Sam Karim
Practice Areas:
Practice Area CVs:
Year of Call: 2002
Practice:
Administrative & Public Law including:
(i) All Judicial Review;
(ii) Community Care;
(iii) Mental Capacity/Court of Protection
(iv) Immigration & Asylum
(v) Prison Law; and
(vi) Human Rights & Disability Discrimination.
Profile:
Sam is an established public law practitioner across broad field of judicial review matters, particularly in community care, immigration, social welfare, prison and human rights and acts for both Claimants and Defendants. He is a member of the Attorney General's Regional Panel and undertakes judicial review work for central government. He also specialises in mental capacity related claims arising in the Court of Protection or otherwise.
Sam is an author and assistant editor of a forthcoming Judicial Review Book with Frances Patterson Q.C (Public Law, Law Commissoner) which is due to be published this year.
Sam was the founding member of the Kings Community Care and Disability Rights Association established in the Spring of 2008. In addition, he was also a founding member and is presently Acting Chair of Northern Administrative Law Association (NALA) which was set up in October 2008. Sam was also heavily involved in the Regionalisation of the Administrative Court Project. He was the Chairperson of the Legal Aid Working Group and co-chaired the Training Working Group with Rabinder Singh Q.C.
A precise of Sam's work can be exemplified from the following cases:
Community Care/Housing
Mrs M Local Government Ombudsman, 22/10/09. A family, including two seriously disabled children, represented by Sam spent three years in unsuitable accommodation as a result of failures by a Council, found the Local Government Ombudsman, Anne Seex. In her report, she says: "The underlying cause was ineffective management that can fairly be described as 'institutionalised indifference' - not only to the boys' needs and their mother's plight, but to the Council's duties and responsibilities."
R v. Rochdale Metropolitan Borough Council ex p. Michael Woods [2009] EWHC 233 (Admin). A community care case with overreaching mental capacity/health issues.
R (Eric Hollingworth) v. East Lancashire Primary Care Trust (2007). A community care case where the Claimant sought to be removed from his care home due to neglect and inadequate care (please see http://news.bbc.co.uk/1/hi/health/4924484.stm )
R (Johnina Hagel) v. Liverpool City Council (2007). A community care claim that sought the increase of care provisions of a disabled individual in receipt of community care provisions (please see http://www.liverpoolecho.co.uk/liverpool-news/local-news/2007/07/03/plight-of-helpless-victim-of-stroke-100252-19395221/ )
Immigration
R (on the application of Alam) v. Secretary of State for the Home Department [2010] EWHC 1303. It was open to the Secretary of State for the Home Department to certify a claimant's claims for leave to remain in the United Kingdom and asylum on the basis that his removal from the United Kingdom would infringe his rights under the European Convention on Human Rights 1950 s.1 art.8 as clearly unfounded in circumstances where there was no prospect of an immigration judge concluding that the interference with his family's private and family life which would result from the family's removal to Bangladesh would be disproportionate to the legitimate public need to maintain a fair and effective system of immigration control.
R (on the application of Mohamed) v. Secretary of State for the Home Department [2010] EWHC 1244. Successfully argued that factors to be considered when deciding whether the secretary of state had demonstrated a reasonable prospect of removing a deportee within a reasonable time, and hence that continued detention was not in violation of the European Convention on Human Rights 1950 art.5, included the length of detention, obstacles in the path of deportation, diligence and effectiveness of steps taken towards deportation, specific adverse effects on deportee or his family, risk of absconding, likelihood that country of origin would accept the deportee and a decision by the Asylum and Immigration Tribunal that continued detention would be lawful.
R (on the application of Sanyalou) v. Secretary of State for the Home Department [2010] EWHC B9 (Admin). Where the Court clarified the test for certifying cases as "clearly unfounded" within the context of Article 8.
R (on the application of Sarwat) v. Secretary of State for the Home Department [2009] EWHC 2825 (Admin). Where the Court gave guidance on what amounts to 'fresh submissions' relating to a fresh claim under Immigration Rule 353.
Court of Protection
MB & Others [2009] EWHC 1686 (Fam) & [2009] EWHC 2061 (Fam). Where the Court of Protection gave key guidance on the ability and capacity of a Financial Deputy to bring welfare and best interest application of behalf of the protected individual
Prison
R (on the application of McDonagh) v. Secretary of State for Justice [2010] EWHC 369 (Admin). Successfully argued that the secretary of state reasonably concluded that a prisoner released on licence had breached a condition of the licence, then revocation of the licence and recall of the prisoner was lawful.
R v. The Parole Board & Secretary of State for Justice ex p. Brian Boswell [2009] EWHC 2049 (Admin). Successfully argued that the parole board and the secretary of state was in the process of addressing what had been a problem in arranging for timely hearings to review the legality of detention after the expiry of the tariff in sentences of imprisonment for public protection. Applications for judicial review made on the basis of delay in arranging a timely hearing, where the claimant could not demonstrate that he would have been released at such a hearing, were to be refused.
R v. Secretary of State for Justice ex p. AS [2009] EWHC 1315. A prison law case regarding life sentence prisoner's compassionate release on medical grounds.
General Judicial Review/Human Rights
R v. The Healthy Futures Joint Committee of Primary Care Trusts ex p. F & Anor & Others [2007] EWCA 1611 (Admin). Consulation case involving closure of Rochdale's A & E unit (please see http://news.bbc.co.uk/1/hi/england/manchester/6733693.stm
Hinds v Liverpool City Council [2008] EWHC 665 (QB): Human Rights claim brought by the Claimant alleging multiple breaches of Article 8 of the ECHR surrounding family proceedings where the Court concluded that a claim that amounted to an attempt to re-litigate old proceedings for the simple reason that the claimant disagreed with their original outcome was a course of action that could not be tolerated.
Recommendations:
Legal 500 2010:
"provides advice in a clear and concise manner"
Memberships:
Administrative Law Bar Association, Committee Memver
Northern Administrative Law Association, Acting Chair
Northern Circuit
Associate Fellow of the Institute of Advanced Legal Studies
Panels:
Junior Counsel to the Crown (Provincial Panel)
Approved Counsel for Immigration & Asylum Laws
Public Law Supervisor for Law Centres
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