Matthew Howarth successfully defended this application for Judicial Review in what is now one of the leading precedents in this area of litigation – where decisions have been made by the SSHD to revoke a sponsorship licence.
Zain Malik KC, assisted by Mr Rehman, appeared for the Claimant and Matthew Howarth for the Defendant in One Trees Estates Limited, R (on the application of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin).
This decision is a key determination in the area of practice as the Deputy High Court Judge (“DHCJ”) Margaret Obi has determined the question of whether or not the SSHD is required to consider the commercial impact or ‘global assessment’ of a revocation decision.
Matthew Howarth presented a number of arguments, raising six legal issues in response to the application, as to why there should be no global assessment. He also argued that even if there was one the Senior Courts Act (Section 31(2A)) would bite – i.e. the decision would have been no different in any event.
This case was unique in that that Judge determined an imbalance in the law between the cases of Supporting Care Ltd v Secretary of State for the Home Department [2024] EWHC 68 (Admin) (“SCL”) and R (Prestwick Care Ltd) v Secretary of State for the Home Department [2023] EWHC 3193. Matthew Howarth argued that Prestwick was the preferable decision as the court gave a rounded view on the issue of a Tameside Duty that did not feature in the SCL decision. The Learned Judge accepted all the arguments advanced.
The Judgement can be read here https://caselaw.nationalarchives.gov.uk/ewhc/admin/2024/1644
and on Bailli at https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2024/1644.html&query=(one)+AND+(trees)
Matthew Howarth practices extensively in the field of Public law and the overlap with Immigration (including Business Immigration). He is able to offer advice on Judicial Review and assist Businesses in their compliance with Guidance for sponsoring migrant workers.