All Articles: compensation

A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High Court has held in R (on the application of Thompson) v Secretary of State for the Home Department [2023] EWHC 2037 (Admin). The compensation scheme...

11th August 2023
BY Deborah Revill

The High Court has dismissed a claim for judicial review of a paid settlement sum of £103,501.21 under the Windrush Compensation Scheme on the grounds of abuse of process as the amount offered by the government had already been accepted before pursuing the judicial review. The case is Vernon Vanriel...

10th May 2023
BY Charlotte Rubin

This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats impounded over illegal immigration charges In 2015, an immigration officer issued letters purporting to detain three fishing vessels owned by Galbraith Trawlers. Mr Galbraith, the...

9th June 2021
BY Iain Halliday

The case of Advocate General for Scotland v Adiukwu [2020] CSIH 47 answers the question of whether the Home Office has a private law duty to grant a person discretionary leave to remain and issue them with a letter to allow them to take up employment once a tribunal has...

21st August 2020
BY Bilaal Shabbir

Shittu v The Home Office [2017] EWCA Civ 1748 is a sad case which illustrates how difficult it is to bring legal challenges against the Home Office for using excessive force against migrants during the removal process. Civil claims against the Secretary of State in these circumstances turn on whether...

19th December 2017
BY Alex Schymyck

The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of some categories of appeal are allowed. However, there are only some limited circumstances where it is possible to extract compensation from the Home Office by...

18th November 2014
BY Colin Yeo
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