JAM GAZZAIN
Year to Call 2018

BACKGROUND

Jam Gazzain has a multi-disciplinary practice spanning across common law, public law, regulatory law, commercial litigation, professional negligence, crime, family law, civil liberties & human rights, and asylum and immigration.

 

Jam accepts instructions in all areas of his multi-disciplinary practice.
Prior to joining the Bar, Jam practised as an independent advocate in core areas of his practice. Jam also worked as a legal adviser in the Home Office, advising on the merits of public law litigation cases in Courts. In addition, Jam has worked as a specialist appeal case reviewer and provided written advice on public law litigation cases.

 

Jam is on the Attorney General’s Junior Juniors Panel.

EXPERTS YOU CAN TRUST

EXPERIENCE & BACKGROUND

  • LLB (Hons) 2008
  • LL.M Commercial Law – 2012
  • Ph.D. Doctorate Research – Ongoing
  • Research Area: Financial Regulations and Regulatory Complianceocate
  • Attorney General’s Civil Panel Counsel (Junior Junior Scheme) – January 2019
  • South Eastern Circuit
  • Member of Lincoln’s Inn

CIVIL

Jam has undertaken a range of civil work including contractual claims, credit hire, debt recovery, consumer credit agreements, landlord and tenants, property disputes and personal injury cases. Jam advises and represents clients in claims involving property disputes, undue influence claims, trust matters, tortious liability and personal injury cases.
He has a wealth of advocacy experience in all types of interlocutory applications and fast track and multi-track trials in County Courts and the High Court.

Notable Cases

DA v THE HOME OFFICE (THE UK BORDER FORCE) [2019] – Damage to Aircraft
Acting as the lead Counsel in a case involving substantial damages against the Border force for breach of the common law of duty of care in handling the Claimant’s goods, and breach of statutory of duty under Torts (Interference with Goods) Act 1977.
KA v HI & Others [2019] – Personal Injury
Personal injury, the extent of liability, quantum, and contributory negligence.
L v L [2019] – Cost Proceedings
Cost proceedings – Successfully acted for the Defendant against the disproportionate costs.
IJ v RS [2018] – Breach of Contract
Relief from sanctions, stay of enforcement proceedings, breach of the employment contract
and assets tracking.
WN v SZ [2018] – Trust and Property Law
Validity of Trust, undue influence, service of the claim form and strike out of the claim.
AS v BCL [2018] – Bailiffs
Advised on breach of contract, negligence, and due diligence requirements for High Courts Bailiffs.

COMMERCIAL

Jam has experience and developing a commercial practice. He has a broad commercial practice spanning all areas of commercial dispute resolution including company disputes, director disputes, shareholder disputes and sales of goods disputes.
Jam has acted and advised on claims involving breaches of directors’ and fiduciary duties and share disputes.
Jam has appeared in Courts in commercial Injunctions matters, insolvency and bankruptcy matters.

Notable Cases

Jam regulatory advised on commercial disputes involving commercial law. Jam is currently acting, as lead Counsel in a case involving a breach of director’s fiduciary duties, director’s duty under the Companies Act 2006 and liability of a Director for breach of privacy.

DISCIPLINARY AND REGULATORY

Jam has experience in disciplinary and regulatory matters. He has acted for individuals and firms against regulators in judicial review proceedings and before Ombudsman. He has a thorough understanding of the operation of the various regulatory regimes. In addition, he provides advice and representation through from initial stages to final hearings, appeals and judicial review challenges. Jam also has experience professional negligence matters involving solicitors and lay clients. He has been instructed a number of times in professional negligence claims involving solicitors, lay clients and the legal ombudsman.

Notable Cases

AK v GU [2018] – Discrimination and Unlawful dismissal
Reasonable standard of service by the higher education provider, teaching standards, and unlawful dismissal from the University Course.
SA v BU [2018] – Discrimination and Unlawful dismissal
Advise on liability, quantum and unlawful dismissal from the University Course.
R (AS) v Legal Ombudsman [2018] Administrative Court – Solicitors’ firm liability
Standard of service by a Solicitor Firm, fair and reasonable assessment of liability based on
Legal Ombudsman rules, cost certificate and mitigation of loss.

EDUCATION

Jam is developing a practice in education law, particularly in discrimination cases against schools and universities.
Jam has a particular interest in education law practice. He has acted for individuals in disciplinary proceedings before university disciplinary bodies and appeals against university decision in the Administrative Court and breach of contract claims. He has also advised in matters in relation to the Office of the Independent Adjudicator (OIA)

Notable Cases

KK v RSSSKL School [2018] – Discrimination
Acting as the lead Counsel in a case involving substantial damages for discrimination under the Equality Act, harassment, negligence and breach of data protection act.
Y v EB School [2019] – Discrimination and School Expulsion
Successfully acted for a protected child against a local school in a case involving disability discrimination, school expulsion and failure to provide adequate alternatives schooling.
AK v GU [2018] – Claim against University – Reasonable standard of service
Reasonable standard of service by the higher education provider, teaching standards, unlawful dismissal from the University Course.
SA v BU [2018] – Claim against University
Advise on liability, quantum and unlawful dismissal from the University Course.

CRIME

Jam both defends and prosecutes. He appears regularly on the behalf of the CPS and for the Defence. Jam’s practice includes cases of domestic burglary, domestic violence cases, motor offences, road traffic offences.

Notable cases

R v D [2019]
Successfully prosecuted for ABH and obstruction of Police Officer’s duty.
R v D [2019]
Successfully prosecuted for Criminal Damage and ABH.
R v L [2-19]
Successfully prosecuted for three motoring offences.
R v M [2019]
Successfully prosecuted for Burglary Dwelling – Committed to Crown Court for Sentencing.
R v P [2019]
Successfully prosecuted for Burglary Dwelling – Committed to Crown Court for Sentencing.

CIVIL LIBERTIES & HUMAN RIGHTS, AND ASYLUM AND IMMIGRATION

Jam is instructed in all areas of Immigration and Asylum law. He is regulatory instructed in the First Tier Tribunal, Upper Tribunal, Administrative Court and the Court of Appeal in a wide variety of immigration, asylum and human rights cases.
Jam also is regularly instructed to draft pleadings for Judicial Reviews, Grounds of appeal and permission to appeal grounds in a wide range of immigration and asylum matters.
Jam is currently instructed in a Supreme Court appeal (at the permission stage) in which he is being led by a Queen’s Counsel.

Notable Cases

R (Rehmat Ullah) v SSHD [2018] Permission Stage at the Supreme Court
Jam (led by Sonali Naik QC) acting for the Appellant in the case involving correct test for new evidence in deception cases, proper construction of word “new evidence”, and consistency between Ladd v Marshall [1954]on new evidence and SSHD v TB test.
A (Afghanistan) v SSHD [2019] Upper Tribunal
Successfully represented a young male in the protection claim in establishing that FTT decision contains an error of law on the principle of internal relocation and sufficiency of protection.
A (Uganda) v SSHD [2018] JR/7248/2018/UTIAC
Acted for the Applicant in the Judicial Review claim involving grant of indefinite to leave by mistake, SSHD powers to grant such leave and whether it can subsequently revoke it.
AK v SSHD [2018]
Successful appeal against the refusal of asylum to an Iraqi Kurd and section 55 best interest of the children.
R v SSHD [2018]
Successfully represented the Appellant against the allegations of deception and family rights under Article 8.
P v SSHD [2018]
Successfully represented the Appellant against the allegations of deception and family rights under Article 8.
B v SSHD [2018]
Successfully represented the Appellant against the refusal of protection claim based on “perceived Westernised” and Gender based violence.
N V SSHD [2018]
Successfully represented the Appellant against the refusal to grant retained rights of residence under Immigration (European Area Regulation) 2006.
G v SSHD [2018]
Successfully represented the Appellant against the refusal to grant leave to remain based on forgery and subsequent reliance on new evidence under the principle established in Daby (Forgery; appeal allowed; subsequent applications) Mauritius [2011] UKUT 485 (IAC) (16
December 2011).
T V SSHD [2018]
Successfully represented the Appellant against the refusal to grant retained rights of residence under Immigration (European Area Regulation) 2006.

FAMILY LAW

Jam accepts instructions in all family matters. He has undertaken instructions both in private and public family proceedings including divorce dispute, financial settlement disputes, sitting aside financial settlements, concealment of assessment matters and domestic violence cases.