Gavin Dingley FCIArb

Gavin acts as an advocate and advises in all aspects of immigration, asylum, nationality and EU law. He has particular experience in securing interim relief in complex sponsor licence applications, drafting representations to the Home Office to avoid litigation and dealing with substantive proceedings in the High Court involving the revocation or suspension of a licence. He brings a unique perspective to his immigration practice as he is regularly instructed by the Government Legal Service and Home Office to act on their behalf. He also provides ad-hoc advice as an Adviser with the Institute of Directors (IOD) and regularly gives bespoke training to other immigration lawyers through specialised Business Immigration Seminars with MBL.

Recent highlights include:

Reported cases

• Operation Holdings Ltd v The Secretary of State for the Home  Department [2019] EWHC 3884 (Admin) – concerning the use of      deception or fraud in attributing a CoS and the ‘Genuine Vacancy Test’.

Recent Advisory Work

• Advising an HNW Nigerian family on relocation to the UK utilising  the  ‘Sole Representative’ Route.
• Advising a Vietnamese restaurant on a substantial illegal working  breach.
• Advising a MedTech Start-up on Sponsor Licence compliance.
  Successfully represented an Appellant in the Manchester County Court  who faced a £120,000 civil penalty for allegedly employing illegal  workers.
• Drafted representations for an Appellant facing an illegal working  penalty notice lowering the Appellant’s liability from £40,000 to  £10,000 for allegedly employing illegal workers on a market stall.
• Drafted representations which assisted in securing a Tier 2 Sponsor   Licence for a Technology Start-up in Newcastle upon Tyne.

Personal Immigration

Gavin has expertise handling complex immigration applications, appeals, pre-action correspondence and judicial review challenges involving the deprivation of nationality, revocation of indefinite leave to remain, the right of abode, deportation orders and applications under the Turkish Ankara Agreement. He also regularly advises and acts in urgent applications and injunctions, civil penalties for immigration offences and civil claims for damages for unlawful detention.

Gavin also has extensive experience handling cases under Appendix FM, Adult Dependent Relative, Spouse Entry Clearance, TOEIC appeals and those involving paragraph 322(5) where individuals are alleged to have cheated on an English Language test or falsified their tax returns to secure an extension on their Tier 1 Entrepreneur visa and therefore fail on suitability grounds.

Recent highlights include:

• Didem Yenigun v Secretary of State for the Home Department [2021]; Upper Tribunal Judicial Review under the ECAA regime challenging allegations of illegal working and admissions made in interview.
• Rusna Begum & Others v Entry Clearance Officer [2021]; Upper Tribunal Judicial Review challenging the Entry Clearance Officer’s lack of procedural fairness and rationality.
• Gulzar Hussain & Others v Entry Clearance Officer [2021]; Upper Tribunal Judicial Review challenging the Entry Clearance Officer’s lack of procedural fairness and rationality.
•  NH v SSHD [2021]; High Court Judicial review claim challenging   Home Office provision of accommodation under s.95 for an asylum   seeker.
• Munhir Kiiza v Entry Clearance Officer [2021]; Upper Tribunal Judicial Review challenging the Entry Clearance Officer’s lack of procedural fairness before reconsidering and amending a decision and use of discretion.
• MB v SSHD [2021]; Upper Tribunal Judicial Review challenging the Home Office’s consideration of ‘exceptional circumstances’ under Article 8 of an adopted child pursuant to Paragraph 353 of the Immigration Rules.
• Meer Wais Islam v SSHD [2020]; Upper Tribunal Judicial Review challenging the Home Office’s contention of service of a decision under the Tier 1 Entrepreneur Route at residential address rather than nominated address for correspondence. Matter was conceded by Home Office and claim was withdrawn by Consent.
• Kamal Hasan v SSHD [2020]; High Court Judicial Review challenging the Home Office’s report of an ‘expert document examiner’ and what constitutes as ‘expert evidence’. This matter is currently on Appeal at the Court of Appeal.
• Kashif Saleem v SSHD [2020]; High Court Judicial Review which SSHD settled by way of consent order following claimant’s grounds challenging finding of deception in a ‘Life in the UK Test’.
• Alina Lavrukhina v SSHD [2020]; Permission for Judicial Review granted following oral permission hearing by UTJ Keith. Case concerned whether Article 8 ECHR had been considered in an application for Entry Clearance.
• Mert Koyuncu v SSHD [2020]; SSHD settled by way of consent order following applicant’s grounds challenging SSHD’s failure to consider s.55 duties and discretion in ECAA guidance.
• Saiful Islam v SSHD [2019]; Represented Mr Islam in a case that received national attention concerning historic injustice an unlawful exercise of discretion. See:
  https://www.bbc.co.uk/news/uk-wales-51034041

Gavin represents athletes, sports governing bodies, agents and clubs before a range of domestic and international tribunals and courts, including the Court of Arbitration for Sport and Sports Resolutions, the Premier League, EFL and FA. He advises on all sports-related matters, including contract disputes, anti-doping rule violations, match-fixing charges, selection disputes, disciplinary matters, governance and corruption. He also takes instructions in non-contentious matters, such as drafting and advising on regulations and governance issues.

Football

• Representing the Respondent in CAS 2020/A/7442 Gil Vicnte Futebol Clube v FK Rad The case concerns the validity of a transfer agreement and validity of contract on account of allegations of bad faith and fraud, before a sole arbitrator at the Court of Arbitration for Sport (on-going).
• Rule K FA Arbitration between two clubs in the EFL involving a ‘Sell-on Fee’ in a transfer agreement.

Betting and Integrity

• Alex Hydes v English Bridge Union – Represented a well-known international Bridge player in an appeal against a 4-year ban following allegations of cheating. The appeal was allowed and a de novo hearing was ordered.
• Alex Hydes v English Bridge Union (No.2) – Representing a well-known international Bridge player in disciplinary hearing where the charges allege g allegations of deception and dishonesty. An Interim Playing Suspension was successfully challenged (on-going).

Olympic/Paralympic Sport

• Advised an Olympic athlete on Rule 41 of the Olympic Charter and their proposed eligibility to compete for a different nation at 2026 Winter Games.
• Representing a Winter Team GB athlete in a selection appeal for continuation on the World Class Performance Programme as a funded athlete, before Sports Resolutions (SR/090/2020)
• Representing a Winter Team GB athlete in a selection appeal for continuation on the World Class Performance Programme as a funded athlete, before Sports Resolutions (SR/147/2020)
• Advising a GB Olympic athlete on merits of a selection appeal
• Representing a Team GB athlete in a selection appeal for international competition, before Sports Resolutions.
• Representing a Team GB Gymnastics athlete in a selection appeal for the 2020 Olympic Games
• Advising Ola Abidogun on merits of a selection appeal in respect of non-selection for the 2020 Olympic Games
• Representing a Paralympic Team GB athlete in a selection appeal against non-selection for the 2020 Paralympic Games, before Sports Resolutions (SR/239/2021)
• Representing a Paralympic Team GB athlete in a selection appeal against non-selection for the 2020 Paralympic Games, before Sports Resolutions (SR/245/2021)

Doping

• CAS 2021/A/8247 Pardeep Singh v. Indian Weightlifting Federation & National Anti-Doping Agency of India – Representing Mr Singh (ongoing)
• Advising Commonwealth Games silver medallist on a provisional suspension and anti-doping violation.
• Drafting representations to the UKAD (UK Anti-Doping) concerning a Rugby Union player’s anti-doping violation.

Safeguarding

• Advising on safeguarding policy breaches and possible sanctions for an international coach.
• Representing a coach before internal disciplinary proceedings and on appeal in respect of sexual misconduct and safeguarding policy breaches.
• Representing a skiing coach before Sports Resolutions in a safeguarding matter (SR/068/2020)
• Representing a cricket coach before the ECB regarding safeguarding concerns. The allegations and interim suspension were removed following representations.

Rugby

• Advising a Super League Player over deducted/unpaid wages from his club following an anti-doping violation.
• Drafting representations to the UKAD (UK Anti-Doping) concerning a Rugby Union player’s anti-doping violation.

Golf

• Representing a member of the Senior PGA Championship in disciplinary proceedings.
• Representing a member of a well-known Championship Golf Course in internal disciplinary proceedings.

In addition, Gavin sits as an arbitrator in sports disputes and holds panel memberships where he is regularly appointed as the chair of the following NGBs:

International

• International Mixed Martial Arts Federation, Arbitrator
• Qatar Sports Arbitration Foundation, Arbitrator
• Fédération Internationale de Volleyball, Appeals Panel Member

Domestic

• England Boxing, Disciplinary Panel Chair
• Scottish Gymnastics, Conduct in Sport Panel
• Rugby Football League Community Game, Disciplinary Panel
• England Hockey, Disrepute Panel
• British Canoeing Selection Appeal Panel
• British Canoeing Disciplinary Panel
• England Badminton, Disciplinary Panel
• Scottish Athletics, Disciplinary Panel

Gavin has a growing health & safety, criminal regulatory and environmental law practice. He has represented corporate Defendants in the Magistrates’ and Crown Courts in prosecutions brought by the Health and Safety Executive as well as the Environment Agency. He is a member of the Specialist Regulatory Advocates in Health and Safety and Environmental Law (C-List).

Gavin has experience of a wide range of cases in this area both in his own right and as a result of completing a 12-month pupillage at a criminal set. Those cases have covered a range of settings including construction sites, work at height, residential care, waste management, manufacturing, agricultural, supported housing and road traffic accidents.

Gavin’s recent experience includes:

• Representing a defendant in Magistrates’ proceedings arising from poor hygiene in a restaurant in Luton. On mitigation, the penalty was reduced from £45,000 to £7,000;
• Representing a defendant in Crown Court proceedings arising from a breach of trading standards;
• Representing a defendant in Magistrates’ proceedings arising from waste management related prosecution;
• Representing an individual defendant in Magistrates’ proceedings arising out of a prosecution for death by careless driving;
• Representing a corporate defendant both in the Magistrates’ court and subsequent Crown Court proceedings arising an injury arising from a manufacturing incident.
• Advice on merits for an appeal following an improvement notice.

Gavin regularly undertakes instructions to represent both individuals and professional regulatory bodies before a variety of regulatory tribunals. His practice includes cases before the various medical regulatory bodies, the Solicitors Regulation Authority, and the Teaching Regulation Agency. In addition, Gavin has experience of representing professionals in the criminal courts when their conduct is alleged to have met that standard and challenging decisions made by the Disclosure and Barring Service.

Gavin’s recent experience includes:

• AS v OSIC [2021] – ongoing. Representing an individual who is alleged to have provided immigration advice without being appropriately qualified under Section 94 of the Immigration and Asylum Act 1999.
• NN v NMC [2020] – ongoing. Representing a nurse who is alleged to have assaulted a patient and provided sub-standard care resulting in a negligence claim and summary dismissal.
• Andrew Turns v Teachers Regulation Agency [2021] – Representing a teacher who is alleged to have had a relationship with an underage pupil. Following a 5-day hearing, the Panel did not find the matter proved. This case also attracted national media attention and was reported here: https://www.chroniclelive.co.uk/news/north-east-news/sunderland-teacher-sacked-over-claims-20624885
• VB v DBS [2020]– ongoing. Representing a teacher is an appeal against the decision of the Disclosure and Barring Service to place them on the ‘Children’s Barred List’.
• HJ v SRA [2019] – advised an East-End Solicitors’ Firm being investigated for a series of breaches of the SRA code, including various failures involving KYC and money laundering.

Gavin has acted in a number of licensing matters, including committee hearings and appeals. He has also has helped research and advise on a number of licensing matters, including prosecutions for breach of a license, the legality of a transfer of a premises license and its impact on an ongoing licensing appeal, and appeals relating to the alteration or removal of a premises license. He is also developing a practice in gambling licenses and advisory work on associated work with the sports and Esports sector.

To date Gavin has acted on behalf of a number of sole traders making representations before local authority committees and has appeared in subsequent Magistrates’ Court appeals – for operators in the City of London, Islington, Brent and Tower Hamlets.

Gavin’s recent experience includes:

• Advised the Government Legal Department on inductive relief and merits following the high-profile cancellation of the Southampton Boat Show ‘Boats 2020’
• Drafted advice to DHSC Legal Advisers and Government Legal Department on COVID 19 appeals where venues or events had been suspended or closed following inspections by the Health and Safety Executive or Police
• Drafted representations for an alcohol licence for an Off-Licence for premises in Camden where owner had criminal conviction
• Represented an Appellant on alcohol licence revocation in Highbury Magistrates’ Court
• Represented Kent CC in a licensing appeal against the refusal to grant an alcohol licence for a fish and chip shop.

Gavin has experience in both sports and international commercial arbitrations. He has advised on cases under the LCIA, SIAC, ICC and UNCITRAL rules. Due to Gavin’s multiple Bar admissions, he is uniquely placed to act in matters concerning the United Kingdom and Belgium. He is currently working towards further admission in Scotland and Ireland.

Much of Gavin’s arbitration practice involves arbitration-related applications to the Commercial Court under the 1996 Act. This includes applications for interim relief in support of arbitrations (e.g. anti-suit injunctions); seeking or resisting enforcement of domestic or foreign awards under the New York Convention; and challenging or defending awards under sections 67, 68 and 69 of the 1996 Act. Recent examples of this type of work include:

Gavin’s experience includes:

• Advised on jurisdiction in a UNCITRAL arbitration concerning breach of a guarantor agreement for sums loaned to state-owned entities in the Middle East.
• Advised on a substantial section 67 Arbitration Act 1996 appeal regarding whether or not the tribunal had jurisdiction to hear the case.

In addition, Gavin advises clients on all facets of the arbitral process (including pre- and post-arbitral steps), such as drafting arbitration agreements, securing pre-arbitration injunctions, and acting as counsel during the arbitration proceedings.

Gavin is a CEDR accredited mediator and focusses on civil and commercial disputes. In acting as mediator Gavin draws on his experiences from private practice, which has provided him with a particularly good understanding of the commercial realities in which parties operate and which is often crucial to facilitating settlement.

Gavin became a Fellow of the Chartered Institute of Arbitrators at the age of 28 and to date is one of the youngest to ever achieve this distinction. He is keen to utilise his experience from acting as counsel to the role of arbitrator and accepts appointments as sole or co-arbitrator. At present, he is listed as panel arbitrator at the following institutions:

• Qatar Sports Arbitration Foundation, Arbitrator
• Saudi Arabian Commercial Arbitration Centre, Panel of Arbitrators and Mediators
• The Court of Arbitration for Art (CAfA), Panel of Arbitrators
• The Chartered Institute of Arbitrators, BAS Panel of Arbitrators
• Philippine Arbitration Centre in the Visayas, Panel of Arbitrators
• Mauritius Arbitration Centre, Panel of Arbitrators

• Sports Resolutions Pro Bono Panel
• ANZSLA Advocates Panel (Australian and New Zealand Sports Tribunal)
• Panel Member of the Specialist Regulatory Advocates in Health and Safety and Environmental Law (C-List)
• Attorney General ‘Junior Junior’ Civil Panel Scheme
• Treasury Solicitors’ Immigration List
• Junior Counsel, Infected Blood Inquiry (2021 – present)
• Junior Counsel, Under Cover Police Inquiry (2018 – 2019)
• Serious Fraud Office Disclosure Counsel Panel
• SC Security Clearance

• CEDR – Accredited Mediator
• Certificate in Sports Arbitration, Asian International Arbitration Centre
• FCIArb – Fellow of the Chartered Institute of Arbitration
• LLM (International Law) – SOAS, University of London
• ISISC Diploma – International Institute of Higher Studies Criminal Science, Italy
• Graduate Entry LLB (Hons) – City, University of London
• BA (Hons), Politics – University of Exeter
• Durham School

• Honourable Society of Inner Temple Rachel Lawrence Pupillage Scholarship
• Sir Joseph Priestly Scholarship
• ICLR Pupillage Scholarship – Shortlisted
• International Marcianum Moot Court Competition – Winner, representing Inner Temple
• The International Bar Association Scholarship (International Criminal Law)
• Sir Geoffrey Nice Bursary
• The Times/One Essex Court Law Awards – Winner (2nd Place)
• SOAS Academic Postgraduate Scholarship Award for LLM
• The International Bar Association Scholarship, Vienna Annual Conference
• The International Bar Association Magna Carta Essay Competition -Winner
• Human Rights Lawyers’ Association Bursary
• Clifford Chance Intelligent Aid Essay Competition – Finalist
• Holman Fenwick & Willan LLP – Global Lawyer Essay Competition – Finalist
• Dean’s Award Scholarship
• Honourable Society of Inner Temple BPTC Major Exhibition Scholarship
• Honourable Society of Inner Temple CPE Major Exhibition Scholarship

Additional Information:

Prior to joining Chambers Gavin worked as a Legal Assistant in Australia for one of the country’s leading Silks, Julian Burnside OA Q.C. During his time in Australia Gavin helped draft submissions in several applications before the Federal Court and assisted with legal research in a High Court challenge of Australia’s immigration rules. Moreover, Gavin was also involved in helping drafting representations to the International Criminal Court concerning Australia’s treatment of Refugees.

Gavin also worked with the Zambian Law Development Commission where he conducted research and held focus groups for a review of the Penal Code and Criminal Procedure Code. In addition, he helped investigate alleged human rights abuses by the Zambian Prison Service and assisted with drafting memorandum.