ANNEX
11. As we indicated, this appeal raises a procedural question. The appellant is represented by solicitors in Manchester, and the sponsor lives in Manchester. For the appeal, the solicitors instructed an English barrister, Mr Biggs. Because of the continuing consequences of the Covid-19 pandemic, the hearing, on 25 August 2021, was to be by remote means. Shortly before the hearing, Mr Biggs discovered that the judge of the Upper Tribunal hearing the appeal was in Scotland. Being aware of the provisions of Part 5 of the Immigration and Asylum Act 1999 he sought an adjournment on the ground that in the circumstances he might be committing a criminal offence by making his submissions, and that it would be unethical for him to appear for the appellant in circumstances in which he could not be satisfied that he was entitled to do so. He was, apparently, supported in that view by the Bar Council. Judge Macleman granted the adjournment. The hearing before us was in person, in England. We wish to put on record that Mr Biggs is not to be criticised for the position he took on the material available to him. 12. The question raised is this: can an English barrister appear in an immigration appeal if the barrister is in England but the judge, hearing the appeal by remote means, is in Scotland? The question, and the answer, apply equally to any person regulated in England and Wales by the Bar Council, the Law Society, or the Institute of Legal Executives, and requires examination of the wider meaning of the relevant statutory provisions.