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Jack Holborn
Year of call: 2008
“His work is always first class. He is assiduous in his written pleadings, picks up new and helpful points, and is an advocate who is particularly impressive on his feet” The Legal 500 2022
Jack’s practice covers civil liability, public law and costs, with particular expertise in cases cutting across those fields. He is a member of the Attorney General’s A Panel of Counsel and the Panel of Special Advocates.
Jack undertakes a range of civil liability work for both Claimant’s and Defendants, including for government and insurers, with a focus on personal injury. He has substantial experience in high-value injury claims and group litigation, particular those arising from historic allegations; by or against military personnel; for psychiatric injury; and for sports injuries. He also has experience of property damage claims.
Jack undertakes general public law work, representing claimants, government and public bodies. He has particular experience in immigration & asylum, regularly appearing in the High Court and Court of Appeal. He also has experience working in matters of constitutional law, prisons, 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 wide experience of inquest and inquiry work, including lengthy and high-profile matters.
Jack provides specialist advice on costs, with a particular expertise in group litigation and costs in claims against public authorities. With his experience in other areas, he is ideally placed to advise upon costs in a range of cases. Jack also regularly advises solicitors and complainants on professional negligence by solicitors and counsel, including in respect of SRA proceedings and complaints to the Legal Ombudsman.
Areas of expertise
Public Law and Human Rights
“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. He has particular experience in immigration & asylum, regularly appearing in the High Court and Court of Appeal, as well as asylum accommodation and duty of candour issues. His recent work includes claims in respect of asylum accommodation legislation, the EU Settlement Scheme, the Ukrainian migration schemes, video-link evidence from abroad, unlawful detention and the remediation of buildings following the Grenfell fire.
He has also worked on matters of constitutional law, the courts, welfare, prisons, local government, election law, data protection and mental health.
Jack also regular appears in the Court of Protection, predominantly on welfare and DOLS matters. He has particular experience dealing with cases involving the overlap between the MCA 2005 and the MHA 1983.
Jack has also worked on a commercial public law matters. In 2011, he spent several months as an associate for Allen & Overy, 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 (Krzysztofik) v Secretary of State for the Home Department [2024] – The SSHD’s policy of pausing decisions upon applications under the EU Settlement Scheme pending criminal prosecutions was unlawful.
- Secretary of State for the Home Department & Secretary of State for Levelling Up, Housing and Communities v IAB & ors [2024] EWCA Civ 66 – Appeal in respect of orders to un-redact the names of civil servants from documents disclosed pursuant to the duty of candour. The Court restated the principles behind the duty of candour.
- WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894 – Appeal in respect of the Upper Tribunal’s refusal of an asylum appeal in relation to the Appellant’s role in the MQM (London) political party.
- 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 SSHD 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. The Claimant has now appealed to the ECtHR.
- 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.
Clinical Negligence and Personal Injury
‘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:
- Hughes & ors v Rugby Football Union & ors – Rugby Concussion litigation – Jack is instructed by the RFU in ongoing claims for head injury allegedly suffered whilst playing professionally and amateur rugby
- Elbanna v Clark [2024] EWHC 627 (KB) – Jack was instructed by the Defendant in this claim for a serious injury that occurred during a game of rugby.
- Mantey v Ministry of Defence [2023] EWHC 761 (KB) – A claimant was found to have been fundamentally dishonest in respect of his discontinued claim for non-freezing cold injury suffered whilst serving in the British Army.
- 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
Inquiries and Investigations
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:
Dawn Sturgess Inquiry – Jack is instructed by one of the interested parties in the inquiry into the death of Dawn Sturgess in Salisbury
Re: Jennifer Selwood – Inquest in to the death of a woman who was struck by a rugby ball whilst watching a junior rugby match
https://www.mirror.co.uk/news/uk-news/gran-69-killed-freak-accident-21489998
COVID-19 public inquiry – Jack is instructed by the FCDO in the Covid-19 enquiry
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 (2019) - 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
Costs and Litigation Funding
“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
- Pulford v Hughes Fowler Carruthers Ltd [2023] EWHC 1429 (SCCO) - In this solicitor-client assessment, there was no proper basis for concluding that the client’s fees and disbursements had not been knowingly authorised by the client.
- Lord Chancellor v Lam and Meerabux Solicitors [2023] EWHC 1186 (KB) - When considering a claim for legal representatives to be remunerated under the graduated fee scheme governed by the Criminal Legal Aid (Remuneration) Regulations 2013 reg.5(1), a determining officer was within the exercise of his discretion in excluding blank pages in the assessment of pages of prosecution evidence.
- 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
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. 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.
Regulatory and 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.
Recommendations
- “Jack is very bright and easy to work with.” Chambers & Partners 2023
- “Forceful turn of phrase in written advocacy. Very good client-handling skills.” Legal 500 2023
- “Jack is a great junior, clearly enjoys his work and is very approachable.” Chambers & Partners 2023
Memberships
- PIBA
- LawInSport
- ALBA
Qualifications
Education
- 2007-2008: Bar Vocational Course, BPP Law School.
- 2006-2007: GDL, BPP Law School.
- 2003-2006: BA (Hons), Philosophy, Politics and Economics (First Class)
Scholarships and prizes
- 2007: Denning Scholarship and Hardwicke Entrance Award, Lincoln’s Inn.
Additional Information
Appointments
- 2012: Attorney General’s C panel
- 2017: Panel of Special Advocates
- 2018: Attorney General’s B panel
- 2022: Attorney General’s A panel