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​ADAM TEAR
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About > Reported cases

Adam has acted in the following reported cases

​Supreme Court/House of Lords
  • R oao ST (Eritrea) v SSHD [2012] UKSC 12 – Asylum case in respect to the withdrawal of the protection of refugee status
  • R oao B v SSHD, (2005) 1 WLR 1063 – Asylum case on the issues of rape as a weapon of war
  • SSHD v Limbuela [2006] 1 AC 396 – Housing / Article 3 case relating to the withdrawal of all support for an individual.
Court of Appeal
  • Lakatamia Shipping Company Ltd v Su [2021] EWCA Civ 1355 (15 September 2021) - Upholding the determination that a sentence of two years after a guilty plea and mitigation could in exceptional circumstances still be upheld. See article here
  • Haskell v Haskell [2021] EWCA Civ 1295 (20 July 2021) - An unusual appeal based upon evidence and the Debtors Act 1869. See Article here
  • Hussain v Viswani and others [2021] EWCA Civ 146 - Novel and important case in respect to when a GCRO can prevent a purge of a contempt finding. 
  • Hussain v Viswani and others [2020] EWCA Civ 1216 - An important case on when a party is able to be sent to prison for debt. See article here
  • Corrigan v Chelsea Football Club [2019] EWCA Civ 1964 - Appeal against sentence for contempt
  • McKendrick v FCA [2019] EWCA Civ 524 - Appeal against sentence in a contempt matter. Adam acted as junior advocate.
  • Tiernan v National Farms Union [2015] EWCA Civ 1419 - ​Appeal against sentence of an unrepresented defendant. 
  • ZP (South Africa) v SSHD [2015] EWCA Civ 1273 - An important appeal in respect to extension of time and legal aid. 
  • Gudanviciene v Director of LAA [2014] EWCA Civ 1622 – Costs case challenging the exceptional funding regime, Adam appeared as junior advocate.
  • Inplayer v Thorogood [2014] EWCA Civ 1511 - Leading case on committals and setting down grounds for committal. 
  • Edgehill v SSHD [2014] EWCA Civ 402 – Immigration challenge to immigration rules. Adam appeared as advocate against a QC and another senior advocate for the government on a procedural rules element.
  • Bahta and others v SSHD [2011] EWCA Civ 895 – Costs, a highly complex resolution of a long standing issue in respect when costs should be awarded in judicial reviews. Adam appeared as junior advocate.
  • ZO (Somalia) v SSHD [2009] EWCA Civ 442 - Appeal in respect to delay and rights to work in the UK. 
High Court
  • MBR Acres Ltd & Ors v MBR Beagles & Ors [2021] EWHC 2996 (QB) (10 November 2021) - Important issue, on the extent of injunctions against protestors alleged to use social media to cause harassment to employees and a company. Earlier hearing [2021] EWHC 2458 (QB) , See article here
  • Lakatamia Shipping Company Ltd & Ors v Su & Ors [2021] EWHC 935 (Comm) (15 April 2021) - Sentencing for committal, and the use of maximum sentence, even after guilty plea. 
  • P v Griffith [2020] EWCOP 46 (02 October 2020) - Committal in the Court of Protection, creating false orders.
  • Olabinjo v Westminster Magistrates [2020] EWHC 1093 (Admin) - Judicial Review of the sentence imposed for failure to pay a confiscation order, before a Divisional Court. 
  • Chelsea Football Club v Nichols [2020] EWHC 827 (QB) - A ground breaking issue dealing with the shortening of a sentence for committal based upon the COVID 19 outbreak, see article here
  • Lakatamia Shipping Company Ltd v Nobu Su and others [2020] EWHC 806 (Comms) - Dealing with complex issues of purge and expedition of a committal issue. 
  • Chelsea Football Club v Nichols [2020] EWHC 454 (QB) - Sentence following admission of a second contempt. 
  • FCA V McKendrick [2019] EWHC 607 - Committal in the High Court following numerous breaches of disclosure order.
  • Fitzwilliam v Chessman [2018] EWHC 3139 An interesting case on injunctions and hunting rights in the UK. See article here
  • BS (India) v SSHD [2018] EWHC 454 - Case on unlawful detention of a victim of torture by the SSHD. 
  • Haederle v Thomas [2016] EWHC 1866 (Ch) – Contempt, and when is a breach of a freezing order a breach. Adam appeared as advocate on this long running case.
  • RE: Hancock [2015] EWHC 2324 - A complex committal case involving serious issues relating to mental health. 
  • Sanjari v The Crown Court at Birmingham [2015] EWHC 2037 - Appeal in respect to the refusal of funding for a POCA hearing
  • ABC v DEF [2014] EWHC 3346 - Complex committal in respect to serious mental health issues of the Defendant. 
  • Gudanviciene v Director of LAA [2014] EWHC 1840 - Judicial Review in respect to the refusal of exceptional legal aid. 
  • King’s Lynn and West Norfolk Council v Bunning [2013] EWHC 3390 (QB) – Contempt / legal aid, ground breaking case on the provision of legal aid for contempt under LASPO. The first ever case with legal aid provided. Adam appeared as advocate in this highly complex case.
  • Rrapaj v Director of the Legal Aid Agency [2013] EWHC 1837 - One of the first Judicial Reviews reviewing LASPO12 and decision making process. 
  • T v Legal Aid Agency [2013] EWHC 960  - Judicial Review relating to the provision of legal aid for minors in a highly complex care proceedings. 
  • Tekle v SSHD [2008] EWHC 3064 - Judicial Review in relation to delay and permission to work. This was the start of a number of cases leading to the Supreme Court decision in ZO v SSHD [2010] UKSC 36.
  • R oao FH and Others [2007] EWHC 1571 – Delay in administrative decision making. This case established a basis for challenging delay in decision making process.
Court of Protection
  • P v Griffth [2020] EWCOP 46 - Committal in the Court of Appeal, relating to a person under the Courts Protection. 
Upper Tribunal
  • MSM and others (wasted costs, effect of s.29(4)) [2016] UKUT 62 (IAC) (15 January 2016) Wasted costs, Adam represented a large firm in respect to wasted costs order made in the Upper Tribunal. Adam appeared as an advocate.
  • R oao Bakhtiyar v SSHD (Costs on AoS) (IJR) [2015] UKUT 519 Costs decision on costs in Immigration Judicial Reviews. Adam appeared as an advocate.
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Adam Tear is a solicitor in England and Wales regulated by the SRA (398890), Scott-Moncrieff & Associates Ltd are an authorised and regulated firm (596379). AMT Training Solutions Ltd is an authorised but not regulated firm (570562).
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