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Barrister - ramby de mello

Senior Practice Manager:
Abdul Hafeez

Practice Group Clerks:
Craig Wain
Gavin John
Lucas Bennett
Chris Graham

Chief Executive & Director of Clerking
Tony McDaid

Tel: +44 (0) 845 210 5555
Fax: +44 (0) 121 606 1501
[email protected]

 

Ramby de Mello - Prison & Police Law

Ramby is a specialist barrister in judicial review and public law. He has many high profile reported cases and has appeared in the High Court, Court of Appeal, House of Lords (Supreme Court) and the European Court of Justice.

In addition he is an acknowledged expert in human rights (including being a general editor of Human Rights Act 1998 Practical Guide’ –published by Jordans) European Union law particularly in relation to anti-discrimination law, administrative law, public procurement, freedom of establishment, services and movement (including social security, immigration, crime, customs and excise) Nationality and immigration law (including national security and terrorism law).

His specialism includes child support law, social services, civil liberties, individual rights, civil actions against the state, extradition, education, prison and discrimination law. 

NOTABLE CASES

Exemplary damages against the MOJ for breach of duty, false imprisonment and breach of art 5.1 and 5.4 ECHR: Sullivan-v-MOJ Birmingham CC £3,500.  Several cases of damages claimed against the MOJ for negligence and false imprisonment – leading to settlement.

The right of a Hindu prisoner to attend his father’s funeral in accordance with article9 ECHR without being handcuffed. Test case. Final injunction granted: Birmingham Admin Court 2014: Kashyap-v-G4S Care and MOJ.

Refusing to release the claimant on home detention curfew because the Claimant was of interest to the UKBA and facing deportation: Ahmed-v-SOS Justice - judicial review.

Claim for damages by a prisoner against the Home Office who attempted suicide whilst in HMP and was in a vegetative state- negligence and breach of duty of care against the prison authorities: Bates-v-Home Office.

Judicial review – re-categorisation of prisoner from Cat D to Cat C status: DMYTRO TORKONIAK-v- HMP Sudbury – similar other cases.

Negligence claims against the HMP for personal injury arising from assaults by other prisoners: several cases of a similar nature.

Claim for damages by prisoner recalled to prison for allegedly breaching the terms of his license; damages for unlawful detention and breach of art 5: Hall-v-Home Office (settled).

Whether a prisoner was detained or arrested under the Immigration Act 1971 – test case Sadiqi-v-HO (the High Court distinguished an arrest from statutory detention).

Claim for damages by prisoner against UKBA for false imprisonment: Omar-v-UKBA; Muslomovic-v-HO damages awarded –

Several similar claims for damages for unlawful detention.

Whether there was power to detain a foreign national liable to removal in such places as the SSHD may direct –Eduardo-v-HO Judicial review.

The power of the Revenue and Customs to retain the Czech passports of and birth certificates: Lukova-v-Revenue and Customs – judicial review.

The accidental removal of a British citizen detained in a police station to Nigeria – an injunction seeking her return: Aderemi Odediran-Adeoye-v-HO (case settled).

The wrongful removal of an Albanian prisoner to Kosovo – claim for injunction and damages in judicial review proceedings transferred to the QBD: Yemeri-v-HO – damages awarded.

Third country foreign national seeking to challenge detention and deportation rules incompatible with anti-discrimination rules and incompatible with EU law: Nouzali-v-SSHD 2013 Court of Appeal.

Claimant, placed in a hospital and not in prison following conviction for murder under s 47/49 Mental Health Act 1983, has the effect of placing him for benefit purposes (income support) as if he was not a person who is detained or liable to be detained under the Mental Health Act 1983 but instead he should be treated as an inpatient in hospital: test case Cuenca-v-DWP Admin Ct.

Prisoner applying for permission to marry in a registry without being handcuffed- injunction granted: Mergim Lajqi-v-Home Office –Admin Ct 2014.

Damages claim by family of prisoner who committed suicide whilst in HMP: McGarthland-v-HO. 

QUALIFICATIONS

BA, MA, LLB, LLM

RECOMMENDTIONS

...another established immigration practioner...peers were full of praise for the "imaginative way in which he constructs his arguments".
Chambers UK 2010

..."admired in this field".
Legal500 2009