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<p>Following the case of R (Hamid) v Secretary of State for the Home Department [2012]
EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct
of lawyers in immigration cases. The disciplinary process, known as the Hamid jurisdiction,
is part of the court and tribunal’s powers to govern its own procedure and to ensure
that legal practitioners abide by their duties to the court or tribunal and otherwise
conduct themselves according to the proper standards of behaviour. This jurisdiction
is engaged when a case is advanced in a professionally improper manner and is not
confined to circumstances when the underlying claim is totally without merit, nor
restricted to immigration cases.</p><p>As the Hamid jurisdiction comes within the
court and tribunal’s inherent powers, the MoJ does not keep records of referrals made
to the Solicitors Regulation Authority. If the Hamid jurisdiction is activated, any
court or tribunal orders made in relation to the referral may be published and placed
in the public domain and any such publication will include the explanation provided
by the legal representative. The judiciary is independent of Government, and the Government
has made no such assessment of the use of the jurisdiction.</p>
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