Members of Chambers - Rambert de Mello

Call: 1983

Qualifications: B.A., M.A. LLB (Hons), LLM

Areas of Practice
Public Law, Social Security, Immigration, Asylum, Local Government, Civil Actions Against the Police, Discrimination, Employment, Education, Prison Law, Mental Health, Housing, Planning, Extradition, Human Rights, EC Law

Background
Ramby began his legal career working in the Citizen's Advice Bureau network before moving into private practice. He has a particular interest in cases where the rights of the individual and public authorities are in issue. He is regularly instructed by the Commission for Racial Equality (CRE) and has also been instructed by the Equal Opportunities Commission (EOC). He has been involved in a number of cases on European Community law, including those on free movement of goods and persons, social security and Equal Treatment and has represented clients in human rights test cases in the High Court, Court of Appeal, House of Lords and European Court of Justice. He is accepted to be an expert on judicial review and immigration law. Many of his cases have attracted widespread media interest for example:-
(i) R-v-the Ministry of Defence ex parte Smith (CA) QB 517 (ban on homosexuals serving in the Armed Forces)
(ii) Ex parte Scullion (state liability for non-transposition of EC Directives in social security law)
(iii) Ex parte Wolke (HL) [1997] 1 WLR 1640 (EC law and Social security)
(iv) P-v-S C13/94 [1996] ICR 795 ECJ
(v) Manjit Kaur ECJ

Teaching and Training
He is regularly asked to speak at meetings and conferences dealing with human rights issues, including those within the NHS context.

Publications
General Editor "Human Rights Act 1998 - A Practical Guide" (Jordans) His other published works include a chapter on Immigration and Nationality for the Discrimination Law Association book entitled "Making Rights Real" (a handbook on challenging racism and racial discrimination under the Human Rights Act) and contributions to the Bar Council Human Rights Handbook (Study Guide). He has also written a book for the NHS and Local Authorities on Human Rights (Monitor Press). He is a consultant editor for the "Immigration and Nationality Law Reports".

Reported Cases

Employment law

1. Montgomery-v-Johnson Underwood Ltd [2001] EWCA Civ 318 [2001] IRLR 269 [2000] ICR 819, [2001] 20 LS Gazette R 40. (whether an employment agency is an employer);

2. RONALD DANIEL CHRISTIE v (1) DEPARTMENT FOR CONSTITUTIONAL AFFAIRS (2) DEPARTMENT FOR WORK & PENSIONS (2007)
   A part-time, daily fee-paid tribunal chairman was not a "worker" for the purposes of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, and such an exclusion from the application of those Regulations was wholly consistent with the discretion conferred on EU Member States to exclude certain categories of worker, by Directive 97/81 and the Framework Agreement on Part-time Work. There was no broad concept of "worker" which had to be applied in all cases where the concept arose in European Union law.
   EAT (Elias J (President)) 23/7/2007

3. Bahl-v-Law Society [2003] IRLR 640, [2004] IRLR 799 (discrimination claims brought by Kamlesh Bahl against the LS).

4. Banerjee and Shaikh-V-Lord Chancellor’s Department ET – a part time chairman of an Appeal Tribunal is a worker for purposes of the Equal Pay Act 1970 .

5. P-v-S C13/94 [1996] ICR 795 ECJ ; (transsexual and Sex Discrimination which led to a change in the legislation).

Immigration cases :

1. R (on the application of LIM & ANOR) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2007)
   All questions arising under the Immigration and Asylum Act 1999 s.10 were to be regarded as appealable and reviewable and the use of judicial review had to be calibrated to the nature of the issues through the exercise of judicial discretion so that both R. v Secretary of State for the Home Department Ex p. Khawaja [1984] A.C. 74 and the Nationality, Immigration and Asylum Act 2002 s.82 could be respected. CA (Civ Div) (Sir Mark Potter (President Fam), Sedley LJ, Wilson LJ) 25/7/2007

2. YD-v-Turkey [2006] 1 WLR 1646 the Court of Appeal has an inherent jurisdiction to order the Home Secretary to refrain from removing an applicant whilst his out of time appeal is pending with the court.

3. Raghbir Singh-v-SSHD [1996]Imm AR 507 (deportation on grounds of national security).

4. SN-V-SSHD [2005] EWCA Civ 1683 [2006] INLR 273 (removal of an HIV/AIDS sufferer receiving treatment in the UK which would not be available in the destination country).

5. Manjit Kaur ECJ (whether British Overseas nationals are EU citizens).

6. R(Tofik)-v-IAT[2003] EWCA Civ 1138 [2003] INLR 623 (duty of tribunal to give reasons for refusing extension of time)

Human Rights:-

Social Security:-

1. Reynolds-v-Department of Works and Pensions [2005] UKHL [2005] 2 WLR 1369 – (age related benefits are not discriminatory under article 14 ECHR);

Child Support.

1. Kehoe-v-DWP [2005] 3 WLR 252 (HL) (determination of civil rights and obligations whether civil rights are engaged under the CSA 1991);

2. Denise Rowley-v-DWP [2007] EWCA Civ 598 (the CSA does not owe the resident parent with care a duty of care to collect and enforce maintenance arrears).

Social Security:-

1. Bibi-v-Chief Adjudication Officer Court of Appeal 2003 (polygamous widows not entitled to widow’s benefit).

2. Larusai-v-SOSWP QBD November 2002 ( the Policy in deciding whether to waive recovery of the overpayment and not to take into account notional entitlement to Working Family Tax Credit is not unreasonable)

3. SOSWP-v-Ali Ahmed Court of Appeal February 2005 (a sponsorship form given to an immigrant was not an undertaking for purposes of entitlement to income support).

4. Ex parte Scullion-v-SOSWP (state liability for non-transposition of EC Directives in social security law-the state was in breach of EU law);

5. Ex parte Wolke (HL) [1997] 1 WLR 1640 (EC law and Social security).

Breach of Confidence:-

1. Lady Archer-v-Jane Williams (QBD 30 June 2003) the Claimant sought damages for breach of confidence and a permanent injunction to restrain her former personal assistant the Defendant from disclosing confidential information to which she had access in the course of her work at the Claimant’s home.

Right to Marry

1. Baiai-v-SSHD [2007] 1 WLR 693 (declaration of incompatibility granted in respect of the requirement to obtain the written permission of the SSHD prior to marriage) (confirmed by the Court of Appeal) .

2. R-v-the Ministry of Defence ex parte Smith (CA) QB 517 (ban on homosexuals serving in the Armed Forces).

Election Court:-

• Muhammad Afzal-v-The Election Commissioner and Election Court (Court of Appeal May 2005) The Court of Appeal quashed that part of the Commissioner’s decision that found Mr Afzal to have been guilty of corrupt and illegal practices and made an appropriate order, thereby enabling Mr Afzal to cast his vote.

Crime:-

• Kelly-v-Birmingham Magistrates’ Court [2007] EWHC 1836 (Admin) (unconditional directions issued to the defendant under rule 3.5(2) of the Criminal Procedure Rules to disclose the names of his witnesses etc infringed legal professional privilege. Unconditional orders for disclosure of privileged material exceed this boundary).

• CPS-v-Billy Lawrence QBD (Admi) (July 2007) ( the Justices were not entitled to exclude the evidence of the words spoken by the defendant even though these words may have constituted the ingredients of the section 5 Public Order Act 1986 offence).

• Dwaine Street-v-CPS QBD (Admin) (December 2003) (this case decided that an loaded air weapon in a public place was a firearm offence under the Firearm Act 1968)

Planning:-

1. Lawrence Brennon_v-Bromgsrove Dist Council (QBD) (Oct 2002) (a tree preservation order did not breach the claimant’s human rights under article 6 and 8 ECHR)

2. Closure orders:- Zoe Errington-v-Metropolitan Police (QBD April 2006 (Admin) ( this case was a test case under the Anti Social Behaviour Act 2003 - concerning the jurisdiction of the Magistrates’ Court to hear the application for a Closure Order under ASBA 2003 and whether it was dependent upon the existence of the validity of the closure notice issued and served under section 1 Part 1 of the ASBA)

Police law:-

1. Williamson-v-Chief Constable of the West Midlands Police [2004] 1 WLR 14 (the Court of Appeal held that breach of the peace was not an offence for purposes of PACE taken together with article 5 EHCR but the Court nevertheless ruled that PACE should be applied to those arrested for breach of the peace) .

2. Addison-v-Chief Constable of West Midlands Police (CA) [2004] 1 WLR 29 (breach of the peace was not an offence for purposes of PACE 1984).

3. Dhesi-v-Chief Constable of West Mildands (CA) (March 2003) ( arrest of a person with a police dog was lawful) .

4. Chief Constable of West Midlands-v-Isaacs (CA July 2001 ) (the jury was entitled to award exemplary damages even though it did not award aggravated damages).

5. Gough-v-Chief Constable of West Midlands (CA January 2004) (the police had to return goods seized to the person from whom they were taken in circumstances where they did not apply to the Magistrates’ Court for an order under the Police Property Act).

6. Confiscation Proceedings under the Proceeds of Crime Act 2002

7. He and Dan-v-DARA [2004] EWHC 3021 (Admin) (recovery proceedings under Part 5 of the 2002 Act are not criminal proceedings for purposes of art 6 ECHR and though the criminal standard of proof does not apply the court should look for cogent evidence before deciding that the balance of probabilities has been met )

8. Woodstock-v-DARA (CA May 2006) (This case was important because the Agency were trying to avoid a trial under the Proceeds of Crime Act 2003 and opted to obtain a summary judgment against the Appellant's money. The Agency publicised this ruling widely emphasising their powers to obtain summary judgment under the Act. The Court of Appeal allowed Woodstock's appeal against summary judgment).

General:-

1. National Westminster Bankl Plc-v-Mrs Amin (HL 2003) ( In the absence of the declaration of understanding or an interpretation clause in the Legal Charge the bank could not reasonably have been satisfied that Mrs Amin had received independent legal advice or that she understood it, or that she acted on that advice or that she gave their consent to the Legal Charge freely).

2. Chandler-v-Legal Services Commission QBD (2004 ) [2004] EWHC 925 (Admin) (concerns the duty of the LSC to fund the representation of the claimant before the Coroner’s Court).

Community Care:-

R-v-Wandswork LBC ex parte O [2000] 1 WLR 2539 (entitlement to assistance under the National Assistance Act to overstaying immigrants) .