News & Resources

Court of Appeal hears significant EU law proportionality and free movement appeal

20th October 2017

Julia Smyth, led by David Blundell at Landmark Chambers, represented the Secretary of State for Work and Pensions (“SSWP”) on 18 and 19 October 2017. Judgment has been reserved.

SSWP appeals against the decision of the Upper Tribunal in TG v SSWP [2015] UKUT (AAC), in which Julia Smyth represented SSWP. The appeal concerns two discrete issues. The first relates to the decision of the Secretary of State for the Home Department to continue the “Worker Registration Scheme” between 2009 and 2011. That scheme applied to nationals of eight of the ten Member States which acceded to the EU in 2004. One of the questions for the court, following the decision of the Supreme Court in R (Lumsdon and others) v Legal Services Board [2015] UKSC 41, is the appropriate level of scrutiny of such a decision. SSWP’s case is that a proportionality review must be conducted by reference to the “manifestly inappropriate” test. The second issue is the quality of residence needed to acquire a right of permanent residence pursuant to Article 17(1)(a) of Directive 2004/38.

Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or

To learn more visit our Covid-19 Information page.