As a litigation caseworker you will predominantly work on pre‑action protocol work and managing judicial review challenges in the Upper Tribunal and High Court. You may also be involved in cases progressing to the Court of Appeal and Supreme Court and take on litigation cost negotiation or private law claim work.
Initially, you will develop expertise in a particular area of immigration – perhaps around entry clearance or asylum – and, as you gain experience, there will be opportunities for you to take on a wider range of areas. With the support of colleagues, you will become skilled at identifying which decisions should be defended and which may need to be reconsidered. You will need to prioritise and organise your work appropriately to ensure legal deadlines are met and quality is maintained.
You will respond to pre‑action protocol correspondence as it arrives and be responsible for drafting clear responses setting out the Home Office position to the challenges, seeking input from operational decision makers as needed. If challenges proceed to judicial review, you will continue to work alongside operational decision makers, policy colleagues and other professional stakeholders to provide clear and timely instruction to the Government Legal Department (GLD). Ultimately, you will be responsible for the management of the judicial review from the start to the end, so will gain experience in litigation handling, preparing cases for court and managing conclusions.
Key Responsibilities
* Assessing the challenges set out in pre‑action protocol correspondence or judicial review claims against UK immigration legislation, guidance and policy to inform decision making.
* Responding to pre‑action protocol correspondence and referring to operational areas for action to remedy any original errors in the decision being challenged.
* Escalating policy or procedural issues arising from pre‑action protocol correspondence, judicial review claims and private law damages claims.
* Liaising with and instructing government lawyers to achieve an agreed course of action in managing litigation, including approving grounds of defence on behalf of Secretary of State for the Home Department.
* Supporting government lawyers and counsel on defending cases at the oral or substantive hearing stages, including securing witness statements when needed.
* Making decisions on when cases should be settled and working with stakeholders to secure financial authority where it is appropriate to do so, to ensure the best cost outcomes.
* Maintaining accurate records of activities/work completed across a range of systems.
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