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Julie Anderson

BA(Hons) Oxon

Julie Anderson is a civil litigator with over 20 years experience in litigation of all forms before Courts and Tribunals. She has an in-depth practical knowledge of the procedural and strategic aspects of litigation as well as mastery of the law across the fields of public law, human rights and her specialist areas of practice. Julie appears weekly in the Court of Appeal, Administrative Court and the specialist tribunals. In addition, she acts regularly in cases before the European Court of Human Rights. She has appeared before the EU Courts along with litigating and advising on EU law across all the national courts and a variety of specialist tribunals. These include the specialist chambers of the Upper Tribunal that have a judicial review jurisdiction in addition to their statutory appeal function (Administrative Appeals Chamber, Immigration and Asylum Chamber and Tax and Chancery Chamber).

In addition to litigation she has a broad advisory practice that encompasses a variety of public bodies (from central government departments, local government and other bodies with public functions), EU institutions, commercial organisations and private clients.

Julie was appointed to the most senior of the Attorney General's Panels of Junior Counsel to the Crown (A Panel) with effect from 1 March 2012. Prior to that she was appointed to the B Panel from November 2003 - 2012 and the C Panel from November 1999 - 2003. Amongst her other appointments, she acted as Junior Counsel to a large public inquiry (Robert Hamill Inquiry). 

As part of her commercial practice Julie advises and represents a range of commercial clients across contract and tort in the context of court litigation and arbitration. Julie has particular experience of litigating damages claims (in the private law courts and alongside public law claims in the Administrative Court, Court of Appeal and the Supreme Court).

Julie read Politics, Philosophy & Economics at Oriel College Oxford (with tutor Sir Derek Morris formerly Chairman of the MMC/Competition Commission 1997-2004). She was Associate Lecturer in Economics at University of Surrey (full time then part time whilst qualifying for the Bar), and qualified with a Diploma in law from City Guildhall University.

Julie was called to the Bar in November 1993. She was awarded a scholarship and was selected by the Bar Council for a training period with the Legal Service of the European Commission (STAGE) in Brussels. She is also a Member of UK representative team with the EC Commission led APERTURE project with Imperial College London.

For 23 years Julie has been the Honorary Secretary of the association of EU barristers (the Bar European Group) since 1994. She has served on the Court of Appeal Users’ Group and has served on the Bar Council.

Specialisations: 

  • All aspects of public and administrative law
  • European Convention of Human Rights
  • EU law including competition, VAT & Duties & free movement of persons
  • Immigration & Asylum
  • Tax & Duties
  • Social Security Law
  • Commercial Litigation & Arbitration
  • Inquiry Law

Principal Cases: 

Public and Administrative law

R(O) v SSHD [2016] UKSC 19 [2016] 1 WLR 1717, (Supreme Court). O v SSHD [2015] 1 WLR 641 (Court of Appeal); Lead litigation challenging the Wednesbury test for the supervisory jurisdiction of the Court in judicial review and compatibility of policy with the ECHR.

R(TN(Vietnam) & US(Pakistan)) v SSHD and Ministry of Justice (MOJ) Appeared alone for MOJ. Lead litigation on the vires of procedural rules in the specialist statutory appeal tribunal and the effect on the lawfulness of decisions made under the rules spanning a period of 10 years.

R(AB) v SSHD [2017] EWCA Civ 59 lead litigation on the lawfulness of removal from the UK where an appeal was determined under procedural rules found to be unlawful as ultra vires.

R(Antonio) v SSHD [2017] EWCA Civ 48; Times, March 22, 2017 lead litigation on statutory scheme governing the making of deportation orders and damages for public law error.

Manrique [2016] EWCA Civ whether a liability in damages can arise for a reasonable mistake of fact/law by a public law body.

R(W) & others v Department of Health and Secretary of State for the Home Department [20115] EWCA Civ 1034 [2016] 1 WLR 698 leading decision of the Master of the Rolls on right to privacy, duty of confidentiality of medical information and statutory powers concerning data sharing.

R(Hamzeh) and others v SSHD [2014] EWCA Civ 956 and [2014] EWCA Civ 1469 [2015] ImmAR 352 [2015] INLR 272 lead litigation on delay and the doctrine of historic injustice in the context of the asylum legacy. See also R(Hamzeh) and others v SSHD [2014] EWHC 4113 (Admin).

R(Geraldo) v SSHD [2014] Imm AR 400. Lead litigation on legitimate expectation, principle of good administration and delay in the context of the asylum legacy claims.

R(MD (Angola) & Others) v SSHD [2011] EWCA Civ 1238 lead litigation on ECHR requirements and the lawfulness of UK systems concerning immigration detention of HIV+ detainees.

DA (Iran) [2014] EWCA Civ 654) lead litigation on applications for British nationality by foreign nationals involved in crimes against humanity in the context of Iranian prisons.

R(M) v SSHD [2016] EWHC 1588 litigation concerning application for British Nationality by a Kosovan national associated with war crimes by the Serbian Intelligence Service.

R(Majit) v SSHD [2016] EWHC 741 leading decision on ability to bring litigation seeking relief for a class of persons.

Immigration & Asylum

MS & MBT v SSHD and R(MS) v SSHD (Court of Appeal Judgments pending) High Court [2016] EWHC 3162 (Admin), R(G) v SSHD [2016] EWHC 3232 (Admin) and R(MS & MBT) v SSHD [2015] UKUT (IAC) 00539 in the Upper Tribunal (IAC) judicial review jurisdiction. This is the lead litigation challenging the Restricted Leave policy which applies to foreign nationals involved in terrorism, crimes against humanity, war crimes and serious criminal offences.

VOM (Error of Law: When Appealable) Upper Tribunal (Immigration and Asylum Chamber),[2016] UKUT 410 (IAC); [2017] Imm. A.R.117 leading decision on whether it is possible to appeal to the Court of Appeal from the Upper Tribunal dceision concerning an error of law in the First-tier Tribunal decision prior to the final determination of an appeal by the Upper Tribunal.

JM (Zimbabwe) [2016] EWHC 1773 (Admin); [2017] 1 W.L.R. 268 lawfulness of detention and prosecution for failure to comply with the statutory requirement to cooperate with re-documentation to enable deportation or removal.

OD (Jamaica) [2016] EWCA Civ 1218 one of many appeals to the Court of Appeal from the Upper Tribunal concerning statutory and regulatory provisions governing deportation of foreign criminals (see also DW(Jamaica) [2016] EWCA Civ 1022).

Myrie v SSHD [2016] EWCA Civ 1307 lead litigation on status of further consideration by a public body of a decision under challenge on appeal.

FR (Albania) [2016] EWCA Civ 655 [2016] Imm LR 134 lead litigation on the use of certification of appeal rights in context of asylum claims.

DZ(Eritrea) v SSHD [2017] EWCA Civ 14 litigation on damages for public law error in context of tort of unlawful imprisonment and Article 5 ECHR.

R(Moussaoui) v SSHD [2016] EWCA Civ 50 judicial review concerning legitimate expectation delay in public decision-making and historic injustice allegations.

Taylor [2015] EWCA Civ 845 decision on deportation of foreign criminals who claim to have been rehabilitated.

IR (Morocco) [2014] EWCA Civ 966 [2015] Imm AR 1 lead litigation on the requirements of the Refugee Convention in the context of the intention to persecute.

R(RN (Sri Lanka)) v SSHD  [2014] EWCA Civ 2149  interaction of EU/ECHR obligations with UK law concerning foreign criminals.

R(AN) and FA v SSHD [2012] EWCA Civ 1636 use of statements made by unaccompanied asylum-seeking minors on entry to the UK in subsequent proceedings.

Adedoyin v SSHD [2012] EWCA Civ 939 litigation concerning jurisdiction to intervene on appeal in judgments involving an Article 8 ECHR assessment.

Extradition

Troitino Arranz v Secretray of State for the Home Department ('SSHD') (appeal pending); R(Troitino Arranz) v National Crime Agency and SSHD & anor (Divisional Court) [2017] EWHC 931 (Admin).

EU

Hrabkova v Department for Work and Pensions ('DWP') (Court of Appeal judgment pending on application for a preliminary ruling from CJEU and appeal). This is lead litigation on the interaction of the right of free movement and UK social security legislation in the context of benefits available to workers but not to the self-employed exercising rights of free movement.

R(Ibrahimi & Abasi) v SSHD [2016] EWHC 2049 (Admin); same context as R(K) v SSHD (Garnham J) [2016] EWHC 1394 (Admin) [2016] 1 WLR 443 [2016] 3 CMLR 31 on appeal to Court of Appeal. Lead litigation on the compatibility of UK provisions with EU law concerning returns of asylum seekers to other EU Member States under the Dublin III Regulation and detention powers.

R(BXS) v SSHD [2014] EWHC 737 (Admin) Appeal to the Court of Appeal was relisted and the appeal withdrawn immediately prior to the new hearing due to further lead litigation in Supreme Court. This case concerned the complex interaction of EU law, ECHR and UK provisions concerning appeal rights by EU nationals against deportation.

Tax

R(Derrin Brothers Properties Ltd & others) v HM Revenue and Customs ('HMRC') [2016] EWCA Civ 15 [216] 1 WLR 2423 [2016] All ER 203; in High Court [2014] EWHC 11522 (Admin) [2014] STC 2238[2014] BTC 21. This is lead litigation on the compatibility of the UK statutory scheme for issue of information notices in tax investigations on behalf of HMG and overseas tax authorities with Article 8 ECHR and Article 1 of the First Protocol.

HMRC v Ariel (as Trustee in Bankruptcy for Simon Halibi) [2016] EWHC 1674 (ch) [2017] 1 WLR 319 [2016] BPIR 1144 [2016] BTC 27; Ariel v HMRC [2017] UKFTT 87 (TC). Lead litigation on the jurisdiction of the Registrar in Bankruptcy and the specialist tax tribunals in the context of the obligation of a Trustee in Bankruptcy to provide information to HMRC under relevant statutory powers.

R(Greater Manchester Police) v HMRC [2001] EWCA Civ 213; [2001] S.T.C. 406; [2001] B.T.C. 5111; [2001] B.V.C. 186; [2001] S.T.I. 243; Times, March 13, 2001 appeal in a judicial review of HMRC in VAT context acted for police authority .R(Greater Manchester Police Authority) v HMRC [2000] S.T.C. 620; [2000] B.T.C. 5219; [2000] B.V.C. 249; [2000] S.T.I. 819; Times, June 28, 2000.

R(National Crime Squad) v HMRC [2000] S.T.C. 638; [2000] B.T.C. 5255; [2000] B.V.C. 290; [2000] Po. L.R. 246; [2000] S.T.I. 918; Times, July 18, 2000 judicial review of HMRC acted for NCS (now NCA).

Competition

Deutsche Lufthansa AG v European Commission (T-46/11) [2016] 4 CMLR 11 acted for EU Commission in the application for an annulment of the decision in the air freight cargo cartel litigation.

Isle of Wight Council v HMRC [2006] BVC 2524 [2006] V & DR 75 [2006] STI 1367 case concerning the designation of the markets for car parks for competition law purposes applied in VAT provisions.

Social Security and Pensions

Hrabkova v Department for Work and Pensions ('DWP') (Court of Appeal judgment pending on application for a preliminary ruling from CJEU and appeal). This is lead litigation on the interaction of the right of free movement and UK social security legislation in the context of benefits available to workers but not to the self-employed exercising rights of free movement.

Kola [2007] UKHL 54 (2007) 1 SI SJLB 66 House of Lords litigation concerning entitlement to benefits of asylum seekers.

Moyna v DWP [2003] UKHL 44 [2003] 1 WLR 1929 House of Lords decision on entitlement to disability benefits.

European Convention of Human Rights/Strasbourg Litigation

VM v United Kingdom [2017] 64 EHRR 7 lead litigation challenging the UK legal regime governing immigration detention and seeking damages which was rejected by the European Court of Human Rights.

Draga v UK (Appn 33341/13) application declared inadmissible by decision dated 25 April 2017.

Ahmed v UK (Appn 59727/13) no violation of ECHR found by decision dated 2 March 2017.

JMO (Appn 54318/14) no violation of ECHR found by decision on dated 21 February 2017.

JN v UK [2016] EHRR (Appn 37289/12) decision dated 19 May 2016 finding partial violation of ECHR and remainder of application inadmissible.

Said [2016] EWCA Civ 442; [2016] Imm. A.R.1084 Court of Appeal decision concerning the requirements of Article 3 ECHR in context of deportation of foreign nationals suffering from mental illness.

Officer L [2007] UKHL 36; [2007] 1 W.L.R. 2135; [2007] 4 All E.R. 965; [2007] N.I. 277; [2007] H.R.L.R. 42; [2007] U.K.H.R.R. 1023; 26 B.H.R.C.169; [2007] Inquest L.R. 214; (2007) 157 N.L.J. 1274; (2007) 151 S.J.L.B. 1061; House of Lords decision concerning Article 2 ECHR and witness protection in the context of public inquiries.

Re Hamill's Application for Judicial Review [2008] NIQB 73 [2009] NI 103 - Article 2 ECHR claim concerning protection of witnesses and anonymity.

Public International Law

R(Majead) v SSHD - Crossborder jurisdiction between Scotland and Courts of England & Wales.

Damages

R(Kajuga) [2017] EWCA Civ 240 leading case on damages for unlawful imprisonment.

Abdi [2016] EWCA Civ 167 Court of Appeal decision on liability in damages for alleged public law error.

Fardous [2015] EWCA Civ 931 leading decision of the Lord Chief Justice on damages for unlawful imprisonment.

R(VC) v SSHD [2016] EWHC 239 (Admin) [2016] 1 WLR 3417 on appeal to the Court of Appeal. Lead litigation on liability in damages for unlawful detention in the context of a detainee suffering a lack of mental capacity.

R(ASK) v SSHD [2017] EWHC 196 (Admin) liability in damages for alleged public law errors in the context of detention policy.

R(S) v SSHD [2015] EWCA Civ 652 liability for damages for public law error and breach of statutory duty.

GB [2015] EWHC 849 (QB) vicarious liability, crown immunity, negligence and damages.

R(Mohammed) v SSHD [2014] EWHC 972 (Admin) very large damages claim against the Secretary of State for the Home Department.

Education and Career: 

Politics, Philosophy & Economics, Oriel College Oxford University. Associate Lecturer in Economics, University of Surrey. Diploma in Law, City Guildhall University. Called to the Bar November 1993. Awarded Karmel Scholarship. Awarded Pegasus Scholarship. Training period with the European Commission Legal Service, Brussels (STAGE). Appointed to the Attorney General's Panel of Standing Counsel to the Crown (C Panel) in 1999, (B Panel) in 2003 and (A Panel) in 2012. Appointed at Junior Counsel to the Robert Hamill Inquiry, 2004.

Publications: 

  • EU Handbook for Bench & Bar (contributor)
  • Former Editor of Mellows: Taxation for Executors & Trustees Contributor to The European Advocate.

Appointments and Society Memberships: 

  • Honorary Secretary to the Bar European Group (1994 to date) the Specialist Bar Association relating to EU and ECHR practice;
  • European Committee of the Bar Council;
  • Member of the Bar Council;
  • Member of European Circuit;
  • Attorney General's Panel of Junior Counsel (A Panel) (effective from 1 March 2012)
  • Former member of the Bar Council European Committee

Lectures and Teaching: 

Associate Lecturer in Economics at the University of Surrey.