Changes made to ensure advisers do not inadvertently conduct litigation and contravene Legal Services Act
The Office of the Immigration Services Commissioner (OISC) announced on Friday that it had revised its Judicial Review Case Management (JRCM) practice note as a result of the recent High Court judgment in Baxter v Doble & Anor [2023] EWHC 484 (KB) and subsequent discussions held with the Upper Tribunal (Immigration and Asylum Chamber).
Image credit: UK GovernmentBaxter v Doble & Anor raised issues around litigation being conducted by unauthorised persons in breach of the Legal Services Act 2007.
The Law Society Gazette noted about the judgment: "Mr Justice Cavanagh found the respondents had … conducted litigation on behalf of [the client] for six months in 2019 - but accepted Doble's defence that she did not know an offence was being committed. … The case has wide-ranging potential consequences, getting to the heart of issues around reserved activities and the role of unauthorised providers."
Following discussions with the Upper Tribunal in the wake of the judgment, section 2 of the OISC's JRCM practice note has now been removed to ensure that immigration advisers do not inadvertently conduct litigation and contravene the Legal Services Act 2007.
The OISC said on Friday: "This means that the OISC will now consider any work undertaken on a case after proceedings have been issued at the Upper Tribunal as conducting litigation and therefore not authorised under the JRCM category. After a judicial review claim form has been served, OISC advisers will only be permitted to liaise with the clients and counsel."
See the OISC's press release here for further information.
The OISC's updated JRCM practice note is accessible from here.