Costs in public law cases: what counts as a win?
17 May 2016
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The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to
The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to
“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the
President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in
In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that
A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we
Hot on the heels of a new consultation on the duty of candour in judicial review proceedings, the Court of Appeal has handed down an
Welcome to the February 2016 edition of the Free Movement immigration update podcast. In this episode I cover a few policy issues then move on
The High Court has awarded damages of just £3,750 to an Algerian man for a period of five months of unlawful detention. This was just
The First-tier Tribunal has allowed the Home Office appeal against the Information Commissioner’s decision that training slides used to inform Home Office Presenting Officers on
In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but
The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to deal with costs issues but in recent years we have seen some very low quality and controversial costs decisions at first instance in the Administrative...
“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the Home Office in the course of their judgments in the remarkable case of R (On the Application Of Ufot) v Secretary of State for the...
President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office...
In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan)...
A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we can hope that it will have a significant impact because what it really requires is a proper risk assessment before a person is accepted into...
The High Court has awarded damages of just £3,750 to an Algerian man for a period of five months of unlawful detention. This was just the latest period of immigration detention for Mr Sino, though, who has been detained for a cumulative total of seven years and two months. Mr...
The First-tier Tribunal has allowed the Home Office appeal against the Information Commissioner’s decision that training slides used to inform Home Office Presenting Officers on the 2014 legislative reforms to human rights law should be released. Some additional limited information will be published but the Home Office’s internal instructions to...
In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there...