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James Fraczyk

James Fraczyk

MCIArb, BPTC (Kaplan) Very Competent, LLM (Cantab) 1st Class, BCL (Oxon), LLB Hons (Cardiff) 1st Class – Top of Year

Call 2013

James’ main areas of expertise are in Public and EU law (including immigration), although he undertakes work in all of Chambers’ areas of practice. He is also registered to undertake direct access work and has received instructions on that basis.

Shortly after being called to the Bar he was appointed for seven months as the Judicial Assistant to Lady Justice Arden (as she then was) in the Court of Appeal, which included assisting the LJ in her capacity as Head of International Judicial Relations for England & Wales. He worked on a variety of cases ranging from large-scale competition, tax and commercial disputes, to public law, human rights and immigration matters.

In 2012 he was also a brief Stagiaire to Advocate General Sharpston at the CJEU in Luxembourg. He drafted court documents including, for example, in Case C-258/11 Sweetman v An Bord Pleanála – a seminal planning/environmental law case concerned with Article 6 of the Habitats Directive.


Attorney General's Panel of Junior Treasury Counsel

Practice Groups: Crime, Immigration & Human Rights, Civil


James has experience with a range of immigration law in line with Chambers’ Band 1 ranking. He represents claimants and the Secretary of State, which enables him to analyse and argue cases with a much greater degree of insight than would otherwise be the case. He has appeared in the FTT, UT, High Court and Court of Appeal. Examples of his work include:

  • Successfully defending the SSHD in a wide variety of public law challenges in the High Court and Upper Tribunal, including in the context of business immigration;
  • Successfully representing both appellants and the SSHD in a significant number of FTT appeals, which often involves extensive cross-examination of appellants and witnesses when acting for the Home Office;
  • Successful JRs for claimants including a claim before the Vice-President concerned with delay in considering a spousal visa application;
  • Representing a Middle Eastern royal family in judicial review proceedings concerned with nationality issues;
  • Securing urgent interim relief in a range of cases, including from the out-of-hours duty High Court Judge;
  • Obtaining a high-value settlement in a claim for unlawful detention and misfeasance in public office by immigration officers (settled shortly after grounds filed and served); and,
  • Advising the SSHD on fact-heavy and legally complex unlawful detention claims, including in the context of overlapping issues of procedure, jurisdiction and multiple causes of action (e.g. under EU law, the HRA and common law etc).

Public Law

James’s more general public law experience arises in a range of contexts, including health care and regulatory matters. In addition to his advisory experience, he has represented clients before the Mental Health Tribunal and Parole Board. Examples of his work include:

  • Successful JR challenges in the High Court under the Care Act 2014, the Localism Act 2011 and the Immigration and Asylum Act 1999;
  • Successful claim on the duty of local authorities to reconsider refusals under the Children Act 1989, s 17 in the light of additional evidence, and failing to take into account material considerations.
  • Representing the Ministry of Justice before senior coroners (including when sitting with a jury) at inquests into deaths in state custody; and,
  • Successfully representing local authorities in licensing cases.

General Civil Law and Litigation

James regularly undertakes work in civil matters. He has experience of fast track trials, small claims, CCMCs, applications, interlocutory hearings, and drafting etc. He also has experience of representing and advising various government bodies, including the: Home Office; Ministry of Justice; Department for Transport; Highways England; and Department for Work and Pensions. His credit hire experience includes successfully running complex and technical points of law. Examples of his work include:

  • Providing detailed advice in a high-value case concerned with complex insurance provisions and damage to transport infrastructure;
  • Successfully representing the SSHD in civil penalty cases against companies operating within a range of economic sectors;
  • Advice and drafting in professional negligence cases in the context of immigration law, including business immigration; and,
  • Successfully representing the MOJ in a civil claim involving issues of Crown immunity.


James has experience with a range of cases in the Magistrates' Court and Crown Court. He is a CPS panel advocate and has also undertaken prosecution work for HMRC and various regulatory bodies. He is also on the approved list of counsel for a local authority.

Significant Cases

Court of Appeal

Bakary Danso v SSHD [2015] EWCA Civ 596 – Legality of deporting foreign criminals under Article 8 ECHR, pursuant to the Immigration Rules, after significant rehabilitation during imprisonment.

High Court

  • R (U and U) v Milton Keynes Council [2017] EWHC 3050 – breadth of the Immigration Act 2014, sections 20-21 in conjunction with duties owed by local authorities.
  • R (Tomescu) v Lord President of the Council and Office of the Prime Minister [2015] EWHC 3293 (Admin) – Compatibility of UK electoral restrictions with EU and ECHR law – discrimination on the basis of nationality – irrationality of providing electoral rights to individuals with tenuous links to the state, whilst simultaneously disenfranchising individuals with strong links to the state.

Court of Protection

In the matter of AG [2015] EWCOP 78 – Lawfulness of removing a mentally-impaired adult from her mother’s care in the absence of a fact-finding hearing.


‘EU Fundamental Rights and the Financial Crisis’, contained within Douglas-Scott and Hatzis (eds), Research Handbook on EU Law and Human Rights (2017).


Winner - Kaplan and Outer Temple Chambers Civil Advocacy Competition 2013

Winner - Kaplan Judicial Review Advocacy Competition 2013

Jules Thorn Scholar - Middle Temple Inn of Court 2012

Thomas and Elizabeth Walton Prize for Law - University of Cambridge 2012

Sir Francis Goldsmid Scholarship - University of Cambridge 2012

Sweet & Maxwell Prize for Law - Cardiff University 2010