Melanie Plimmer
Practice Areas:
Practice Area CVs:
Year of Call: 1996
Public law: all types of judicial review applications but particular experience in those which relate to Immigration, Asylum, Nationality, National Security, Prison, Equality, Discrimination, Employment, Community Care, Local Authority law.
Profile and Notable cases
Judicial review
Regularly advises claimants, NGOs, local authorities and trade unions on a wide range of proposed applications for judicial review. Has been involved in a number of important judicial review cases, particularly since the opening of the Administrative Court in Manchester and Leeds, where applications and hearings are being listed far more quickly than in London. Has conducted training on behalf of the Equality and Human Rights Commission and the Public Law Project on judicial review and continues to provide bespoke in-house training in this area.
Immigration, Asylum and Nationality law
With the benefit of 14 years extensive experience in Immigration and Asylum law, practice now concentrates on cases in the Upper Tribunal (Asylum and Immigration Chamber), Court of Appeal and Administrative Court, complex advisory work and national security.
Undertakes a wide range of advisory work for local authorities, family, personal injury and employment solicitors on specific immigration issues. Particular experience in advising on allegations of employing illegal workers. Recently assisted in securing the successful withdrawal of a very high civil penalty against a large company.
Fee-paid Deputy Judge of the Upper Tribunal (Immigration and Asylum).
Contributor to the 5th and 6th Edition of Macdonald's Immigration Law and Practice.
National Security
Represents those claimants involved in SIAC and control order proceedings.
Considerable experience gained as a Special Advocate in national security cases since 2007.
Has recently appeared as Special Advocate in Bank Mellat v HM Treasury [2010] EWHC 1332 (QB) in which Mitting J upheld the lawfulness of the Financial Restrictions (Iran) Order 2009 which directed that all persons operating in the UK financial sector must not enter into, or continue to participate in, any transaction with BM. The Court of Appeal had earlier confirmed that the principles in AF (no 3) apply to these proceedings in Bank Mellat v HM Treasury [2010] EWCA Civ 483.
Employment and Discrimination
Practice focuses upon broader discrimination issues and employment / discrimination issues with a public law overlap.
Cases
Judicial review recent cases
Hoole (R on the application of) v Parole Board [2010] EWHC 186 (Admin) (insufficient compassionate grounds for PB to provide a prioritization hearing)
Pennington (No 2) (R, on the application of) v Parole Board [2010] EWHC 78 (Admin) (Claimant awarded £1750 in damages arising out of some three months delay on the part of the PB)
Gregson (R on the application of) v Parole Board [2009] EWHC 3639 (Admin) (Court accepted the claimant's argument that the Parole Board had not properly addressed the relevant triangulation of interests in relation to a closed document before it and ordered a reconsideration of the decision not to release a prisoner)
Pennington (R, on the application of) v Parole Board [2009] EWHC 2296 (Admin) (Unexplained Parole Board delay in issuing directions and in reaching its decision, in respect of a prisoner the Parole Board ordered release, constitutes a breach of Article 5(4) entitling the Claimant to damages)
Riley (R, on the application of) v Governor of HMP Frankland [2009] EWHC 2146& 2147 (oral hearing must be held in light of prisoner's medical condition and reports)
Storm (R, on the application of) v CART 9 July 2009 (no requirement to hold an oral hearing)
Card (R, on the application of) v SSHD [2009] EWHC 2128 (Admin) (refusal to accept fresh human rights claim based on Article 8 analysis of House of Lords decisions quashed)
AS (R, on the application of) v SSJ [2009] All ER (D) 108 (Jun); [2009] EWHC 1315 (Admin) (insufficient reasons provided for refusal of compassionate release on grounds of ill-health)
James and Lee v SSJ [2009] UKHL 22 (no breach of Art 5 in failure to provide an effective Parole Board hearing); SSJ v Walker and James [2008] EWCA Civ 30 (Minister of Justice acted "unlawfully" - IPP sentences)
Immigration recent cases
TF (Angola) v SSHD CA, 15 July 2009 (fresh evidence insufficiently clear to render AIT decision unfair)
IA (Syria) and SA (Syria) v SSHD (CA Civ Div) [2007] All ER (D) 211 (Nov) (Amnesty International and expert evidence must be accorded greater weight)
K and Fornah v SSHD [2006] UKHL 46 (women and family members can be a "particular social group" within the Refugee Convention)
RG (Ethiopia) v SSHD [2006] EWCA Civ 339 (Kenyan women can constitute a "particular social group"
Hatungimana v SSHD (CA Civ Div) [2006] All ER (D) 281 (Feb) (clarification of Court of Appeal's jurisdiction to remit cases to AIT)
R and others v SSHD [2005] EWCA Civ 982 (guidelines on the 'error of law' jurisdiction of the AIT)
Liu v SSHD [2005] 1 WLR 2858 (persecution may serve to create or identify a particular social group)
National Security recent cases
Bank Mellat v HM Treasury [2010] EWHC 1332 (QB)
Bank Mellat v HM Treasury [2010] EWCA Civ 483.
AR v SSHD [2009] EWHC 1736 (Admin) (Modifications sought refused)
SSHD v AV [2009] EWHC 902 (Admin) (Control order revoked)
SSHD v AR [2008] EWHC 3164 (Admin) (Control order upheld)
SSHD v AR and others [2008] EWHC 2789 (Admin) (generic determination of the risk to national security posed by members of the LIFG)
Employment / Discrimination recent cases
Bayode v Chief Constable of Derbyshire [2008] UKEAT 0499
Harris v NKL Automotive Ltd & Anor [2007] UKEAT 0134
Oyarce v Cheshire County Council [2007] ICR 1693
Recommendations/ Memberships/Publications
"Imaginative, creative and clearly at the forefront of the law" Chambers & Partners 2009
"her work...'sets her apart from the norm and she has set the standards for others to follow'..." Chambers & Partners 2008
"...strong legal mind and court presence" Legal 500 2007 & 2008
"Her...'knowledge of the law is phenomenal'..." Chambers and Partners 2007
Memberships
Immigration Law Practitioners Association (ILPA)
Member of the Northern Circuit Free Representation and Advice Service
Manchester Prison Law Practitioners Group (MPLPG)
Association of Prison Lawyers (ALA)
Northern Administrative Law Association (NALA)
Member of the Trinidad and Tobago Bar
Career & Education
Garden Court North Chambers 1997-2009
Bar Vocational Course 1995-1996
Refugee Legal Centre 1996
LLM in Employment law, London University 1993-1995
LLB (Honours) 2:1, Bristol University 1990-1993
