Immigration case: Application failed to adhere to pre-action protocol
A law firm owner has been rebuked after the Upper Tribunal declared an application for judicial review made by an immigration caseworker at his firm as totally without merit.
Ignatius Etukudoh told the Solicitors Regulation Authority (SRA) that “lessons have been learned” as a result of the case.
Mr Etukudoh is the sole director of Alpha Springs Solicitors in East London. According to an SRA notice, a non-qualified caseworker at the firm applied to the Immigration and Asylum Tribunal in December 2022 for permission to apply for a judicial review of a Home Office decision made in respect of ‘Client A’.
In March 2023, the Upper Tribunal refused the application and certified it as totally without merit, subsequently making a wasted costs order of £1,492 against the firm.
The SRA reviewed Client A’s file and found the application failed to adhere to the pre-action protocol for judicial review, was inappropriately submitted under the urgent consideration procedure, failed to provide key documents, and was “poorly drafted”.
In response, Mr Etukudoh “confirmed that lessons have been learned following this application. He has implemented process changes to ensure that every appeal application will receive appropriate advice on merits and prospects of success”.
In mitigation, the SRA acknowledged that the solicitor had cooperated with its investigation, “has shown insight and understanding of his regulatory obligations”, expressed “remorse, regret and apologised for the misconduct”, and had a hitherto clean regulatory record.
A rebuke was appropriate given that Mr Etukudoh “failed to support the effective administration of justice”, but the risk of repetition was “low”.
The notice went on: “The SRA does not consider that it is proportionate or in the public interest to pursue allegations to the tribunal. A rebuke reflects the gravity of and seriousness of the conduct without requirement for further sanctions.”
Mr Etukudoh was also ordered to pay the SRA costs of £300.