Emma Harris and Brenda Efurhievwe were instructed to apply for permission to appeal the decision dismissing the Civil Penalty Notice (“CPN”) appeal in Jen and Jamie Ltd v Secretary of State for the Home Department [2025] EWCC 41, [2025] 7 WLUK 288 to the Court of Appeal. The county court decision under appeal can be accessed here.
Permission was sought in relation to:
- Ground 1: The finding of employment – whether the Judge materially erred in law and in fact by finding that the alleged employees were employed at the material time.
- Ground 2: Judicial discretion – whether the Judge erred in law by determining that he is not entitled to have regard to matters outside of the Code of Practice, while considering the level of penalty under s.17(2)(b) in conjunction with s.17(3) of the 2006 Act.
The Grounds of Appeal stressed the lack of binding authorities in this area of law, and the resulting contradictory and unpredictable approach adopted by different courts. The appeal raised important points of principle and practice in relation to the operation of the CPN regime, and the correct approach to CPN appeals in the County Court.
On 17 December 2025 Rt. Hon. Lord Justice Singh granted permission to appeal on Ground 2. Lord Justice Singh considered that, the question of whether Judges are entitled to exercise discretion and to look at mitigating factors other than those contained in the Secretary of State’s Code of Practice, when assessing the appropriate level of a penalty, has a real prospect of success and does raise an important issue of principle, which has not been the subject of appellate authority.
Emma Harris and Brenda Efurhievwe have been instructed by Adrian Green of Stachiw Bashir Green Solicitors.
Emma Harris is a member of the Civil and Immigration and Public Law teams. She is an experienced practitioner specialising in commercial litigation, contractual disputes and property litigation (including landlord and tenant and housing law) and she also practices in all areas of immigration, refugee & asylum and public law.
Brenda Efurhievwe is a member of both the Civil Law, as well as the Immigration and Public Law teams. She specialises in immigration and asylum appeals, and actions against public authorities.
Related barristers: Brenda Efurhievwe (Efu-rie-ve), Emma Harris
Related practice areas: Civil
