

Employment Law

Jack has appeared before the Employment Tribunal and drafted an appeal to the EAT, and accepts instructions from employees and employers on a variety of employment matters. He has particular experience of cases involving unfair dismissal, discrimination and costs.

Cases: N Cherfi v G4s Security Services Ltd

Jack recently appeared in the EAT with Karon Monaghan QC in an appeal against the decision of the Employment Tribunal that a Muslim security guard was not indirectly discriminated against on the grounds of religion when his employer refused to allow him to go to leave his post to attend Friday prayers at a local mosque.

Costs & Litigation Funding


Jack accepts instructions in a variety of costs matters and regularly appears in county courts and the SCCO on applications and detailed assessments.He also advises on disputes regarding the Compensation Recovery Unit and is currently instructed on an appeal against the decision of the First-Tier Tribunal to uphold a CRU certificate.

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

Civil Liability


Common Law

Jack accepts instructions in a full range of common law matters and appears regularly, for both claimants and defendants, in fast track and multi-track cases in the county courts. He has had numerous instructions on RTA claims, including claims for personal injuries and credit hire, as well as public liability, occupier’s liability and breach of statutory duty claims. He has particular experience in claims involving cyclists and sports injuries. He also has experience of catastrophic personal injury and fatal accident claims, including 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 on which he recently gave a talk.

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 matters, and has advised both solicitors and complainants on complaints to the Legal Complaints Service and the Legal Ombudsman.

Related Cases


Administrative & Public Law

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

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 is currently considering 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.

Employment (Discrimination)

N Cherfi V G4s Security Services Ltd

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 [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. The Court determined the summary judgment application brought by the Foreign Office; the Claimants’ application for an extension of time under s.33 Limitation Act1980 has been heard and judgment is awaited.

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

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