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Reported Case News

Duncan Lewis:Reported Case

Crown Prosecution Service & Ors v Gohil [2012] EWCA Civ 1550 (26 November 2012)

Family – Court of Appeal (Family Division) - whether section 9(2) of the Crime (International Co-operation) Act 2003 Act permits the use in family proceedings of evidence obtained pursuant to a request under section 7.

Held: the 2003 Act pro  Read more...

Duncan Lewis:Reported Case

Slater v Condappa [2012] EWCA Civ 1506 (22 November 2012)

Family Law - Court of Appeal (Civil Division) – Beneficial Interest in Property

Held: to establish a claim to a beneficial interest in the property, which at the start of their relationship was in the sole beneficial ownership of the respond  Read more...

Duncan Lewis:Reported Case

V, R (On the Application Of) v Commissioner of Police for the City of London [2012] EWHC 3430 (Admin) (14 November 2012)

QBD Divisional Court – Adam Tear Director & Solicitor Advocate acted for Claimant - Challenging police’s continued retention of claimant’s information on PNC – Breach Art. 8 ECHR. Dismissed.  Read more...

Duncan Lewis:Reported Case

KR, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1555 (18 October 2012)

Court of Appeal (Civil Division) – Immigration – Adam Tear Director & Solicitor Advocate acted for Appellant - Judicial Review Costs Appeal against no order to Costs against SSHD - CPR 44.3(2) Application – Appeal Allowed.  Read more...

Duncan Lewis:Reported Case

Mulliqi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2852 (Admin) (18 October 2012)

Immigration/Public Law Detention – Administrative Court – Acted for Claimant - Challenge to lawfulness of Claimant’s detention for period of 23 months. Held: Detention Unlawful & Secretary of State’s actions were strikingly ineffectual.

The   Read more...

Duncan Lewis:Reported Case

Suchanek v District Court for Prague 8 Prague Czech Republic [2012] EWHC 2987 (Admin) (12 October 2012)

Criminal Law - Administrative Court – Acted for Appellant – Statutory Appeal against Extradition – Article 8 ECHR – Appeal Allowed.  Read more...

Duncan Lewis:Reported Case

SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940 (13 July 2012)

Immigration/Public Law - Court of Appeal (Civil Division) – Acted for SG Appellant – Considering authoritativeness of Country Guidance Determinations - Whether the grant by the Court of Appeal of permission to appeal a Country Guidance determination   Read more...

Duncan Lewis:Reported Case

Lamari, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1630 (Admin) (18 June 2012)


Unlawful Detention – Foreign National – Entitled to Damages for Period of Unlawful Detention – Finding of contempt made against SSHD




Mr Lamari was served with a deportation order to Algeria on 15 December 2012 an  Read more...

Duncan Lewis:Reported Case

AL (Albania) and Others v Secretary of State for the home Department [2012] EWCA Civ 710 (30 May 2012)

This test case was heard to give general guidance as to the correct basis of the order for costs where the appeal is disposed of by consent in circumstances in which the appellant has obtained a benefit – either a remittal to the court below to re-he  Read more...

Duncan Lewis:Reported Case

Almeida v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (27 April 2012)

Duncan Lewis helps dying and homeless Portuguese man who was refused accommodation and was being repatriated to Portugal by a London council to win his High Court case

Duncan Lewis’ Community Care Department acting on behalf of Mr Almeida in  Read more...

Duncan Lewis:Reported Case

ST Eritrea, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 12 (21 March 2012)


Immigration/Public Law - UK Supreme Court – Considered whether article 32(1) of the Geneva Convention relating to the Status of Refugees (1951) apply only to a refugee who has been given the right lawfully to stay in the contracting state, a  Read more...

Duncan Lewis:Reported Case

JD (Congo) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 327 (16 March 2012)

Duncan Lewis was instructed in the lead case of JD (Congo) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 327 in which the Court of Appeal considered, and provided guidance on, the ‘Second Appeals Test.’ Specifically, the court ha  Read more...

Duncan Lewis:Reported Case

Saleh, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 329 (Admin) (3 February 2012)

Immigration/Public Law – Administrative Court – Challenging legality of Immigration Detention following signing of Deportation Order – Somaliland – Dismissed.
  Read more...

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