Ramby de Mello

Viewing: Prison and Police Law for Ramby de Mello

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.
“He is an innovative lawyer, very good at picking a point and running with it. He has impressively deep legal skills.”
Chambers UK 2021
“He thinks of new legal arguments on his feet spontaneously and has a natural flair in the court. He is a very creative barrister.”
Chambers UK 2019
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 GBP3,500.
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.
Ahmed-v-SOS Justice - judicial review.
Refusing to release the claimant on home detention curfew because the Claimant was of interest to the UKBA and facing deportation:
Bates-v-Home Office.
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
DMYTRO TORKONIAK-v- HMP Sudbury – similar other cases.
Judicial review – re-categorisation of prisoner from Cat D to Cat C status
Negligence claims against the HMP for personal injury arising from assaults by other prisoners: several cases of a similar nature.
Hall-v-Home Office (settled)
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
Sadiqi-v-HO (the High Court distinguished an arrest from statutory detention).
Whether a prisoner was detained or arrested under the Immigration Act 1971 – test case
Omar-v-UKBA; Muslomovic-v-HO damages awarded
Claim for damages by prisoner against UKBA for false imprisonment
Several similar claims for damages for unlawful detention.
Eduardo-v-HO Judicial review.
Whether there was power to detain a foreign national liable to removal in such places as the SSHD may direct
Lukova-v-Revenue and Customs – judicial review.
The power of the Revenue and Customs to retain the Czech passports of and birth certificates
Aderemi Odediran-Adeoye-v-HO (case settled).
The accidental removal of a British citizen detained in a police station to Nigeria – an injunction seeking her return
Yemeri-v-HO – damages awarded.
The wrongful removal of an Albanian prisoner to Kosovo – claim for injunction and damages in judicial review proceedings transferred to the QBD
Nouzali-v-SSHD 2013 Court of Appeal.
Third country foreign national seeking to challenge detention and deportation rules incompatible with anti-discrimination rules and incompatible with EU law
test case Cuenca-v-DWP Admin Ct.
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
Mergim Lajqi-v-Home Office –Admin Ct 2014
Prisoner applying for permission to marry in a registry without being handcuffed- injunction granted
Damages claim by family of prisoner who committed suicide whilst in HMP

Latest News & Publications

Supreme Court dismisses SSHD’s appeal in the case of HA and RA (Iraq) v SSHD. An important decision on the deportation of foreign criminals with children in the UK...

Date: Wed, 20 Jul 2022
An appellant whose appeal against deportation on human right grounds failed in the Court of Appeal and following the refusal of leave to appeal from the Supreme Court nevertheless succeeded in obtaining leave to remain from the UK Government after making a complaint to the Strasbourg Court....

Date: Mon, 29 Nov 2021
Counsel from No5 represented parents who have been fighting for the right to protest...

Date: Tue, 03 Dec 2019