Much of Abby’s work concerns individuals in detention, including unlawful detention judicial reviews, false imprisonment civil claims and Article 2 inquests following deaths in state custody.
She has particular expertise in migrants’ rights, with a busy judicial review practice covering unlawful detention, age disputes, asylum support, Care Act 2014 support, trafficking victim support, and challenges to certification.
Administrative and Public Law
Overview
Abby has a busy, multi-disciplinary judicial review practice. She is regularly instructed, led and unled, in complex claims concerning unlawful detention, asylum support, age assessments, trafficking and community care.
Notable Cases
R (FH and Ors) v Secretary of State for the Home Department (JR-2025-LON-000695)
Abby acted for the applicants in a challenge to the lawfulness of removal to Bulgaria, led by Greg Ó Ceallaigh KC. The Tribunal quashed the decisions certifying as “clearly unfounded” the human rights claim made by AS – one of three applicants in this test case. This was on the basis of AS’ vulnerability and the evidence on conditions in Bulgaria, which gave rise to an arguable breach of Article 3 ECHR, in particular, the risk of homelessness and lack of access to adequate healthcare.
R (AA) v Secretary of State for the Home Department [2025] EWHC 3404 (Admin)
Abby acted for the successful claimant, led by Amanda Weston KC and Greg Ó Ceallaigh KC. The Claimant argued that he had been eligible for release on Home Detention Curfew because the defendant had not yet made a decision to make a deportation order (which would disentitle him). Mrs Justice Foster ultimately favoured the claimant’s position that a Stage 1 decision is not a decision to make a deportation order within the meaning of s.259(a) of the Criminal Justice Act 2003. The claimant also successfully resisted the Defendant’s argument that the claim was academic.
