James Packer

I am a Director of the Public Law department at Duncan Lewis Solicitors. I supervise a team of solicitors, trainees and caseworkers all dedicated to representing the most vulnerable in society. I have been consistently recognised in in both Chambers and Partners as "exceptional" and The Legal 500 as an "outstanding lawyer" who "identifies points with ease and precision and thinks tactically". I am currently ranked as a Next Generation Partner and a Recommended Lawyer in the Legal 500 for my work in Public Law, Civil Liberties and Immigration work. I am also ranked in Chambers & Partners for Immigration: Human Rights, Asylum and Deportation.

I initially trained as a barrister (called to the Bar in 1999) - sharing the civil litigation prize at Bar School, and subsequently joined Duncan Lewis, initially in the advocacy team. I was soon appointed supervisor, and began to practise in judicial review. I cross- qualified as a solicitor in 2007. I am now a Solicitor-Advocate (with Higher Rights of Audience in Civil matters) head of department for Public Law, and a Director of the firm.

I litigate across a broad range of areas and regularly conduct test cases concerning issues that involve; access to the Courts, unlawful detention, enforced removals from the United Kingdom, challenges to decisions to refuse legal aid and associated litigation. I am also constantly involved in appealing costs decisions, usually to the Court of Appeal.

I have extensive experience of cases which have been decided in the Administrative Court, Court of Appeal and the Supreme Court. I have also brought successful challenges to the European Court of Human Rights.

I have regular conduct of major test cases at the highest level, including:

a challenge in the House of Lords - a test case concerning the approach where an application meets the Immigration Rules when made, but is refused because the Rules are altered before the application is considered,

a successful challenge to Legal Aid regulations preventing payment where the Respondent withdraws a decision after permission is refused on the papers,

a successful test case challenging the approach to the award of costs in judicial reviews where matters settle pre-permission,

a successful challenge to the operation of the ECF Legal Aid Scheme (for exceptional cases outside the ordinary Legal that he wished to return voluntarily in order that his return could be 'facilitated'.

I have experience across the board in challenging detention on all sorts of bases including: SSHD failed to understand our client was British, in another case had a right of abode, in many cases had EC rights to remain, in other cases was unreturnable due to: medical conditions, country conditions or pending family court matters, challenges based upon our clients' mental health making them unsuitable for detention, and innumerable challenges to detention based upon fresh claims for asylum and trafficking issues.

I am frequently called upon in relation to; technical challenges to the powers of a court; adverse costs and other disciplinary communications from the Court, examples include;

• Chelvan v Upper Tribunal – test case on wasted costs powers of the Tribunal. Settled after the Court of Appeal granted permission to appeal.
• Abdulhamid & Ors - a group of cases that successfully challenged the Upper Tribunal’s practice of striking out judicial review claims for a minor infringement of the rules - related cases in the Court of Appeal on statutory appeal and in the Administrative Court. The Tribunal amended its practice, and the cases all settled prior to final hearings.

Additionally, I write articles for the leading Immigration Law blog Free Movement, as well as for other outlets including a leading article for the Solicitor’s Gazette. I have edited countless articles by other solicitors for publication, and I contributed the chapter on costs in the leading textbook ‘Criminal Judicial Review’ ed. Piers Von Berg. I assisted editing the e-book Costs in Immigration Cases (Colin Yeo). I have also appeared as a legal expert of Radio 5 (prisoner votes and the ECtHR), LBC (NHS charges for pregnant immigrants) and ABN (the Brexit cases). I am also a member of the Administrative Court User group which gives valuable insight into systemic issues.

I also conduct accredited training in judicial review, costs and funding matters.

• QLTT (cross-qualifying as a solicitor) 2006
• Bar Vocational Course 1999
• Post Graduate Diploma in Legal Studies 1998
• BA (Hons) Philosophy, Politics and Economics 1992

• Director at Duncan Lewis Solicitors 2008-present
• Admitted as a Solicitor 2006
• Duncan Lewis Solicitors 2002-present
• Legal consultant
• Called to the Bar 1999

• "James is an influential member of the team" - Legal 500, 2024
• "James is exceptional in his ability and his reach." - Chambers and Partners UK, 2023
• "He is a fantastic lawyer." - Chambers and Partners UK, 2023
• "James is utterly fearless; he has really good judgement and is very astute." - Chambers and Partners UK, 2023

• Next Generation Partner - The Legal 500, (2024 - 2022)
• Recommended Lawyer - The Legal 500, (2024 - 2019)
• Highly Commended for the Human Rights Lawyer of the Year award at the Law Society Excellence Awards 2021
• Recognised by Chambers and Partners 2015 for my services in Immigration law
• Recipient of the Civil Litigation Prize (Bar Vocational Course)

Supreme Court

• Odelola [2009] UKHL 25 - a landmark House of Lords decision on the status and retrospective effect of the immigration rules.

Court of Appeal

• JM (Zimbabwe) – [2018] EWCA Civ 218 - a successful Court of Appeal test case establishing that it is unlawful to prosecute for failure to cooperate in circumstances where the charge amounted to a refusal to lie


• AB [2017] EWCA Civ 59 - an important test case about the correct approach where earlier decisions, although apparently lawful at the time are later shown to be flawed


• NEA (Nigeria) – [2017] EWCA Civ 239 - Court of Appeal test case on the impact of new immigration rules.


• King's Lynn and West Norfolk Council v Bunning [2016] EWCA Civ 1037 – challenge to refusal to award costs to a Defendant who successfully resists committal for contempt of court


• ZA (Iraq) [2015] EWCA Civ 168 - an important success in the Court of Appeal, clarifying the basis of assessment of whether continuing immigration detention is ‘reasonable’


• Seherwet [2015] EWCA Civ 1141 - a Court of Appeal decision that overturned a refusal to admit our client to the UK in order to address MPs and peers - the only judicial review ever to succeed on the basis that a refusal to allow a visit to the UK would breach Article 10 (freedom of expression)


• Akpinar [2014] EWCA Civ 1363 - a Court of Appeal test case concerning the approach to the previous caselaw of the ECtHR following changes to deportation legislation


• Gudanavicine [2014] EWCA Civ 352 - a landmark Court of Appeal decision that vastly improved access to legal aid where cases fall outside of mainstream legal aid funding


• AL (Albania) [2012] EWCA Civ 710 - a Court of Appeal decision that held that the Bahta approach should apply equally to statutory appeals.


• Bahta [2011] EWCA Civ 895 - a Court of Appeal decision that revised the costs rules where judicial review litigation settles prior to a final hearing.


• Anwar & Anor v Secretary of State for the Home Department [2010] - EWCA Civ 1275 test case on the status of appeal decisions, where it later transpires that the court lacked jurisdiction.


• Odelola [2009] UKHL 25 - a landmark House of Lords decision on the status and retrospective effect of the immigration rules.

High Court

Civil Court

• TN (Vietnam) v SSHD - Test case on the effect of a legal representative withdrawing an appeal without the client's agreement. I was the advocate in the Upper Tribunal. Case Details

• TPN (FtT appeals – withdrawal) Vietnam [2017] UKUT 00295 (IAC) - Test case on the effect of a legal representative withdrawing an appeal without the client's agreement. I was the advocate in the Upper Tribunal.

• Solicitor Advocate - Higher Rights of Audience (Civil)
• Level 3 (Advanced) Immigration & Asylum Scheme
• Administrative Court User Group
• ILPA

• Successful Action by Duncan Lewis Solicitors Secures Safety for Afghan Family Hunted by the Taliban (8 March 2024)
• Duncan Lewis case highlights inexcusable delays in ARAP system (5 January 2024)
• Duncan Lewis Celebrates Exceptional Achievements in the 2024 Chambers and Partners Guide! (19 October 2023)
• Epic battle sees Duncan Lewis transform future prospects for vulnerable asylum seeker (24 January 2023)
• Judge notes Home Office’s ‘unreasonable conduct’ in immigration detention claim and orders it to pay indemnity costs (PZX v SSHD) (19 December 2022)
• Huge Success for Duncan Lewis Solicitors as Chambers and Partners 2023 Results are Released (20 October 2022)
• Appellants wanting to rely upon witness evidence by video from abroad face ominous news (Free Movement) (19 October 2022)
• Cart Judicial Reviews confuse the Administrative Court but should they be scrapped? (26 May 2022)
• James Packer Highly Commended for Human Rights Lawyer of the Year and Jeremy Bloom Wins Junior Lawyer of the Year at the Law Society Excellence Awards 2021 (8 October 2021)
• The Legal 500 2022 Success (30 September 2021)
• Duncan Lewis Solicitors shortlisted for three awards at The Law Society Excellence Awards 2021 (4 August 2021)
• Court of Appeal underlines that successful litigants should receive their costs, in test case about hidden disabilities (12 January 2021)
• Duncan Lewis Solicitors help client win an ‘earnings discrepancy’ Judicial Review (18 December 2020)
• Successful judicial review of the Tribunal (14 October 2020)
• Public law director James Packer to give specialist training for the Immigration Law Practitioners’ Association (14 November 2019)
• High Court decision on applicability of CIL reversed - Giordano Ltd, R (On the Application Of) v London Borough of Camden Council [2019] EWCA Civ 1544 (12 September 2019) (23 October 2019)
• Developer takes Camden council to Court of Appeal; Appeal could pave the way for more CIL disputes (Property Week) (9 April 2019)
• Community Infrastructure Levy (CIL) life (Local Government Lawyer) (27 March 2019)
• More relief for legal aid lawyers: government gives ground on judicial review work (Free Movement) (21 March 2019)
• Some relief for legal aid lawyers as government concedes payment for backdated work (Free Movement) (11 February 2019)
• Public Law’s Jeremy Bloom speaks at the Young Legal Aid Lawyers meeting discussing Duncan Lewis’ LAA Challenges (15 January 2019)
• Duncan Lewis succeeds in challenge over blanket Legal Aid refusals for Judicial Reviews where permission was refused on paper (20 December 2018)
• Permission granted for Duncan Lewis to challenge the Legal Aid Regulations that prevents payment where permission was refused on paper (12 October 2018)
• Strasbourg dismisses compensation claim for not allowing asylum seeker to work (Free Movement) (28 November 2017)
• The Secretary of State for the Home Department v JM (Zimbabwe) [2017] EWCA Civ 1669 (17 November 2017)
• Prosecutions for telling the truth: part deux, with added Hardial Singh (Free Movement) (7 November 2017)
• Strasbourg dismisses claim for compensation following unlawful exclusion form the labour market (11 July 2017)
• Duncan Lewis successfully challenged Upper Tribunal Rules (5 July 2017)
• James Packer was invited on ABN Radio to discuss the Supreme Court ruling on Article 50 (26 January 2017)
• James Packer was invited on ABN Radio this morning to discuss the Supreme Court decision to consider additional arguments in the ‘Brexit’ appeal (29 November 2016)
• James Packer was invited on ABN Radio following the ruling on the 3rd November that Brexit cannot begin until Parliament agrees (7 November 2016)
• James Packer appeared on ABN Radio to discuss Theresa May’s crackdown on so-called ‘Health Tourism’ (24 October 2016)
• James Packer Interviewed on Nick Ferrari show discussing FGM Deportation Matter of Nine Year Old Schoolgirl (21 March 2016)
• Duncan Lewis Immigration Public Law Director James Packer receives Chambers UK 2016 Leading Lawyer in his Field recommendation (3 November 2015)
• Duncan Lewis recognised in Legal 500 2015 as a Leading Law Firm in Immigration Human Rights and Business Immigration with five Leading Lawyers recommended (21 September 2015)
• Duncan Lewis ranked Legal 500 2015 leading law firm in Administrative & Public Law with Judicial Review Specialists Toufique Hossain and James Packer recommended (21 September 2015)
• Duncan Lewis Immigration Public Law Director James Packer receives Chambers UK 2015 Leading Lawyer in his Field recommendation (3 November 2014)
• Duncan Lewis ranked by Legal 500 2014 as a leading law firm in Immigration & Civil Liberties Judicial Reviews with Toufique Hossain and James Packer recommended (7 October 2014)
• Legal 500 2014 recognises Duncan Lewis’ specialism in Asylum & Immigration and commitment to human rights; Toufique Hossain; James Packer and Adam Tear recommended (7 October 2014)
• R oao Gundanaviciene and others v Director of Legal Aid casework [2014] EWHC 1840 (16 June 2014)
• Duncan Lewis challenge to Home Office shopping voucher reward scheme for immigration officers (16 January 2014)
• James Packer of Duncan Lewis is recognised by Chambers UK 2014 as a Leader in his Field (1 October 2013)
• Legal 500 2013 - 'Excellent' Immigration & Public Law Duncan Lewis Solicitors represent business and individual clients (1 October 2013)
• Duncan Lewis Goes European with First Full ECtHR Judgement (30 January 2013)
• Two more get Level 3 Immigration Accreditation (25 October 2010)