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Kate Newman , Duncan Lewis , Public Law Solicitor , Dalston

Kate Newman

Solicitor

Contact Information

Profile / Experience

I am a Public Law Solicitor with four years’ experience representing individuals who require legal redress through judicial review. I am Assistant Solicitor to the Head of Department, James Packer, and supervise a team of caseworkers and trainee solicitors while managing my own caseload.

My voluntary positions with immigration charities and Feltham Young Offenders Institute’s Independent Monitoring Board cemented my commitment to challenging unlawful decisions by government departments. My client base includes those requiring representation for a range of judicial reviews, asylum claims, immigration and citizenship applications and appeals in the First and Upper Tier Tribunals. I have experience of cases in the Administrative Court, the Court of Appeal, Supreme Court and European Court of Human Rights. I have experience working on a range of cases including but not limited to the following:
  • JM (Zimbabwe) v SSHD [2017] EWCA Civ 1669: successful test case in the High Court and Court of Appeal challenging the SSHD’s interpretation of statute concerning cooperation with the returns process and unlawful detention.
  • Abdulhamid v MoJ and Zahedi v MoJ [CO/1122/2017 & CO/1300/2017]: ongoing test case in the High Court challenging the Upper Tribunal’s practice of automatically striking out judicial reviews for want of the provision of a T485 (Certificate of Service). The Tribunal altered its practice following the claims being issued.
  • Duncan Lewis v Lord Chancellor [CO/1551/2018]: ongoing test case litigation which, if successful, will have widespread ramifications for the way providers of Legal Aid are remunerated in judicial review.
  • Akpinar v UK and Ahmed v UK: Conduct of two European Court of Human Rights applications concerning the interpretation of Article 8 right to family and private life. One focuses on the issue of whether a minor’s immigration status while placed with a foster family can be viewed as ‘precarious’ for the purposes of assessing the weight to be placed on private life while the second case concerned whether the UK had to demonstrate ‘very serious reasons’ when deporting a settled person and whether offences committed as a child carried a different test.
  • Giordano v London Borough of Camden [CO/2135/2018]: judicial review in the High Court challenging the interpretation of the Community Infrastructure Levy Regulations 2010, specifically reg. 40(7)(ii) and whether ‘capable to be carried on lawfully and permanently’ means that a building is capable physically to be used for its intended purpose or not.
  • Multiple judicial reviews against the SSHD challenging removal/deportation, negative trafficking decisions, certification of asylum and human rights decisions including decisions certifying claims as clearly unfounded and/or not meeting the ‘fresh claims test’.
  • Advising on the merits and grounds of a judicial review proposed to be brought by local councillors against a local authority which was closing Children’s Centres; drafted Letter Before Action.
  • Advising on the merits of challenging Social Services’ decisions such as their failure to regularise looked after children’s immigration status.
  • Advising on the merits of challenging Ombudsman decisions including a decision not to grant an extension of time for a vulnerable individual to make representations and a decision not to grant adequate compensation for failures by the local authority in the handling of a client’s child’s care arrangements.
  • Drafting representations as to why the SRA should investigate a solicitor’s firm with a view to bringing disciplinary action against the firm.
  • Advising an individual in relation to a regulatory issue concerning the Teaching Regulation Agency and the potential for her to have to appear before a panel and give evidence.
  • Advising an individual as to a potential challenge of a coroner’s decision not to order an autopsy and drafting representations to the coroner’s office accordingly.
  • Advising an individual as to the merits of challenging the police for their decision to leave him on Police Bail for an unreasonable period.
  • Conduct of multiple successful asylum and Article 8 appeals in the First and Upper Tier Tribunals, the former of which I conducted the advocacy for.
  • Conduct of private immigration applications including Partner and Spouse visa applications, applications for British citizenship, applications for Parent of a British Child, Tier 4 (Student) visas, advising on EU rights including permanent residency and retained rights of residence.
  • Multiple judicial reviews against the SSHD challenging removal/deportation, negative trafficking decisions, certification of asylum and human rights decisions including decisions certifying claims as clearly unfounded and/or not meeting the ‘fresh claims test’.
Before joining Duncan Lewis I had acquired broad experiences in the charitable and commercial sectors. I trained in a City law firm and also had previously been employed by Deloitte and IBM. In contrast I had also worked for a charity in Zambia, an international medical charity in London and completed internships with UNESCO in Namibia and the UK Foreign Office in Malawi. This wide range of employment positions means I am accustomed to dealing with a variety of individuals and their differing priorities. This has placed me in a good position as a Public Law solicitor who represents both legally aided and privately funded clients.

Education

  • Legal Practice Course: Distinction
  • Graduate Diploma in Law - The College of Law in London: Merit
  • Postgraduate Diploma in Conflict Resolution Skills: Distinction
  • Masters in Human Rights: Merit
  • History B.A.(Hons.): 2.1 - Durham University: 2:1

Career

  • Public Law Solicitor, Duncan Lewis: 2014–present
  • Trainee Solicitor, Veale Wasbrough Vizards: 2012–2014

Notable Cases

High Court
  • JM (Zimbabwe) v SSHD [2016] EWHC 1773 (Admin) - The High Court ruled that it was unlawful for the Secretary of State for the Home Department to require an individual to lie to his country’s authorities as part of the requirement to comply with the removals process. I acted as assistant solicitor.

  • Ongoing test case litigation in the High Court - Challenging the Upper Tribunal’s automatic strike out of judicial review claims for want of the provision of form T485 (the UT equivalent of the Administrative Court’s Certificate of Service) within nine days of issuing a claim. This claim has resulted in a change of practice by the Upper Tribunal. I am assistant solicitor.

Membership & Accreditations

  • Member of the Independent Monitoring Board for Feltham Young Offenders Institute
  • The Haldane Society for Socialist Lawyers

Interests

  • Volunteering - for charities Detention Action and Samphire
  • I have also fundraised for Sport In Action in Zambia
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