Iain Halliday

Junior (Called for under seven years)

Year of call: 2022

General information

Iain called to the Bar in 2022 after practicing as a solicitor for 5 years. He specialises in immigration, public law, and inquiries. He is regularly instructed in statutory appeals, judicial reviews, Fatal Accident Inquiries, and public inquiries.

Iain has a busy public law practice with a particular focus on immigration and asylum law, social security appeals, and environmental law. He frequently acts for petitioners in judicial reviews challenging Home Office decisions in the Court of Session and represents appellants in statutory appeals to the Upper Tribunal (Immigration & Asylum Chamber). He has also been instructed, by appellants and respondents, in social security appeals before the Upper Tribunal for Scotland. He has been repeatedly instructed in judicial reviews seeking to challenge decisions made under Environmental Impact Assessment regulations.

Since June 2024, Iain has been part of the Scottish Government’s Counsel team for the Scottish and UK Covid-19 Inquiries. As part of this role, he has provided advice, reviewed statements and documents, and attended Inquiry hearings in both Edinburgh and London. Iain has also been instructed as Crown Junior in several lengthy and complex Fatal Accident Inquiries and has assisted with the prosecution of rape, murder, and attempted murder in the High Court of Justiciary.

Iain has delivered guest lectures to students at both Glasgow and Edinburgh Universities. He regularly writes for the Free Movement blog, writing both case law summaries and courses. Iain also wrote, and between February 2023 and September 2025 updated, the immigration and citizenship section of Butterworths Scottish Family Law Service. He has a particular interest in inter-country adoptions and surrogacy, which invariably involve elements of both family and immigration and nationality law.

Selected cases

Immigration

CD v Secretary of State for the Home Department [2024] CSOH 101 (judicial review of a visit visa refusal; decision reduced due to failure to take into account the best interests of the petitioner’s grandchildren)

AB v Secretary of State for the Home Department [2024] CSOH 31 (judicial review relating to the domestic violence concession; decision reduced as, notwithstanding her inability to meet the rules, the petitioner’s argument that she had a reasonable expectation of settlement was not clearly unfounded)

DC v Secretary of State for the Home Department (P711/24) (judicial review of a decision refusing ILR due to a gap in continuous residence during the Covid-19 pandemic; petition conceded with the Respondent agreeing to grant ILR)

NN v Secretary of State for the Home Department (P386/25) (judicial review of a decision refusing a graduate visa; grounds included failure to apply evidential flexibility and procedural unfairness; petition conceded and visa subsequently granted)

Owusu v Secretary of State for the Home Department [2025] CSOH 22 (judicial review of a decision refusing entry as a student; decision reduced due to failure to recognise the distinction between refusal and cancellation of leave)

AM v Secretary of State for the Home Department [2025] CSOH 107 (judicial review of a decision cancelling a student visa on the grounds of deception; decision reduced due to failure to consider whether an innocent mistake had been made)

Wider public law

Social Security Scotland v AH, AS, SS, and GA 2024 UT 63 (appeal regarding the correct approach to determining eligibility for enhanced payment of the mobility component of Adult Disability Allowance; instructed for appellant; appeal allowed)

AA v Social Security Scotland (unreported, UTS/AS/25/0106) (application for permission to appeal based on article 6 ECHR, the Equality Act 2010, and procedural unfairness; instructed for respondent; permission refused)

East Renfrewshire Council v William Wright [2024] CSOH 70 (concerning the correct procedure for addressing article 8 issues when a motion for commission and diligence is made; instructed for defender; motion refused)

Ahmat v Aberdeenshire Council [2025] CSOH 15 (ordinary action for declarator of age; instructed for pursuer; decree of absolvitor granted)

Restore Nature Limited v Scottish Ministers (P392/25; ongoing) (judicial review of a screening decision issued by Scottish Forestry)

Inquiries and investigations

Fatal Accident Inquiry into the deaths of Katie Allan and William Brown [2025] FAI 6 (inquiry into the deaths of two young prisoners by suicide which considered the adequacy of the Scottish Prison Service’s suicide prevention strategy)

Fatal Accident Inquiry into the death of Jack McKenzie [2025] FAI 24 (inquiry into the death of a young prisoner by suicide which considered the adequacy of the Scottish Prison Service’s suicide prevention strategy and Management of Offenders at Risk from any Substance policy)

Fatal Accident Inquiry into the death of Badreddin Abdalla Adam Bosh (GLW-B24-25; ongoing) (police shooting following incident at the Park Inn Hotel in June 2020)

UK Covid Inquiry: Modules 3 (healthcare), 4 (vaccines), 7 (test, trace and isolate), and 8 (children and young people).

Scottish Covid Inquiry: Equalities and Human Rights, Business and Welfare, and Education and Certification impact hearings.

Appointments

April 2022 to February 2024: Nominated Presenting Officer for the Office of the Advocate General.

March 2024 to present: Standing Junior to the Scottish Government

Devilmasters

David Massaro; Tim Haddow; Janice Green

 

Areas of expertise

Contact

T: 0131 260 5705

Steven Walker KC to speak at the flagship event of Thailand Arbitration Center (THAC)

We are delighted to invite you to attend the flagship event of Thailand Arbitration Center (THAC) “International ADR Week 2022” with the most excited topic that you are looking for “Arbitration and ADR Beyond the Pandemic”. 

The webinar is entitled “Arbitration and ADR Beyond the Pandemic” and will feature Steven Walker QC of Themis Advocates.

14th July 2022 at 10:00 – 18:00 (GMT+7 Thailand time)

Please register from this link here

Newsletter

Description

Themis Advocates are committed to protecting the privacy and security of personal information. By using your information, we hope we can provide the news, content, products and services you’re interested in. The use of your information helps us understand what your needs and interests are, provide you with relevant content, and let you know about our events and services.

Our Privacy Policy explains how we collect and use information about you.

You can change your preferences at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at clerks@themis-advocates.co.uk.

Opening of the Legal Year Drinks Reception

Monday, 22nd September 2025 at 5.15pm

Joao’s Place within W Hotel, St James Quarter, Edinburgh, EH1 3AX

We are delighted to announce the return of our annual ‘Opening of the Legal Year Drinks Reception’, following the success of last year’s inaugural event. This occasion is set to become a cherished tradition in our legal calendar, and we would be thrilled to have you join us.

Set against the stunning backdrop of the city skyline, the W Hotel offers elegance, opulence, and a vibrant atmosphere—perfect for an evening of celebration and connection. We look forward to raising a glass with you as we mark the beginning of another exciting legal year.

Please RSVP by 18th September to Sara here.  

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.