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Civil Liberties and Human Rights

Awards and Recommendations for the Civil Liberties and Human Rights Department
Duncan Lewis - Chambers and Partners Duncan Lewis - Chambers UK Duncan Lewis - Legal 500

“Immigration specialist Duncan Lewis Solicitors has expertise in inquires and large judicial reviews and represents vulnerable people in human rights, crime, prison law, court of protection, mental capacity and social welfare matters. Issues related to Windrush are another forte for the firm, which also has an increasing international public law presence, developing litigation challenges to UK government practices in Libya and Eritrea…”

Legal 500 2022 Edition.
Immigration: human rights, appeals and overstay / London; Wales; South East; East Midlands; West Midlands

"Particularly well known for its work on behalf of legal aid clients, including vulnerable individuals such as LGBT+ asylum seekers and those with mental health conditions. Active across the spectrum of human rights-related immigration cases, including unlawful detention challenges and leave to remain applications. Routinely appears before the higher domestic courts, including the Court of Appeal and Supreme Court."

Chambers and Partners 2022 Edition.
Immigration: Human Rights, Asylum and Deportation / UK-wide

"They are very involved in broad strategic challenges, particularly regarding immigration detention. They are very creative and keen to think outside the box."

Chambers UK 2021 Edition.
Immigration: Human Rights, Asylum and Deportation / UK-wide

“The immigration team at Duncan Lewis Solicitors is well-regarded for its work in asylum, human rights and nationality law. Public law director Toufique Hossain has extensive experience representing asylum seekers, many of whom are vulnerable clients. The practice has a strong track record of acting for victims of modern slavery, trafficking, torture, and domestic violence and for unaccompanied asylum-seeking minors. Other key areas of work include ECHR cases and cases involving civil liberties.”

Legal 500 2021 Edition.
Immigration / London

Duncan Lewis Solicitors is ‘one of the leading firms in the field of immigration’ and has achieved success in several Supreme Court, High Court, Court of Appeal and Upper Tribunal cases.

Legal 500 2019 Edition.
Civil Liberties and Human Rights / London
Civil Liberties & Human rights

 

Praised for our depth in experience and commitment to Human Rights by Legal 500 2015 and 2014 editions, we are specialist civil liberties practitioners covering a number of areas of law including Immigration, Public Law, Community Care, Welfare Benefit, Childcare, Family, Housing and Crime. Our team of lawyers transcends a number of these key legal departments to ensure an effective and consistent multidisciplinary approach to our representation. We have extensive experience challenging human rights violations for victims of torture, trafficking, domestic violence and unaccompanied minors. A number of our clients are often very vulnerable with illnesses and/or severe mental health conditions.

 

Civil liberties are those freedoms and protections explicitly granted by our domestic law – such as the Data Protection Act, the Equality Act etc. Although Public bodies in the United Kingdom are naturally expected to act in accordance with domestic law, Duncan Lewis are ready to assist you if, as happens occasionally things do go wrong that require legal action.

 

Human rights law fills the gap between those explicit protections and the rights of individuals set out in the articles of the European Convention on Human Rights. Some of these articles, such as article 3 - the right to protection against ‘inhumane or degrading treatment’ are absolute and no breach of the right can be lawful. For other articles, such as article 8 - the right to ‘respect for private and family life’, the right is qualified, and breaches of the right may be lawful in some cases but not in others. If a decision is in accordance with domestic law, but interferes with a qualified right, then the interests of the individuals affected are weighed against those of society at large.

 

Unfortunately, British authorities often interpret human rights in an unduly restrictive manner, and it is frequently necessary to bring a legal challenge to secure those rights, and sometimes to secure compensation for breach of those rights.

 

Human rights are protected in law in a variety of ways:

  • They can be relied upon in appeals against the decisions of public bodies.
  • If the decision does not come with a right of appeal then the decision can be judicially reviewed and quashed on the basis that it breaches human rights (unless the sole remedy sought is damages).
  • If the sole remedy sought is damages, then a claim can be brought in either the County Court or the High Court under the Human Rights Act.
  • If a case has exhausted its domestic remedies – i.e. no further appeal can be brought under domestic law – then a further appeal can be made to the European Court of Human Rights, which can also grant temporary relief pending the resolution of the case.
  • The High Court can also strike down provisions of domestic law which are inconsistent with human rights law, unless the provision is contained in an Act of Parliament in which case it can make a ‘declaration of incompatibility’.

Contact our civil liberties & human rights law solicitors and specialist team now if you require advice on a civil liberties & human rights law matter. A member of our team will be happy to assist you.


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