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Samantha Broadfoot

Samantha Broadfoot QC

YEAR OF CALL 1997SBroadfoot@landmarkchambers.co.uk

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Jurisdiction / Procedural

Hysaj v Secretary of State for the Home Department [2014] EWCA Civ 1633 (16 December 2014) – case in the Court of Appeal listed before the Vice-President with two others in order to enable the court to give guidance on the approach that should be taken to applications for extensions of time for filing a notice of appeal following the decisions of this court in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 1 WLR 795 and Denton v T.H. White Ltd, Decadent Vapours Ltd v Bevan and Utilise T.D.S. Ltd v Davies [2014] EWCA Civ 906, [2014] 1 WLR 3926. In each case the applicant failed to file a notice of appeal within the time prescribed by CPR 52.4(2), which made it necessary for him to seek an extension of time.  The question was whether the Mitchell/Denton approach applied notwithstanding the fact that such applications are not technically the same as an application for relief from sanctions.

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319 (15 October 2014) – Court of Appeal decision on the correct interpretation on the transfer provisions conferring jurisdiction on the Upper Tribunal to hear certain claims for judicial review and resolving the question as to whether the Upper Tribunal or the High Court had jurisdiction over the instant claim.

Z (Children), (Application for release of DNA Profiles), Re [2014] EWHC 1999 (Fam); [2014] Fam. Law 1235 – whether the High Court had jurisdiction to order the disclosure of a DNA profile derived from a crime scene sample held by the police for use in determining paternity in the face of the putative father’s refusal to consent.  This judgment was successfully appealed to the Court of Appeal (Master of the Rolls): X & Anor v Z (Children) & Anor [2015] EWCA Civ 34.

Rajaratnam v Secretary of State for the Home Department [2014] EWCA Civ 8 - immigration case in which the central issue in the Court of Appeal was whether the judge in the Upper Tribunal erred in law or acted unfairly in reopening and departing from findings of fact made by the First-tier Tribunal as to the genuineness of the relationship.

Sanders & Anor v Airports Commission & Anor [2013] EWHC 3754 (Admin) (02 December 2013)  - urgent challenge brought to decisions taken by the Airport Commission and the Secretary of State for Transport on the grounds of apparent bias and seeking an order quashing the sift criteria and an order prohibiting the Commission from publishing its "short list" of proposals until such time as various measures had been taken.

ML (A Child), R (on the application of) v Youth Justice Board [2013] EWHC 3083 (Admin) - Judicial review of the decision taken by the Youth Justice Board to transfer ML from a Secure Training Centre to a Young Offender Institution. The questions for the Court were whether the decision was procedurally unfair, was in breach of Article 8 of the European Convention on Human Rights and whether, even if it was lawful to transfer him to a Young Offender Institution, it was nonetheless unlawful to transfer him to YOI Feltham in particular.