Herbert
Anyiam

With a focus on identifying and challenging unlawful decisions/acts and omissions of public bodies by way of judicial review and appeals to the Court of Appeal, Herbert practises in the following areas: - Local Authority Community Care assessments. - Immigration, Nationality, Asylum, Human Rights and EU immigration law. - Challenging licencing decisions by Local Authorities, Transport for London, DVLA, etc. - DWP Welfare Benefit decisions. - Challenging sanctions, contract notices and other unlawful decisions of the Legal Aid Agency against solicitors. - Challenging public law and human rights issues in the criminal justice and prison systems.

- International Maritime Regulatory Compliance, including disputes relating to Port and Flag State Control. - Representing clients in maritime regulatory enforcement actions and defending criminal prosecutions by the Maritime and Coast Guard Agency. - Disputes arising from nationality and registration of vessels. - Maritime Security and Piracy. - Law of the Sea. - International Administrative law.

- Advising/assisting solicitors in regulatory investigations and disciplinary action by SRA. - Representation before the Solicitors Disciplinary Tribunal and the High Court. - Advising/assisting medical and other professionals in dealing with regulatory investigations and disciplinary action by regulators.

- Representing parents in contested care and adoption proceedings initiated by local authorities. - Representing parents contesting applications for Female Genital Mutilation Protection Orders (FGMPO) by Local Authorities. - Advising and representing parents in international child abduction proceedings. - Advising and representing clients before the Court of Protection.

- Providing advice and assistance to clients on contentious and non-contentious employment matters including discrimination, victimisation and harassment; unfair and wrongful dismissals; breach of contract; unlawful wage deductions; disputes arising from redundancies and TUPE; whistleblowing. - Providing advice and drafting settlement agreements. - Representing clients in Employment Tribunals.

- Member of the Chartered Institute of Arbitrators - Member of the Association of Regulatory & Disciplinary Lawyers - Member IMO Rota of Expert Consultants - Supporting Member London Maritime Arbitrators Association (LMAA)

SE -v- CE [2020] EWHC 1839 (Fam) High Court Family Division: International child abduction; removal of three young children from England to Nigeria by the Respondent Father without Applicant Mother’s consent. Successfully persuaded the court to find that the children remain habitually resident in England and that there is no ground for the proceedings to be stayed on grounds of forum non conveniens . CJ -v- Baia Mare Court, Romania (2020) Administrative Court: Extradition appeal against order of City of Westminster Magistrates Court. British Transport Police -v- CD & Ors (2020) Inner London Crown Court: Representing one of twelve defendants in a multi-handed criminal prosecution involving production and distribution of counterfeit Travel Cards with estimated revenue loss to Transport for London in excess of £20 million. R -v- IM (2019) Court of Appeal Criminal Division: Successful appeal against sentence for rape. 7 years sentence reduced to 5 years. JK, R (on the application of) -v- Sec. of State for Home Dept. (2019) Upper Tribunal IAC: Judicial Review, successful challenge against refusal of entry clearance for a 7 months old child to be brought to the UK for pre-paid private medical treatment for urgent eye surgery. Matter settled by consent; entry clearance issued forthwith, following grant of permission with directions for expedited hearing. AA -v- The Solicitors Regulation Authority [2019] EWHC 707 (Admin) (26 March 2019). Extension of time granted for late appeal against judgment of the Solicitors Disciplinary Tribunal. https://www.bailii.org/ew/cases/EWHC/Admin/2019/707.html Antoniak, R (on the application of) -v- Westminster City Council [2019] EWHC 3465 (Admin) (18 Dec. 2019) . Successful challenge against unlawful care assessment carried out by the council. https://www.bailii.org/ew/cases/EWHC/Admin/2019/3465.html Solicitors Regulation Authority -v- AA & Ors (2018) Solicitors Disciplinary Tribunal: Challenge against allegation of dishonesty on the basis that a solicitor was reckless, but not dishonest. YN, R (on the application of) -v- Sec. of State for Home Dept. (2019) Upper Tribunal IAC: Judicial Review, injunction granted to stay the removal of EEA National to Sweden, pending determination of appeal against deportation. Law Society -v- OA (2018) High Court, Business & Property Court: Adequacy of undertaking as to damages; Law Society’s application for an order to be made against the defendant pursuant to paragraphs 9(4), 9(5A) and 10(1) of Sch. 1 to the Solicitors Act 1974 following intervention. Financial undertaking offered by the Law Society doubled by the court. Sec. of State for Home Dept. -v- TY & Dependants (2018) Upper Tribunal, Immigration and Asylum Chamber; determination of the First Tier Tribunal allowing appeal of a family with a child over 7 years old affirmed. R -v- ME (2018) Bexley Magistrates Court: Successful challenge for lack of proper identification carried out by the police before charge. Prosecution discontinued. R -v- AF (2017) Bromley Magistrates Court: Acquittal of defendant charged with theft of goods valued at £5k with successful submission of no case to answer based on the second limb of Galbraith Test . R -v- MW (2017) Camberwell Magistrates Court: Securing acquittal at trial for defendant charged with common assault and obstructing a constable. SAMPLE OF CASES CONDUCTED AS SOLICITOR Community Care / Welfare Rights R -v- Greenwich London Borough Council Ex parte Moult [1998] EWCA Civ. 1048, Court of Appeal, Judicial Review, challenging decision of the Housing Benefit Review Board. R -v- The Benefits Agency Ex parte JR (1999): Judicial Review, Administrative Court: challenging refusal of Disability Living Allowance. R (on the application of GS) -v- LB Merton and National Asylum Support Service (2002) Administrative Court: Judicial Review, obtaining emergency injunction to prevent the council from terminating support for subsistence and accommodation for a single parent with two young children who was diagnosed as HIV positive. R (on the application of VL) -v- LB Lambeth (2002) Administrative Court: Judicial Review, challenging refusal of the council to carry out community care assessment for a single parent / mother with no recourse to the public funds, whereas the child is a British citizen. Compelling the council to provide interim support pending assessment. R (on the application of HF) -v- LB Wandsworth (2003) Administrative Court: Judicial Review, challenging refusal of the council to carry out community care assessment for an asylum seeker with mental disability and compelling the council to provide interim support pending assessment. R (on the application of EK) -v- LB Croydon & National Asylum Support Service (2003) Administrative Court: Judicial Review; obtaining emergency injunction to compel the council to provide emergency accommodation for a 16 year old female unaccompanied minor asylum seeker after she was asked to leave her hostel accommodation on the basis that NASS had stopped payments. R (on the application of EO) -v- LB Croydon (2004) Administrative Court: Judicial Review; obtaining emergency injunction against the council to provide accommodation and subsistence for a single parent who is a returning British citizen with no recourse to public funds because she did not satisfy the Habitual Residence test. LB Croydon -v- JT (2004) Croydon County Court: successful challenge against decision of the council to evict a mentally disabled client from her home following complaints of nuisance by her neighbours. R (on the application of CB) -v- LB Croydon (2005) Administrative Court: Judicial Review claim against the council for refusing to carry out any (or adequate) community care assessment for a severely disabled client confined to a wheelchair threatened with eviction from temporary accommodation. Secured compliance with terms of agreed consent order by service of Penal Notice on the Chief Executive and Director of Social Services. R (on the application of BS) -v- LB Croydon (2006) Administrative Court: Judicial Review claim; challenging refusal of the council to carry out community care assessment for a single mother who faced imminent homelessness; compelling the council to provide interim support pending assessment. R (on the application of ‘H’ Solicitors) -v- Legal Services Commission (2010) – Administrative Court: Judicial Review claim; challenging disputed Peer Review result. Settled by consent for another Peer Review to be carried out. R (on the application of HA) -v- LB Croydon (2012) Administrative Court: Judicial Review; challenging refusal of the council to withdraw liability order for business rates billed to the wrong party. Matter was settled by consent after the council agreed to withdraw the bills for business rates. Immigration / Asylum R -v- SSHD, Ex parte MA (1999) Administrative Court: Judicial Review claim resulting in recognition of the claimant as a refugee on grounds of being a Somalian of the Bravanese minority ethnic group. Settled by consent with payment of compensation to the claimant for being detained in prison from date of arrival in the UK. SSHD -v- Z, A & M ( 2002) EWCA Civ.952 (represented “A” in a conjoined appeal); Court of Appeal allowed appeal by “A”, a Zimbabwean homosexual asylum seeker on the grounds that his removal from the UK will separate him from his partner; therefore expulsion of “A” will interfere with his Article 8(1) rights under the ECHR. R (on the application of AD) -v- SSHD ( 2002) Administrative Court: Judicial Review; obtained emergency injunction to stay scheduled removal of an Albanian asylum seeker on the basis that only the refugee convention (but not the human rights) aspects of the claim was considered. MO -v- SSHD (2002) Court of Appeal Civil Div. appeal against refusal of asylum on grounds of imputed political opinion in Nigeria. R (on the application of SG and dependant) -v- Sec. of State for Home Dept (2003) Administrative Court: Judicial Review; challenging refusal of asylum for a Ugandan single parent / father and dependent child. MM -v- SSHD (2003) Court of Appeal Civil Div. Appeal against refusal of asylum / leave to remain on humanitarian grounds for a Ugandan national on the basis that removal will disrupt her ongoing psychiatric treatment in the UK. BK -v- SSHD (2004) Court of Appeal Civil Div. Appeal against refusal of asylum for Zimbabwean national in receipt of medical treatment following diagnosis of HIV. R (on the application of SG) -v- SSHD (2004) Administrative Court: Judicial Review claim; obtaining emergency injunction to stay removal of a South African national whose wife was lawfully in the UK as a work permit holder. R (on the application of EL) -v- SSHD (2005) Administrative Court: Judicial Review claim against removal directions for a failed asylum seeker from Uganda on grounds of Article 8 rights. Settled by consent with offer of limited leave to remain. R (on the application of EM) -v-SSHD (2005) Administrative Court: Judicial Review; obtained emergency injunction to stay the removal of the claimant to Jamaica on grounds of disputed identity / nationality. R (on the application of RM) -v- SSHD (2006) Administrative Court: Judicial Review; obtained emergency injunction to stay removal of a Ghanaian national with a child who is a British citizen. Settled by consent. SSHD -v- BM (Nigeria) ( 2006) Court of Appeal Civil Div; Appeal against decision of the Upper Tribunal to set aside the First Tier Tribunal’s determination which allowed the appellant’s appeal against refusal of leave to remain / settlement as a pensioner who had lost her indefinite leave to remain. FG (Liberia)-v- SSHD (2008) Court of Appeal Civil Div. Appeal against refusal of leave to remain for a mentally ill / failed asylum seeker married to a British citizen with children who are British citizens. [Truncated for HubDB import]