Farhan Asghar

My diverse public law and human rights practice covers police, prisons, immigration, EU Law, the ECHR, data protection, the Equality Act and planning legislation. I am regularly instructed to draft pleadings for judicial review claims and applications for injunctions.

I am able to advise on all types of cases against local authorities or government bodies, and my breadth of knowledge means I am able to help where there may be a cross over between different areas of law, such as criminal and planning law, or prison and human rights law.

Notable cases

Paling v Ipswich Magistrates Court & Anor [2021] EWHC 2739 (Admin) – I was successful in setting aside a liability order made by Ipswich Magistrates Court, on the basis of unfairness and apparent bias, in what was described as a "Kafkaesque" court hearing with the Claimant complaining about a lack of reasonable adjustments. The application for judicial review was allowed and the matter remitted back to the Magistrates Court to be heard by a differently constituted bench of judges. The matter was widely reported in the press and law gazette. 

R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480 – A case of significance important in which the Court of Appeal held that the Home Office has an implied power to delay decision making pending a criminal investigation by a different government body, whilst noting that the exercise of the power to delay must be exercised rationally.

R (on the application of RH) v Secretary of State for Justice CO/1757/2020 –  Instructed by a prisoner asking for early and compassionate release from prison, due to his various underlying health conditions, in light of the Covid-19 pandemic. The client was eventually released early from prison on special licence after proceedings were issued.

R (Khan and others) V Secretary of State for Health CO/1708/2021  – Farhan was instructed to challenge the lawfulness of the “red list” hotel quarantine system and the failure to assist families on low income to pay for mandatory hotel quarantine charges, thereby causing them to be stuck abroad. The case received wide media coverage and was settled after proceedings were issued and provision was made which assisted the Claimants’ return to the UK.

RFM, N M, I B M (A MINOR) V SSHD  HU/12528/2019 – successful appeal to the Upper Tribunal concerning the application of MK V SSHD  [2017] EWHC 1365 (Admin), where the court found a child born to Indian national parents, who had not been registered with the Indian High Commission, was stateless and therefore entitled to leave to remain with reference to paragraph 276ADE of the Immigration Rules.