Jennifer Lanigan

Jennifer frequently appears on behalf of Appellants in the First-Tier Tribunal and Upper Tribunal in asylum, deportation and human rights appeals. She has experience of representing vulnerable clients including victims of torture and victims of trafficking. As well as advisory work, Jennifer has experience of drafting grounds of appeal and grounds for judicial review, often under significant time pressure. Jennifer regularly provides representation via Bail for Immigration Detainees and frequently secures bail for clients including those without financial condition supporters. In appropriate cases, Jennifer is willing to act on a pro bono basis.

Highlights of recent work include:

• TS v SSHD (UKUT PA/02748/2020): successful appeal on behalf of TS, an Ethiopian OLF supporter, against the First Tier’s decision to refuse him protection.

• KS v SSHD (2021): successful asylum appeal on behalf of KS, a Sikh separatist and political activist. Jennifer helped KS secure protection on the basis of his sur place activities in light of the recent increasing hostility of Indian authorities towards pro-Khalistan political activism.

• RG v SSHD (2021): appeal against the decision to deprive the appellant of his British citizenship under section 40(3) of the British Nationality Act 1981 (as amended).

• AA v SSHD (2019): successful appeal against the revocation of the client’s refugee status; the case involved written representations from the UNHCR.

• Lusas v SSHD (UKUT DA/00171/2019): appeal against a deportation order; the appellant had been convicted of thirteen offences in a six-to-seven-year period. The decision of the Upper Tribunal referred to Jennifer’s ‘entirely sensible (if not ultimately persuasive) submissions’.

Children

Jennifer has experience representing clients at all stages, from case management hearings and applications to fact-finding and final hearings. She regularly acts in private proceedings involving Child Arrangements Orders, Specific Issue Orders, Prohibited Steps Order and Special Guardianship Orders. Jennifer also has particular experience in both seeking and resisting Non-Molestation Orders and Occupation Orders.

Highlights of recent work include:

• Y (disclosure to MPS) [2021] EWFC B33: application in the High Court for disclosure of documents in family proceedings. Jennifer was instructed, alongside Ben Haseldine, to represent the MPS. The case concerned Baby Y, a child born to parents A and B, both of whom were minors and siblings.

• R v R (2021): successful outcome at a final hearing in an application for a Special Guardianship Order.

• Re KS (2019): successfully represented the respondent mother in a multi-day fact-finding hearing, where all seven of the mother’s allegations were found to be proved.

Matrimonial Finance

Jennifer regularly acts for clients in matrimonial finance proceedings at all stages, from preliminary advice, through to interim applications and to final hearings. She has particular experience with sensitive and vulnerable clients and is frequently able to secure a positive settlement at an early stage of proceedings.

Probate / Inheritance

Jennifer accepts instructions in claims under the Inheritance (Provision for Family and Dependants) Act 1975 and in probate claims. During pupillage, she gained experience in this area, especially of successful mediations involving adult children of the deceased.

Jennifer has a rapidly growing public law practice. She is frequently instructed in cases involving breaches of the Human Rights Act 1998 and the Equality Act 2010. She has a particular interest in this area, having focused on public law and human rights law during her master’s degree at LSE. In addition, Jennifer is regularly instructed to provide advice and representation in the context of regulatory and disciplinary law.

Jennifer has experience of a wide range of issues including disability discrimination, discrimination on the basis of religion, victimisation, harassment, and unlawful detention. She is currently instructed on a number of challenges against the Secretary of State for Justice arising from alleged violations of prisoners’ rights. Jennifer accepts instructions to provide advice pre-issue, as well as instructions to provide subsequent representation at CCMC and other interim hearings, through to trials. In appropriate cases, Jennifer is willing to act on a pro bono basis.

In her first two years of practice, Jennifer appeared unled in the Court of Appeal, in the case of R (Lopes) v SSHD & Anr [2021] EWCA Civ 805. The Respondents were represented by Queen’s Counsel. The case concerned a challenge against the Respondents’ refusal to remove the Appellant under the Tariff Expired Removal Scheme, despite him having served his minimum tariff, due to an extant extradition request. The challenge was brought, inter alia, on the basis of a violation of Article 5 ECHR. The hearing was selected for live-streaming due to being a matter of ‘legal significance or public importance’. The judgment can be accessed here.

Jennifer appears on behalf of both claimants and respondents in the First Tier Tribunal. She has successfully represented clients at all stages, from preliminary hearings through to final hearings. This includes experience of dealing with Rule 50 orders, strike out applications, and costs applications. Jennifer also has experience of successfully negotiating settlements.

Jennifer has a strong civil practice. She regularly appears in the County Court in fast-track applications, costs and case management hearings, disposal hearings, and trials. She is experienced with seeking and resisting strike out applications, as well as applications for relief from sanctions. Jennifer has experience in road traffic claims, aviation claims, as well as employer’s liability and public liability proceedings. Jennifer also undertakes drafting and advisory work.

‘DNA testing: time for change?’, co-authored with Chris Bryden, Family Law Journal, October 2019