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Practice areas

Adam Tear works with companies and individuals in a large number of areas, both private and legal aid. 

Adam has a particular specialism in:

See his website adamtear.com

Experience

Adam is a solicitor advocate, and regularly appear in the High Court and Court of Appeal dealing with some of the most complex and interesting public law cases.

He litigates across a broad range of areas of public law and civil law disputes ranging from contempt’s, immigration, asylum, and other challenges to government decisions via judicial review.

He is the only solicitor advocate to be appointed to both the Home Office review panel for immigration cases, and the panel of advocates, representing the Home Office in the First Tier Tribunal.

In 2014 Adam was recognised as solicitor advocate of the year at the Law Society Excellence awards, and in 2017 was highly commended. In 2018 he presented the award on behalf of SAHCA.

He is the Chair of the Solicitors Association of Higher Court Advocates, the only organisation representing solicitor advocates and their views. He is also the Chief Assessor of the immigration accreditation scheme and also a principle trainer for AMT Training solutions.

Education

  • 2000: Bar Vocational Course
  • 1998 – 2000: Law Degree 2:1 (Hons)

Career

  • 2019: Joined Scott-Moncrief Solicitors
  • 2018: Appointed as Chair of SAHCA
  • 2016: Appointed as Vice Chair of SAHCA
  • 2015: Appointed as Secretary of SAHCA
  • 2014: Awarded Solicitor Advocate of the Year
  • 2013: Appointed as an independent funding adjudicator
  • 2013: Appointed to the Committee of SAHCA
  • 2012: Appointed Director at AMT Solutions
  • 2010: Accredited – Advanced Immigration Lawyer
  • 2009: Appointed Director of a large high street firm
  • 2005: Awarded Higher Court Advocacy Rights (Civil and Criminal)
  • 2005: Accredited – Senior Immigration Lawyer
  • 2004: Qualified Lawyers Transfer Test

Notable Cases

Supreme Court/House of Lords

  • R oao ST (Eritrea) v SSHD[2012] UKSC 12– Asylum case in respect to the withdrawal of the protection of refugee status
  • R oao B v SSHD, (2005)1 WLR 1063– Asylum case on the issues of rape as a weapon of war
  • SSHD v Limbuela [2006] 1 AC 396– Housing / Article 3 case relating to the withdrawal of all support for an individual.

Court of Appeal

  • Gudanviciene v Director of LAA[2014] EWCA Civ 1622– Costs case challenging the exceptional funding regime, Adam appeared as junior advocate.
  • Edgehill v SSHD[2014] EWCA Civ 402– Immigration challenge to immigration rules. Adam appeared as advocate against a QC and another senior advocate for the government on a procedural rules element.
  • Bahta and others v SSHD[2011] EWCA Civ 895– Costs, a highly complex resolution of a long standing issue in respect when costs should be awarded in judicial reviews. Adam appeared as junior advocate.

High Court

  • Haederle v Thomas[2016] EWHC 1866 (Ch) – Contempt, and when is a breach of a freezing order a breach. Adam appeared as advocate on this long running case.
  • King’s Lynn and West Norfolk Council v Bunning[2013] EWHC 3390 (QB)– Contempt / legal aid, ground breaking case on the provision of legal aid for contempt under LASPO. The first ever case with legal aid provided. Adam appeared as advocate in this highly complex case.
  • R oao FH and Others[2007] EWHC 1571– Delay in administrative decision making. This case established a basis for challenging delay in decision making process, and was the start of a number of cases leading to the Supreme Court decision in ZO v SSHD [2010] UKSC 36.

Upper Tribunal

  • MSM and others (wasted costs, effect of s.29(4))[2016] UKUT 62 (IAC) (15 January 2016)Wasted costs, Adam represented a large firm in respect to wasted costs order made in the Upper Tribunal. Adam appeared as an advocate.
  • R oao Bakhtiyar v SSHD (Costs on AoS) (IJR[2015] UKUT 519Costs decision on costs in Immigration Judicial Reviews. Adam appeared as an advocate.

Directory recommendations

‘Calm, industrious and reliable’ is what Legal 500 said in 2013, and “fearless” in 2018. Adam has again been highly recommended by Legal 500 2013, 2014, 2015 and in 2018, for his expertise in public law, civil liberties and immigration cases.

Awards

  • Adam was awarded Solicitor Advocate of the year 2014, and highly commended in 2017.
  • Adam was runner up in 2013, 2015 and 2016 for Solicitor Advocate of the Year.
  • In 2016 Adam was also shortlisted for Human Rights Lawyer of the Year.
  • In 2018 Adam presented the Solicitor Advocate of the Year as the Chair of SAHCA .

Membership & Appointments

  • Chair of the Solicitors Association of Higher Court Advocates (SAHCA)
  • Independent Funding Adjudicator, costs assessor and a member of the Special Controls Review Panel to the Legal Aid Agency.
  • Examiners of the advanced immigration accreditation scheme run by the Law Society.
  • Chief Assessor of the immigration accreditation scheme run by the Law Society.
  • Principle of AMT Training Solutions and continues to develop unique training for individuals and firms.