5 Essex Court

Russell Fortt

Call 1999

Public / Administrative

Following his appointment to the Attorney General’s panel of counsel, Russell has developed a very significant public law practice with a focus on judicial review in all aspects of government work.  Russell also has a very significant immigration practice.Recent Public/Administrative Law cases of note include:

WA v (1) Home Office (2) Chief Constable of Northumbria [2017] EWHC 3503 (QB) – Represented the Home Office in a claim brought jointly against the Chief Constable of Northumbria (the latter claim being discontinued shortly before trial).  Successfully defended a claim for damages arising out of the Indonesian Claimant’s arrest and detention when he was found to be present in the UK without leave on a fishing boat.  

KM (Bangladesh) v Secretary of State for the Home Department  [2017] EWCA Civ 2017  - Instructed by the Secretary of State in an appeal on the question of whether the Court of Appeal had jurisdiction to hear an application for permission to appeal from the Upper Tribunal, where the applicant had applied to the UT for permission to appeal to the Court of Appeal but the UT had refused to admit the application because it was out of time.

Secretary of State for the Home Department v AJ (Zimbabwe) & VH (Vietnam) [2016] EWCA CIV 1012 – Instructed by the Secretary of State in an appeal on the question of the circumstances in which the best interests of children to outweigh the strong public interest in deporting foreign criminals. The Court of Appeal accepted that in the two conjoined cases, the First-tier Tribunal had erred in finding that the deportation of the respondents would amount to a disproportionate interference with their rights under ECHR art.8.

FA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 763 – Instructed by the Secretary of State in an appeal into the question of whether, when considering the right to asylum of a national of Pakistan of the Ahmadi faith, the First-tier Tribunal had erred by failing to address the findings made in the most recent country guidance case.

AK (Sierra Leone) v Secretary of State for the Home Department [2016] EWCA Civ 999 – Instructed by the Secretary of State in an appeal on the question of the circumstances in which it is appropriate to permit the withdrawal of a concession made before the First-tier Tribunal that a foreign criminal's deportation was not in the public interest because he satisfied the exception under Nationality, Immigration and Asylum Act 2002 s.117C(4). 

Ian Brady v (1) The Lord Chancellor (2) The First-Tier Tribunal (Health, Education and Social Care Chamber) CO/6234/2016 - Instructed by the First-tier Tribunal in a judicial review action brought by the Moors murderer, Ian Brady in a challenge to the Tribunal’s refusal to appoint a legal representative for him in proceedings before it.

Assad v Home Office [2015] EWHC 2281 – Instructed by the Home Office in a High Court civil action for damages for false imprisonment arising out of the immigration detention of a Sierra Leonean pending his intended deportation.  Concerned the questions of whether the detention complied with the Home Office policy on detention of victims of torture, Rule 35 of the Detention Centre Rules and on compliance with the Hardial Singh principle.

R (on the application of Islam) v Secretary of State for the Home Department [2015] EWHC 1049 (Admin) – Instructed by the Secretary of State in a judicial review of the decision to refuse the Claimant leave to remain on the basis that he had produced inadequate evidence of his family life.

AD v Home Office [2015] EWHC 663 (QB) – Instructed by the Home Office in a High Court civil action for damages for EU law.  The case concerned the question of whether Directive 2004/83 and Directive 2005/85 conferred rights on the individual, and if so, whether there was a causal link between the breach and the damage and whether the breach was sufficiently serious.

AB (Turkey) v Secretary of State for the Home Department  [2007] EWCA Civ 1535 - Successful appeal to the Court of Appeal from the AIT in a case concerning the alleged bias of the Adjudicator and the Adjudicator’s failure to provide a fair hearing.