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Duncan Lewis

 

Duncan Lewis:Public LawInter-Party Costs: A long and winding road to recovery (21 July 2015)

 

Many would believe that the conclusion of a case occurs when its’ purpose has been resolved successfully or unsuccessfully. However, the issue of costs can sometimes be as complex as the matter itself.

 

 

Duncan Lewis:Public LawDuncan Lewis Public Law Director Toufique discusses the Suspension of Home Office Fast Track Detention on RT News (16 July 2015)

 

Duncan Lewis Public law Director Toufique Hossain spoke to Afshin Rattansi on RT News Going Underground about the suspension of the Home Office’s fast-track detention program on RT News Going Underground on the 15th July 2015.

 

 

Duncan Lewis:Public LawThird Country Removals and Open Borders (7 July 2015)

 

In this article Bahar Ata of the Duncan Lewis Public Law team discusses Third Country Removals and Open Borders.

 

 

Duncan Lewis:Public LawHome Office Defeated at High Court Over Fast Track Detention Process (3 July 2015)

 

It was declared at the High Court today that the Home Office’s treatment of four vulnerable detainees through the Fast Track Detention process was unlawful.

 

 

Duncan Lewis Successfully Represents Claimant Unlawfully Detained in Prison under Immigration Powers (2 July 2015)

 

Legal 500 “Top Tier” firm Duncan Lewis Solicitors have successfully represented a Claimant who had been detained for over two years in prison under immigration powers.

 

 

Current Detained Fast Track Immigration System to be Suspended (2 July 2015)

 

Today the Government announced in a statement to Parliament that the Detained Fast System is to be suspended owing to the risk of unfairness to vulnerable applicants.

 

 

Duncan Lewis:Public LawJudge held that decisions of the Legal Aid Agency to refuse to grant Exceptional Case Funding to a vulnerable St. Lucian woman were clearly flawed (23 June 2015)

 

Duncan Lewis represented a Claimant who was refused Exceptional Case Funding (ECF) for an Article 8 appeal. In her decision, the Judge forced the Legal Aid Agency (LAA) to reconsider their decisions to refuse ECF, and the LAA has since granted ECF to cover our client’s ongoing appeal proceedings.

 

 

Duncan Lewis:MainHigh Court rules that Home Office Delays in Issuing EU Documentation Unlawful in landmark Duncan Lewis test case (12 June 2015)

 

There is good news for those forced to wait for lengthy periods of time for the Home Office to issue applicants with EU documentation confirming their right to reside in the UK.

 

 

Legal Aid in the Courts for Contempt - Brown v The London Borough of Haringey [2015] EWCA Civ 483 (9 June 2015)

 

The underlying essence of this article is that legal aid is available by different routes on a means and merits free basis, in all higher civil courts. In the lower civil courts, legal aid is provided on the basis of merits, but no means tests. In the criminal courts, it is provided in the Crown Court and Magistrates on a merits and means test, on the standard basis.

 

 

Duncan Lewis:Public LawCyprus – Still a far cry from European Standards (5 June 2015)

 

Cyprus has always been the place to visit to soak up the sun and is described as many travel agents as “the home of the all-inclusive”. Sadly, this is not the reception that refugees are greeted with on arrival in Cyprus, during their time in Cyprus or even once they have been granted international protection.

 

 

Duncan Lewis:MainJudgment Reported in Duncan Lewis Iran Social Media Immigration Human Rights Case (20 May 2015)

 

Judgment has been reported in the case of AB and Others Iran [2015] UKUT 0257 (IAC) where Duncan Lewis represented the claimant who is an Iranian citizen seeking asylum in the UK due to risks to his person if he was removed back to Iran.

 

 

Interim Relief Granted to Prevent Forced Removals to Afghanistan (22 April 2015)

 

After challenging and obtaining injunctive relief for a significant number of their clients who were due to be removed on the charter flight that departed to Kabul on 10 March 2015 after the production of fresh evidence about the significant deterioration in the country conditions in Afghanistan, the Public Law team at Duncan Lewis Solicitors represented 19 men that were due to be removed on the charter flight scheduled to depart at 23:30 on 21 April 2015. Judicial review applications were for lodged for each of these clients.

 

 

Duncan Lewis continue to challenge removals to Afghanistan (15 April 2015)

 

A hearing in relation to the ongoing position of the Secretary of State for the Home Department is currently scheduled for 22 April 2015 before the Upper Tribunal President, Mr Justice McCloskey.

 

 

Duncan Lewis:Public LawDuncan Lewis challenge legality of SSHD’s interpretation of the published policy relating to Discretionary Leave (8 April 2015)

 

The case of SB & ABD (A MINOR) sought to challenge the legality of the Secretary of State's historical and ongoing failure to grant the Applicants further Discretionary Leave to remain in the United Kingdom, after the first Applicant had previously been granted three years of Discretionary Leave in this country.

 

 

Vulnerable Asylum Seekers Granted Interim Relief against Removal to Afghanistan by Chartered Flight (24 March 2015)

 

Following the release of new evidence regarding the deterioration of conditions in Afghanistan, Duncan Lewis Solicitors challenged the removal of a number of vulnerable asylum seekers to Afghanistan by charter flight scheduled for 22:30 on Tuesday 10 March 2015.

 

 

Duncan Lewis Public Law Solicitor Toufique Hossain features on Channel 4’s “Serious self-harm soars at Harmondsworth since 2012” Report (11 March 2015)

 

Duncan Lewis Public Law Director Toufique Hossain spoke to Channel 4 as part of their “Serious self-harm soars at Harmondsworth since 2012” report regarding the temporary stay granted to 20 Afghan Asylum seekers who were due to be deported by chartered flight at 10.30 PM on the 10th March 2015.

 

 

Duncan Lewis:Public LawConflict prone binary thinking:the Home Office’s obsession with detaining asylum seekers (9 March 2015)

 

Since the late 1980s, as the overall number of asylum-seekers has risen the U.K has responded with an increasingly restrictive policy of deterrence.

 

 

Duncan Lewis Challenging Home Secretaries Afghanistan Removals Policy (9 March 2015)

 

Duncan Lewis Solicitors are challenging the continuing policy of the Home Secretary to carry out removals to Afghanistan and are attempting to obtain interim relief to stop the charter flight scheduled for Tuesday 10 March 2015.

 

 

Claimant’s Duty of Candour and Disclosure in Judicial Review Proceedings (9 March 2015)

 

The Claimant is subject to a continuing duty to make a full and frank disclosure when making a claim for Judicial Review. This duty is broad and the Court will put faith in the Claimant to inform the Court of all material facts known to them.

 

 

Duncan Lewis:MainLooking Beneath the Surface: Identifying the Victims of Modern Slavery (28 January 2015)

 

Eleri Haf Davies of the Duncan Lewis Public Law team examines the global issue of human trafficking drawing on the example of the "Football Slave Trade".

 

 

Duncan Lewis:Public LawDeprivation, Desperation & Degradation – The Plight of Refugees in France (14 January 2015)

 

France is a country at the forefront of the European Union, a founding member of the United Nations, and home to more millionaires than any other nation aside from only the United States and the United Kingdom. That being said, thousands of individuals attempt to flee France every month in the hope of reaching the United Kingdom.

 

 

Duncan Lewis:Public LawHungary’s treatment of asylum seekers: leashes, handcuffs, torture and a breach of Article 3 ECHR? (8 January 2015)

 

An oral permission hearing took place before the Court of Appeal in the case of HK (Sudan) v The Secretary of State for the Home Department (C4/2014/2424) on 3rd November 2014. This was considered by the Court of Appeal to be the lead case concerning a Third Country challenge to the decision of the Secretary of State for the Home Department to remove our client to Hungary.

 

 

Duncan Lewis:MainSSHD “Acted Unlawfully” in Three Year “False Imprisonment” of Duncan Lewis Immigration Solicitors Client (24 November 2014)

 

Legal 500 “Top-Tier” firm Duncan Lewis win exceptional victory in which the SSHD was found to have acted unlawfully in the immigration detention of Portuguese man which lasted over three years.

 

 

Duncan Lewis:MainDuncan Lewis Immigration Public Law Director James Packer receives Chambers UK 2015 Leading Lawyer in his Field recommendation (3 November 2014)

 

Duncan Lewis Solicitors is pleased to announce that Director James Packer has been recognised by Chambers UK 2015 as a Leading Individual for his Immigration Human Rights work in London for the second consecutive year.

 

 

Duncan Lewis:MainDuncan Lewis Public Law Immigration Department fact finding trip to Hungary (30 October 2014)

 

Shalini Patel and Lauren Mayer of Duncan Lewis’ Public Law Immigration Department have recently returned from a fact finding trip in Budapest, Hungary.

 

 

Duncan Lewis:Community CareCommunity Care Solicitor Monica Kreel joins Duncan Lewis Solicitors from Edwards Duthie (28 October 2014)

 

Duncan Lewis Solicitors are pleased to announce former Edwards Duthie Community Care Solicitor Monica Kreel has joined the firm. Monica has joined Duncan Lewis Solicitors as a Solicitor in the firm’s Dalston Community Care department

 

 

Duncan Lewis:MainDuncan Lewis Public Law Immigration Department Fact finding trip to Bulgaria (23 October 2014)

 

Toufique Hossain and Sheroy Zaq of Duncan Lewis’ Public Law / Immigration Department have recently returned from Sofia, Bulgaria. This visit took place in order to obtain evidence for the case of R (oao) SSI v The Secretary of State for the Home Department (JR10504/2014).

 

 

Duncan Lewis:MainLegal 500 recommended Solicitor Adam Tear wins Law Society Solicitor Advocate of the Year 2014 award (13 October 2014)

 

Duncan Lewis Solicitors are pleased to announce that Legal 500 recommended Solicitor and Public Law Director Adam Tear has been awarded the Law Society Excellence Awards Solicitor Advocate of the Year award for 2014.

 

 

Duncan Lewis:MainPractitioners’ guide to criminal judicial review published (10 October 2014)

 

Criminal Judicial Review, a comprehensive guide to judicial review in the criminal justice system, has been published by Hart Publishing with a Foreword by the Rt Hon Lord Judge. James Packer, a director of Duncan Lewis contributed the chapter on costs.

 

 

Duncan Lewis:MainDuncan Lewis ranked by Legal 500 2014 as a leading law firm in Immigration & Civil Liberties Judicial Reviews with Toufique Hossain and James Packer recommended (7 October 2014)

 

Duncan Lewis have been ranked as a leading law firm by the Legal 500 2014 in the practice areas of Public Law Immigration & Civil Liberties Judicial Reviews with 2 individual lawyer recognitions.

 

 

Duncan Lewis:MainDuncan Lewis Immigration Department Members receive Law Society Level 2 Accreditation (5 September 2014)

 

Duncan Lewis Solicitors are pleased to announce that several members of the firm’s Immigration and Public Law Departments have received Law Society Immigration and Asylum Law Level 2 Accreditation status.

 

 

Duncan Lewis:Public LawDuncan Lewis Solicitors Adam Tear shortlisted for Law Society’s Solicitor Advocate of the Year for second year running (21 August 2014)

 

Duncan Lewis Solicitors are pleased to announce that Public Law Director Adam Tear has been shortlisted for the Law Society’s Solicitor Advocate of the Year for the second consecutive year running.

 

 

Duncan Lewis:Public LawDuncan Lewis challenge legality of SSHD’s ongoing failure to grant Claimant leave to remain in the UK under Article 8 ECHR (25 July 2014)

 

The case of Syed Shah sought to challenge the legality of the Secretary of State's historical and ongoing failure to grant the Claimant leave to remain in the United Kingdom, and additionally sought to claim damages for the Home Office's unlawful delay in reaching a decision upon his leave to remain application.

 

 

Duncan Lewis:Public LawDuncan Lewis challenges the SSHD for alleged breach of a consent order agreed in a judicial review claim (3 July 2014)

 

Court Judgement states that the SSHD is to publish further clarification whether her policy requiring asylum and Article 3 protection claims to be made in person includes claims for humanitarian protection after case of Sri Lankan National represented by Duncan Lewis Solicitors “addressed the issue of wider importance” following an alleged breach of a consent order agreed in a judicial review claim.

 

 

Duncan Lewis:Public LawSSHD found to have “insufficient resources” to monitor and review administrative detention of Sudanese torture victim (27 June 2014)

 

The Secretary of State for the Home Department was found to have “insufficient resources” to monitor and review administrative detention of a Sudanese torture victim represented by Duncan Lewis Solicitors.

 

 

Regina Oao Reis, Edgehill and Others -V- Director of Legal Aid CaseworkK (13 June 2014)

 

In 2012 the government made extensive and controversial cuts to legal aid for civil matters, which removed legal aid funding for many types of matters.

 

 

Duncan Lewis:ImmigrationAsylum conditions in Italy allegedly “not severe enough to prevent removal of refugees from the UK” (12 June 2014)

 

Duncan Lewis Immigration and Human Rights Solicitors are to appeal the High Court’s decision to remove 6 refugees from the UK to Italy as the conditions in Italy are allegedly “not severe enough to prevent removal”.

 

 

Duncan Lewis Immigration Solicitors prevent Theresa May deporting asylum-seeker back to “lawless” Somalia (5 June 2014)

 

Duncan Lewis Solicitors have prevented Home Secretary Theresa May from “unlawfully” deporting a Somali asylum-seeker to Somalia after Judge granted a last minute injunction halting his removal.

 

 

Senior Immigration Public Law Advisor Sarah Latimer joins Duncan Lewis Cardiff Team (16 May 2014)

 

Duncan Lewis Solicitors are pleased to announce that Senior Immigration Public Law Advisor Sarah Latimer has joined the firm's Cardiff Public Law team.

 

 

Duncan Lewis:Public LawPublic Law Solicitor Amee Patel joins Duncan Lewis Solicitors (8 May 2014)

 

Public Law Solicitor, Amee Patel joins Legal 500 recommended Duncan Lewis Solicitors Public Law Department.

 

 

Legal Aid Curtailed in Judicial Review Applications (26 March 2014)

 

Following a number of significant Government changes to Judicial Review from the 22nd April 2014 Legal Aid will be curtailed in the vast majority of Judicial Review cases.

 

 

Disputed Minors in Immigration Detention (19 March 2014)

 

Duncan Lewis Public Law Consultant Lucy Philps-Tate discusses the topic of disputed minors in immigration detention in her Public Law article.

 

 

Removal under Dublin III, a Public Law perspective (12 March 2014)

 

With the ascension of the already infamous Dublin III Regulations, taking the reins on 1 January 2014, the European Council had the chance to clarify a number of issues surrounding the most contentious area of Immigration jurisprudence. Removal to a third country different from the original Eurozone country that a migrant entered.

 

 

SSHD Breach of Duty - Failure to Trace Challenge (10 March 2014)

 

Duncan Lewis solicitors currently represent a number of clients from Afghanistan, whom arrived in the United Kingdom. One such client arrived in 2009 as a minor from Afghanistan and claimed asylum and was placed in local authority care aged 17.

 

 

Costs in the Court of Appeal following JE (JAMAICA) V SSHD [2014] EWCA Civ 192 (4 March 2014)

 

Duncan Lewis Immigration and Public Law Solicitor Adam Tear discusses the issue of Costs in the Court of Appeal following JE (JAMAICA) V SSHD [2014] EWCA Civ 192

 

 

EM (Eritrea) in the Supreme Court and Italy Third Country Returns (28 February 2014)

 

The Supreme Court in EM (Eritrea) and Others [2014] UKSC 12 was seized of the issue of the relationship between EU law and the ECHR in the context of the Common European Asylum System (CEAS).

 

 

Duncan Lewis Immigration Solicitors win Poloko Hiri High Court Case in relation to British Citizenship Naturalisation (18 February 2014)

 

Legal 500 recommended Immigration Solicitors Duncan Lewis today won the case of Poloko Hiri, a Botswanian "Sapper" in the British Army who was refused British citizenship due to a "minor speeding offence"- POLOKO HIRI v SSHD [2014] EWHC 254 (Admin).

 

 

Duncan Lewis Represent Iranian KDPI Musician and Blogger in Iran Country Guidance Case (18 February 2014)

 

Duncan Lewis Solicitors represented Iranian HS in pivotal Iran Country Guidance Case which was heard on 28-31st January 2014.

 

 

Migrants Left in Limbo On Appeals (4 February 2014)

 

James Packer interviewed by Associated Press over concerns about the appeals process

 

 

The rise of the litigant in person, and the loss of legal aid (29 January 2014)

 

A recent case of Chelmsford County Court v Ramet – Re: committal to prison [2014] EWHC 56 (Fam), highlights the growing concern among the Judiciary and the profession in respect to litigants in person, and proper administration of justice.

 

 

Public Law Solicitor Adam Tear article: The rise of the litigant in person, and the loss of legal aid (28 January 2014)

 

A recent case of Chelmsford County Court v Ramet – Re: committal to prison [2014] EWHC 56 (Fam), highlights the growing concern among the Judiciary and the profession in respect to litigants in person, and proper administration of justice.