David Lemer

Profile

David practises predominantly in immigration, asylum, employment and general civil litigation. He undertakes cases within the Tribunal system on a regular basis and is an experienced practitioner in both the High Court and Court of Appeal. David also has experience in litigation in the European Court of Human Rights, having drafted pleadings on behalf of individual applicants and intervening parties. He has a particular interest in civil actions against public authorities, using both the common law and remedies under the Human Rights Act 1998.

David's burgeoning and wide-ranging civil practice, includes civil actions against the police, landlord and tenant disputes as well as general contractual matters, which have recently seen him representing Ethiopian Airways in an international dispute concerning the ownership of a Boeing 757.

Before coming to the Bar, David twice represented the United Kingdom at the International Bar Association''s Jessop Moot competition in Washington D.C. It was this grounding in International Law together with his social action work as the National Director of a youth education charity, that served to cement David's enthusiasm for the promotion of human rights.

Reported Cases

Home Office v Mohammed and others ~~[2011] EWCA Civ 351~~
MK (Pakistan) v SSHD ~~[2009] EWCA Civ 802~~ (erroneous approach to the definition of persecution)
A (Pakistan) v SSHD ~~[2009] EWCA Civ 1072~~ (Tribunal''s approach to sustained ill-treatment legally flawed)
SS (Iran) v SSHD ~~[2008] EWCA Civ 310~~ (overturning erroneous credibility findings)
Nhenga (R on the application of) v SSHD ~~[2008] EWHC 3588 (Admin)~~ (substantive compliance in completion of application forms)
Cotswold Developments v Williams ~~[2006] IRLR 181~~ (mutuality of obligation)
Akhvan-Moosavi v ALG ~~UKEAT 0501/04~~ (late submission of ET1)

Immigration Asylum and Personal

In immigration and asylum he regularly appears before both the First Tier and Upper Tribunal's as well as the Court of Appeal, which recently described his oral advocacy as displaying "great skill but also economy." David also has extensive experience in the Administrative Court, primarily through judicial review challenges to fresh claim applications and unlawful detention.

As well as lecturing extensively on new developments in this rapidly changing field, David is also approved by the Law Society and acts as an assessor on the Immigration and Asylum Accreditation Scheme, for solicitors and legal representatives.

David recently represented eight claimants in their claims for damages arising from the Home Office's delay in granting them settled status. The Court of Appeal, in Home Office v Mohammed and others ~~[2011] EWCA Civ 351~~ rejected the Home Office's long held reliance upon Anufrijeva v Southwark LBC ~~[2003] EWCA Civ 1406~~ and potentially opened the door for an increase in loss of earnings claims by those who have been subject to unlawful delays in the grant of settled status. The case is of particular importance to the many individuals who suffered losses arising from the Home Office's policy as described in R(oao S) v SSHD ~~[2007] EWCA 546.~~ The Court of Appeal, in one of Sedley LJ's last judgments, also took the opportunity to confirm that, in general, negligence claims could not be sustained against public authorities where the proximity between the parties was solely created by a statutory relationship.

Immigration Business and Commercial

David's recent case load has seen his extensive involvement in a string of public law challenges to the UKBA's removal of a number of Educational institutions from the Tier 4 sponsorship register. Having achieved successful outcomes, he is currently involved in a number of planned damages claims arising from the procedures operated by the Home Office’s to suspension and revocation license holders.

David also has extensive experience in advising and lecturing to corporate, including multinational, clients as to their obligations when employing foreign workers, and regularly represents in civil penalty appeals.

Employment Law and Industrial Relations

In employment David works in the fields of racial and sexual discrimination, unfair dismissal, working time regulations and unlawful deduction of wages, both for Claimants and Respondents. As well as appearing at Tribunal and Employment Appeal Tribunal levels, David also works in an advisory capacity, for private clients, local authorities, trade unions, and through his connections with Camden Community Law Centre. He has a particular interest in the increasingly complex interrelationship between immigration and employment law.

Actions Against the Police and Public Authorities

David has long standing experience in pursuing civil actions against the police for malicious prosecution, false imprisonment and assault. His immigration and public law practice have seen him increasingly involved in civil actions against the Home Office, in unlawful detention claims, but also in a string of claims seeking damages under the Human Rights Act 1998. David remains instructed in an on-going multiparty civil claim arising from the Home Office’s delay in granting settled status to Iraqi asylum seekers. This resulted in the recent Court of Appeal case of Home Office v Mohammed and others ~~[2011] EWCA Civ 351~~ where the Court of Appeal rejected the Home Office's long held reliance upon Anufrijeva v Southwark LBC ~~[2003] EWCA Civ 1406~~ and potentially opened the door for an increase in loss of earnings claims by those who have been subject to unlawful delays in the grant of settled status.

Administrative and Public Law

David appears on a regular basis in the Administrative Court, pursuing public law challenges to decision both of the Secretary of State for the Home Department, and other public bodies.