Background On 20 December 2019, Mr Justice Supperstone dismissed our clients’ judicial review claims challenging the absence of equivalent safeguards to Rules 34 and 35 of the Detention Centre Rules for immigration detainees held within the Read more...
On the 3rd April 2019 in a non-accidental care case the Court allowed an appeal by a local authority against a finding that four rib fractures suffered by a baby were sustained accidentally by overlying while co-sleeping with her mother. Read more...
We represented the Claimant in a judicial review against Welwyn Hatfield Borough Council (“WHBC”). This was against WHBC’s decision to not accept a second application for homelessness assistance from the Claimant. Background Th Read more...
The case refers to a fact finding in respect of the father. It concerned C, an eight week old baby that suffered a serious non-accidental injury whilst in the care of his parents. Our clients were the maternal grandparents of the baby and as such, Read more...
This case proved to be a complex matter because the child’s (B) background and history was not clear from the outset. Furthermore, there was no person in the UK who exercised parental responsibility for her. This case considered in detail the Read more...
On 25 April 2019, the European Court of Human Rights (ECtHR) handed down judgment in the case of VM v UK (No 2) (Application no. 62824/16). The Court found that deficiencies in the detention review of a person suffering from mental heal Read more...
Ismail, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 3192 A substantial judicial review judgment was handed down on 26th November 2019 by the High Court. The legal points of principle within the Read more...
After protracted hearings and repeated local authority involvement, His Honour Judge Willans outlined the outcome of care proceedings in a final hearing on 24 May 2019 that concerned the welfare of a six child sibling group (A-F). This was Read more...
A child, ‘X’, who was deemed to be at risk of Female Genital Mutilation (FGM) and had a full travel ban ordered by the High Court preventing her from leaving the UK until she is 16, has been permitted to travel to Egypt for one week to facilitate Read more...
In this case the Court of Appeal provided welcome guidance in relation to resisting automatic deportation of foreign criminals on “very compelling” grounds. The Court of Appeal looked at the meaning and applicability of section 117C Read more...
The Court of Appeal has reversed the decision of the High Court on the applicability of the Community Infrastructure Levy. Duncan Lewis represented the successful appellant; Giordano Ltd. Local authorities can impose the Community Infrastr Read more...
On 5th April 2019, the Family Court ruled that, a case involving child care and a history of alcohol abuse, required a more ‘sophisticated analysis of the risk’ rather than a simple reliance on the past. The judgment also exposed flaws in t Read more...
The case involves an 18 year old (EOA). The Local Authority has applied for declarations and orders under s15 and s16 of the Mental Capacity Act 2005. Orders were sought to determine whether EOA lacked capacity to make decisions regarding: the Read more...
The Family Court gave judgment on 27th September 2019 confirming that it has no powers to prevent the Secretary of State of the Home Department (SSHD) from deporting a vulnerable girl who is at risk of Female Genital Mutilation (FGM) if she is ret Read more...
The Administrative Court has found that that the SSHD (in its guise as the National Referral Mechanism [NRM]) unlawfully concluded that our client, WEN, did not have ‘reasonable grounds’ that she is a victim of human trafficking. Ba Read more...
The Secretary of State for the Home Department (SSHD) appealed against the decision of the Upper Tribunal (UT) Immigration and Asylum Chamber to allow the appeal against the cancellation of our client, BK’s indefinite leave to remain (ILR) in the Read more...
This judgement gives guidance to practitioners on the correct procedure for raising a cross appeal in the Upper Tribunal. It further provides guidance on;
The Court of Appeal handed down judgment in Lauzikas v SSHD on 9 July 2019. This judgment considered the appeals of both parties from the judgment of Michael Fordham QC (sitting as a Deputy High Court Judge) in Lauzikas v SSHD [2018] Read more...
International family law solicitor Helen Newman and child care solicitor Rebecca Slee have recently succeeded in obtaining the return of a child to Australia after she had been in the UK for 15 months. This first instance case in the High Read more...
Duncan Lewis represents Claimants in successful application to the High Court for a general interim relief order to prevent the Secretary of State for the Home Department from curtailing support for confirmed victims of trafficking. On 13 Read more...
This case concerns a five year old child who was born in London in 2013. The child’s parents are Eastern European nationals and arrived in England shortly before the child’s birth. They had no money, were not working, and were homeless. When the chil Read more...
The Claimant in this case is one of many rough sleepers who have been detained by the Secretary of State for the Home Department (SSHD) for an alleged breach of treaty rights under Immigration (EEA) Regulations 2006 (the EEA Regulations). Ruling in t Read more...
On 13 March 2019, the Supreme Court concluded that the rejection of the Appellant’s further submissions did not attract a right of appeal after the Appellant sought for the Court to find that the Secretary of State for the Home Department’s (SSHD) ap Read more...
This judgment deals with the principles on the procedural approach of the Upper Tribunal in immigration judicial review proceedings involving an applicant who is a child, specifically when it is necessary for a child to be represented by a litigat Read more...
Duncan Lewis Solicitors represented a wife whose divorce was sought to make void in an application made by the Queen’s Proctor. History of case The matter concerns an application made by the Queen’s Proctor (‘QP’), the QP is the C Read more...
Following a decision made in an appeal to the Upper Tribunal of the Immigration and Asylum Chamber, the Appellant, a citizen of Saint Lucia (St Lucia), has Read more...
Following the Court of Appeal’s judgment in Omar & Others vs The Secretary of State for the Home Department (SSHD), an appeal will be launched to the Supreme Court regarding the appellants’ challenge to the legality of Read more...
Following the strike out of the claim that the Landlord (Property Development Company) brought against our client, an assured tenant of the property, the Court of Appeal has set aside the County Court judgments and the case has been listed for re- Read more...
As the Hon Mr Justice Lane noted from the outset, the legal proceedings that have resulted from the hijacking of an aircraft from Afghanistan to the UK in February 2000 ‘have been both various and protracted’. He regretted that the current hearing Read more...
This case provides another insight into whether a detained asylum system can be operated fairly and without detriment to detainees. In a ruling handed down on 10 January 2019, Nicholas Paine QC concluded that the Home Office failed to carry out Ru Read more...