Jack Holborn

“He is a strong junior: clever, hard-working and thorough.” – Chambers and Partners 2023

Jack is a go-to junior for various government departments and private clients across a breadth of administrative and public law matters. However, he has particular experience in immigration & asylum judicial review, regularly appearing in the High Court and Court of Appeal. His recent work includes claims in respect of the electronic tagging, the EU Settlement Scheme, the Ukrainian migration schemes, video-link evidence from abroad, unlawful immigration detention and 

He has also worked on matters of constitutional law, the courts, welfare, local government, election law, data protection and mental health. 

Jack also regular appears in the Court of Protection, predominantly on welfare and DOLS matters.

Jack has also worked on a 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 disputes.

Outside of the law, Jack is a former local councillor, giving him a particular insight into local government cases.

Cases of note:

• R (Agca) v Secretary of State for the Home Department [2023] EWCA Civ 56  - Appeal against the dismissal of a judicial review challenging the refusal of a Turkish national’s application for leave to remain under the Ankara Agreement.
• Re: X (Secure Accommodation: Lack of Provision) [2023] EWHC 129 (Fam) - The President of the Family Division drew attention to the very substantial deficit which existed nationally in the provision of facilities for the secure accommodation of children under the Children Act 1989. Jack represented the Secretary of State for Education.
• Qasim Ali Raza v Secretary of State for the Home Department [2023] EWCA Civ 29 - Appeal against the dismissal of an Upper Tribunal (IAT) appeal. The Appellant complained the hearing of evidence by video-link from Pakistan was unlawful and a nullity. He further appealed on Article 8 grounds. The Court of Appeal dismissed the appeal.
• AM v Secretary of State for Work & Pensions [2022] UKUT 242 (AAC) - A universal credit claimant was not required to identify the date on which they wished the benefit period to start. The commencement date of any entitlement to universal credit was a matter for the decision-maker's determination in the course of deciding the claim, rather than a constitutive part of the claim itself.
• R (MG) v Secretary of State for the Home Department [2022] 1 WLR 284 - The secretary of state was not required to initiate an independent investigation into an incident which had resulted in an asylum seeker being seriously injured during an attack by another asylum-seeking resident at hotel accommodation provided by the secretary of state. The claimant asylum seeker had failed to demonstrate that the secretary of state had breached her "systems" or "operational" obligations under ECHR art.2 and art.3 to adopt administrative measures which protected life and safeguarded against inhuman or degrading treatment.
• R (AB) v Secretary of State for the Home Department [2022] 1 WLR 5341 - The secretary of state's policy guidance for immigration caseworkers considering the effect on a child of maintaining the "no recourse to public funds" (NRPF) condition on an applicant's grant of limited leave to remain was unlawful.
• Agbabiaka (evidence from abroad, Nare guidance) [2021] UKUT 286 - The Upper Tribunal gave guidance as to the use of video-link evidence from abroad. The guidance has subsequently been applied across the Tribunal system by way of Presidential Guidance. Jack appeared for the Secretary of State.

‘Jack is a great junior, clearly enjoys his work and is very approachable.’  Chambers and Partners 2023

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

He is regularly instructed in high-value claims, with particular experience in claims against public authorities, including arising out of breaches of human rights. He is currently instructed by the MoD in a number of claims by military personnel. Much of his work involves claims for psychiatric injury and chronic pain.

Jack has particular experience for sports injuries, and is currently instructed on behalf of the RFU in a number of claims involving concussion in rugby. He also has notable experience in claims for exposure to asbestos, fatal accident claims, claims by cyclists, for accidents abroad and for claims involving allegations of fundamental dishonesty.

Cases of note:

• Newell v Ministry of Justice [2021] EWHC 810 (QB) - Jack was instructed by the MoJ in a claim by a prisoner who was seriously assaulted by another prisoner. Both prisoners were on full-life tariffs and exercising together in isolation from other prisoners due to the danger they posed. The case raised issues as to the duty and standard of care prisons have towards dangerous inmates in custody, as well as the test for claim under Article 3 of the ECHR.
  https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-55996781
• Kimathi & ors v FCO [2018] EWHC 3144 (QB) - Jack was instructed for the Foreign & Commonwealth Office, along with Neil Block QC and Lisa Giovannetti QC of chambers, in a group action brought by 44,000 claimants who alleged that they were victims of assaults whilst detained or in the course of security forces operations during the emergency in Kenya between 1952 and 1959. The action followed earlier claims brought in Mutua & Ors v FCO, which were compromised in 2013. The Claimants sought damages, but relied upon a range of international and domestic human rights obligations in support of their claims.
  The case was dismissed in November 2018 after one of the longest in English legal history. Jack was the longest serving member of the Government’s legal team instructed on these claims, working on all aspects of the litigation during the 8 ½ years he was instructe
  https://www.theguardian.com/world/2017/feb/28/court-hears-of-policy-to-discredit-abuse-claims-during-mau-mau-uprising
  https://www.theguardian.com/world/2016/may/23/mau-mau-rebellion-kenyan-victims-compensation-claimhttps://www.theguardian.com/law/2016/may/22/mau-mau-kenya-compensation-lawsuit-high-courthttps://www.bbc.co.uk/news/uk-19843719
• Kimathi & ors v FCO [2018] EWCA Civ 2213 – Court of Appeal refused the Claimants' application for permission to appeal judgment in the first test claim.
• Kimathi & ors v FCO [2018] EWHC 2066 (QB) – Judgment upon the first test claim. Claim dismissed, the Judge refusing to disapply limitation pursuant to section 33 of the Limitation Act.
• Kimathi & ors v FCO [2018] EWHC 1169 (QB) – Considering issue of "concealment" under section 32 of the Limitation Act 1980.
• Kimathi & ors v FCO [2018] EWHC 1070 (QB) – Admissibility of Hansard and extent of Parliamentary Privilege; admissibility of fresh evidence during trial
• Kimathi & ors v FCO [2017] EWHC 2145 – Civil procedure; Amendments to statements of case mid-trial, and dispensing with Statements of Truth

Jack has wide experience of inquest work, including lengthy and high profile matters, representing government departments, family members, and other interested parties. These have included Article 2 inquests into deaths in custody, during medical treatment (including whilst under psychiatric care) and linked to public service failings. 

Cases of note:

Re Richard Hill (2023) - Inquest into the death of a young man from alcohol poisoning during a rugby club function.
https://www.standard.co.uk/news/uk/rugby-union-player-sports-drinking-death-derbyshire-b1070112.html
Re Conner Marshall (2020) - Inquest into the death of a man killed by an offender subject to probation supervision. Jack represented the Probation Officer responsible for supervising the killer.

https://www.bbc.co.uk/news/uk-wales-51149311
https://www.theguardian.com/uk-news/2020/jan/17/coroner-supervision-of-conner-marshall-killer-woefully-inadequate

Re Alex Malcolm - Inquest into the death of a child killed by a man subject to probation supervision. Jack represented the Probation Officer responsible for supervising the killer.

https://www.bbc.co.uk/news/uk-england-london-49768998
https://www.theguardian.com/society/2019/sep/19/alex-malcolm-jury-points-to-failings-by-probation-service

“Jack’s knowledge and grasp of costs issues in unusual, technically difficult and high value costs cases is magnificent.”  Chambers and Partners and The Legal 500 2023

Jack advises on a full range of costs matters, and has notable expertise in group litigation, costs arising from judicial review proceedings, enforcement against legally aided parties and solicitor-client costs. He regularly appears at costs assessments, interlocutory hearings and in costs appeals. He also advises as to drafting of solicitors’ retainers including CFAs and DBAs.

Arising out of this work, Jack regularly advises solicitors and complainants on professional negligence by solicitors and counsel, including in respect of related SRA proceedings and complaints to the Legal Ombudsman.

Cases of note

• R (M Sport Ltd) v HMRC [2021] EWCA Civ 561 - A judge had been right to refuse a taxpayer the costs of its application for judicial review of notices issued against it by HMRC under the Finance Act 2014 Pt 4, where HMRC had withdrawn the notices after service of the proceedings. The application had been prematurely made, as the statutory procedure for making representations in response to the notices had not been completed.The Court considered the jurisdiction to entertain an appeal against the refusal to permit an 
• LM Associated Ltd v Gibbeson [2020] EWCA Civ 1460ral renewal hearing in a costs appeal.
• Rippon Patel & French v Mowlam [2020] EWHC 1079 (QB; [2020] Costs LR 523 - The prohibition in the Solicitors Act 1974 s.70(4) against ordering detailed assessment of a solicitor's bill more than 12 months from "payment of the bill" meant payment of the entire sum due under that bill; part payment was not sufficient. Payment into a solicitor's client account was not payment.
• R (JM & ors) v Secretary of State for the Home Department [2018] (unreported) - Decision by Master Nagalingham as to whether proceedings are concluded for the purposes of CPR 47.1 by transfer of damages claim to the County Court in an action proceeding under a Group Litigation Order

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. He also has experience of claims arising out of fires; vandalism; negligent building works; poorly designed drainage systems; road traffic accidents; and defective products.

He is currently instructed on a substantial claim for a house fire allegedly caused by a faulty laptop battery.

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.