Robert Parkin

Call: 2009
Senior (10+ yrs call)

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Expertise
Immigration, Public Law & Human Rights

Robert has a highly regarded and fairly prestigious immigration practice, having, in the past advised a range of high-profile clients, including diplomats, foreign governments, UK-based local authorities and a government department, an overseas football federation, high net worth foreign investors, heads of foreign corporations, large religious organisations, and on one occasion, a well-known Hollywood actor and comedian. He advises on both personal and regulatory immigration law.

In addition to more routine immigration work, Robert regularly advises on matters relating to asylum and deportation, including in cases with the most serious humanitarian considerations or criminal offending where media interest has been attracted. He is known for taking an extremely technical approach, identifying flaws and loopholes in complex legislative material.

Robert routinely appears in immigration tribunals in initial and onward appeals as well as judicial reviews, but also accepts instructions to appear in bail hearings and enjoys paper-based advice and drafting across a range of material including grounds of appeal or judicial review and initial applications. Robert has been granted permission to appeal to the Court of Appeal on a number of occasions on points of construction relating to immigration law and has appeared unled in the Court of Appeal.

 

General Public Law

Besides immigration, Robert also has been involved in a wide range of other public law claims in the recent past, including work relating to housing allocation; information rights; social security, professional regulation; licencing; diplomatic premises; and medical ethics.

 

Property & Housing

Robert is routinely instructed in claims relating to rented residential property and represents both landlords and tenants in these actions, most memorably, by a national government to recover possession of a grace and favour property in the UK. His most common instructions concern claims for possession and for damages arising from disrepair, mishandled deposits, or rent repayment orders. He also has a specialist practice appearing in both the Magistrates & Crown Courts to defend prosecutions brought by local authorities for breaches of HMO and selective licencing conditions.

Alongside residential property, Robert is also regularly instructed in respect of claims relating to commercial property and has substantial experience of leasehold actions under the Landlord and Tenant Act 1954 or TOLATA claims concerning ownership of property. These claims often have an overseas element, with recent claims involving property in Spain, India, and the United Arab Emirates.

Robert has a detailed knowledge of mortgage and bridging loan repossession actions, having previously acted for both commercial lenders and mortgagors in financial difficulties; including on one recent occasion concerning a failure to make sufficient repayments under a multi-million pound specialist mortgage affecting a large property in Central London.

 

Personal Injury & Medical Negligence

Robert has a thriving personal injury practice and regularly appears in a wide range of claims from the very straightforward to the very complex, including involvement in a million-pound claim for damages arising from brain injuries. He also accepts instructions for damages arising from medical negligence. Robert welcomes instructions for preparation of advice on quantum, whether for the purposes of valuation for issue, potential settlement, or pending infant approval actions.

 

General Litigation

Robert is instructed in an extremely broad range of civil claims for damages or debt recovery across a number of areas of the law; with an area of specialist interest concerning interim applications, particularly seeking or resisting the imposition of sanctions for non-compliance or obtaining relief from past sanctions; limitation challenges; and costs orders. He has significant experience in enforcing or resisting enforcement of judgments.

A large number of Robert’s instructions involve claims relating to probate and estates, including claims for provision for dependants under the Inheritance Act 1975 and applications relating to the removal of executors and obtaining estate accounts.

An important part of Robert’s practice relates to making and resisting applications for civil contempt orders. He appeared for the plea in mitigation on behalf of the respondent party in the first known action for civil contempt ever brought by an NHS trust in English legal history.

 

Non-Contentious Drafting

Robert takes the view that prevention is better than cure, and is frequently instructed to prepare non-contentious legal documents where litigation is not anticipated. This includes preparation of contracts, template terms and conditions, wills and trust deeds, and settlement agreements. Recent examples include agreements in respect of film rights; an indemnity complying with the SRA’s requirements for a disposal of residual client account funds to charity; an agreement between agent and a racing driver; and terms of settlement between the trustees of the estate of a person convicted of murder and potential claimants for civil damages by the dependants of the victim.

 
Recent cases
R (Firdaws) v SSHD [2019] EWCA C2/2107/3354 – granted permission to appeal in respect of the SSHD’s application of a long residence application.

Barclay-Watts & Ors v Alpha Paraneti & Ors [2019] HQ11X02379 – led as junior drafting counsel in substantial cross-border litigation involving mis-selling of holiday lets in Cyprus.

Re Cicek [2018] Norwich Coroner’s Court – appeared for bereaved spouse in Inquiry involving allegations of inadequate mental health guidance available to police officers.

Calderdale NHS Trust v Atwal [2018] EWHC 961 – dealt with sentencing for first contempt of court action brought by an NHS trust.

WH (Pakistan) v SSHD [2017] EWCA C7/2016/2000 – granted permission to appeal to the Court of Appeal against the incorrect application of the PBS.

R (Ali) v SSHD [2017] UKUT JR/7477/2016- successfully obtained judicial review arising from a poorly handled interview conducted by the SSHD.
Awards

  • 2008 – Lincoln’s Inn Lord Denning BVC Scholarship

  • 2008 – Lincoln’s Inn Hardwicke Entrance Scholarship

  • 2007 – Lincoln’s Inn Haldane GDL/CPE Scholarship

  • 2007 – Jomati Foundation Scholarship (GDL Bursary)


 

 
Memberships

  • Denning Society

  • Lincoln’s Inn

  • Republic Campaign Limited

  • Immigration Law Practitioners Association

Education

  • MA (Oxon) Modern History 2004-7

  • GDL (Nottingham Law School) 2007-8

  • BVC (Nottingham Law School) 2008-9

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