Understanding the Hamid Hearings
The High Court established in R (Hamid) v Secretary of State for the Home Department [2012] that it holds the authority to monitor how lawyers conduct themselves in immigration proceedings. This ruling laid the foundation for a disciplinary system that judges now frequently use to assess the quality of legal representation in such cases, occasionally leading to referrals to regulatory bodies for potential misconduct.
In this case, the court expressed frustration at a growing number of meritless, last-minute legal applications aimed at delaying deportations. These applications were often made with minimal preparation or substance, placing strain on judicial resources and risking unfairness in the system. As a result, the court claimed the power to act against lawyers on its own, without going through the usual channels like the Solicitors Regulation Authority (SRA) or Bar Standards Board (BSB).
Under this framework, judges who identify particularly poor conduct can refer the case to a designated ‘Hamid judge’ in the High Court. This judge, currently Mr. Justice Linden, reviews the matter and may issue a show cause letter, requiring the lawyer involved to explain their actions. If the explanation is inadequate, the case can escalate to a formal hearing before the Divisional Court or be referred directly to a regulator. The process has also been adopted in the Upper Tribunal, where it is overseen by a separate judge, Fiona Lindsley. Over time, this system has become a more organised way for courts to check the conduct of lawyers, especially in immigration and asylum cases, though it’s also been used in other areas like defamation law.
Recent cases show that this system is being used more often and for more serious issues. In R (Tota) [2024], multiple lawyers faced scrutiny over their handling of asylum cases. One matter was resolved through judicial intervention, while another was referred to the SRA. In Frederick Ayinde [2025], a barrister faced a referral to the BSB after submitting legal arguments generated by AI that included fake citations. In 2017, solicitor Vay Sui Ip was struck off by order of the Solicitors Disciplinary Tribunal following a Hamid referral. The referral was reported as Re Sandbrook Solicitors [2015].
The Hamid hearings play an important role in maintaining high professional standards in immigration law. While they are designed to prevent misconduct and ensure fairness in the legal system, there is ongoing debate about finding the right balance between judicial oversight and making sure legitimate legal challenges are not discouraged.
By : Hanna Barzinji