Abid Mahmood appears for successful company in Civil Penalty Appeal

Mon, 03 Sep 2018

The Home Office was ordered to pay £10,000.00 costs following a hearing at Reading County Court before HHJ M Clarke, the Designated Civil Judge.

Abid Mahmood appeared for BH Limited. He had contended that the Home Office had wrongly brought proceedings under the Immigration and Nationality Act 2006 and had wrongly issued a Civil Penalty Notice.

There had been a ‘raid’ at the company’s premises whereby even the executives and others were lined up by the Home Office for finger prints and questioning. These executives were British or settled in the United Kingdom.

The case centred on the meaning, effect and vires of the relevant legislation and regulations and included arguments that the process used by the Home Office contravened Race Relations Acts/Regulations and breached human rights.

After a contested hearing with evidence, the Judge concluded without having to decide all of the issues, that the company’s appeal had to succeed. The Judge overturned the Civil Penalties imposed by the Home Office which had said that the company should pay some £20,000.00 in fines. The Judge instead ordered that the Home Office pay the company its legal fees of £10,000.00.

Abid Mahmood had contended that the company had applied a high level of care in checking the papers and documents of all its workers. By allowing the appeal and ordering the Home Office to pay the company’s costs, the Judge agreed.

 

Abid Mahmood is a member of the following groups at No5 Barristers' Chambers: Commercial and Chancery, Court of Protection, Immigration, International Arbitration and Trade, International Human Rights, Public Law and Sports and Media Law. 
You can view Abid's profile here: https://www.no5.com/barristers/barrister-details/226-abid-mahmood/

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