Reported Case Articles
Landmark Ruling: Marriage Deemed Unrecognisable by Court of Appeal in SA, Re (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003 (29 November 2023)
In a landmark ruling by the Court of Appeal in the case of SA, Re (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003, Duncan Lewis Family Law Director Krina Parmar secured a significant victory for the client, representing the fathe Read more...
Duncan Lewis secures order for father and return of children to the UK in R-v- G [2022] EWHC 1428 (Fam) (10 August 2023)
Duncan Lewis Solicitors successfully obtained a court order for a father, requiring the mother to bring their children back from Jordan to England. The judge denied the mother's request to delay the decision, pointing out concerns about the Read more...
Secretary of State’s Appeal on Revoking Deportation Order Fails in Tomlinson V Secretary for the Home Department [2023] UKAITUR IA132732021 (21 July 2023)
An appeal made in a bid to reinforce the deportation of Mr. Tomlinson has been dismissed by the Upper Tribunal, as judges find that there are “exceptional circumstances which outweigh the public interest in deportation.” The judgment on the Read more...
Sri Lankan asylum seekers stranded in Diego Garcia win right to legal aid (5 May 2023)
Ten Sri-Lankan asylum seekers who landed on Diego Garcia in the British Indian Ocean Territories (BIOT) in October 2021 won their judicial review claim in the Supreme Court of the BIOT in a judgment handed down today. The Claimants were amo Read more...
At-home artificial insemination falls within the scope of The Human Fertilisation and Embryology Act 2008, court rules (25 April 2023)
The Family Court has confirmed that Parental Orders can be made under s54 of the Human Fertilisation and Embryology Act 2008 (HFEA), where children who are subject to the application are conceived by way of home insemination via private surrogacy Read more...
Successful Outcome in Children Act Proceedings: No Indirect Contact Order and Prohibited Steps Order Obtained by Duncan Lewis Solicitors in F v M [2023] EWFC 5 (12 April 2023)
The case involved serious allegations of controlling and coercive behavior by the father towards the mother. The judge had previously rejected the father's request for a Child Arrangement Order, and he appealed. However, the Court of Appeal rejected Read more...
Upper Tribunal misdirected itself and denied appellant a fair hearing Court of Appeal rules in AEB and Secretary for the Home Department [2022] EWCA Civ 1512 (1 February 2023)
The Court of Appeal ruled that the Upper Tribunal misdirected itself in respect of the legal principles, which led to a client being denied a fair hearing in relation to a deportation case. Duncan Lewis successfully represented the appellan Read more...
Judge notes Home Office’s ‘unreasonable conduct’ in immigration detention claim and orders it to pay indemnity costs (PZX v SSHD) (19 December 2022)
The Administrative Court has highlighted serious failings in relation to the Home Office’s treatment of a claimant placed in immigration detention in the case of “PZX v SSHD”. The court has ordered the Home Office to pay the claimant’s costs in re Read more...
Parents in ‘dying baby’ case were denied a fair hearing a Court of Appeal Judge has held in NHS Foundation Trust v A F & M 2022 (EWHC) 2422 (fam) (4 October 2022)
A couple’s adjournment appeal to allow them the chance to find pro bono representation was wrongly rejected the Court of Appeal has held in the tragic case of baby A. The couple should have been allowed the opportunity to challenge the deci Read more...
Supreme Court holds Diplomatic Immunity does not protect serving diplomats from civil claims of Modern Slavery in a landmark ruling on Basfar V Wong [2022] UKSC 20. (4 August 2022)
In a landmark ruling the Supreme Court holds that diplomatic immunity does not protect serving diplomats from civil claims of modern slavery. Duncan Lewis public law solicitor, Read more...
Supreme Court rejects three appeals relating to a bid to deport three foreign national criminals in a judgment on HA, RA, and AA v the Home Secretary (25 July 2022)
Three appeals relating to the plans to deport three foreign nationals convicted of crimes in the UK have been dismissed by the UK Supreme Court. The judgments on the linked appeals of HA (Iraq), RA (Iraq) and AA (Iraq) concern whether depor Read more...
Damages for repairing covenant breaches subject to the Simmons v. Castle 10% uplift, Court of Appeal holds in judgment on Khan v Mehmood EWCA Civ 791 (27 June 2022)
General damages for breaching a repairing covenant are subject to the Simmons v. Castle 10% uplift, the Court of Appeal has held in a judgment on a long-running housing dispute case. The ruling concerns a rarely granted appeal by the Read more...
Lord Chief Justice holds a Father’s bid to obtain ‘absolute protection’ from prosecution would have ‘undermined the rule of law’ in P (Children: Disclosure) [2022] EWCA (16 June 2022)
The Court of Appeal refused a Father's application for protection from the possibility of any admissions or incriminating evidence being used in criminal proceedings, which he made or may make in private children act proceedings. We represe Read more...
E3 & Ors v Secretary of State for the Home Department [2022] EWHC 1133 (Admin) (13 May 2022) (26 May 2022)
High Court dismisses judicial review claim brought by ‘entirely blameless’ 2-year-old left without British citizenship after Home Secretary incorrectly deprived her father of citizenship in judgment on E3, N3 and ZA v the Secretary of State for th Read more...
Z (A Child) (Surrogacy) [2022] EWFC 18 (10 March 2022) - Judge hands biological parents a legal lifeline in complex surrogacy case (27 April 2022)
Mother and father’s relationship with son legalised in judgment handed down in Z (A) (Surrogacy) EWFC 18 at the Royal Courts of Justice Family Court. A judge has granted a parental order in a complex surrogacy case recognising the child’s b Read more...
Judge allows trial contact between couple in complex healthcare case - MB v PB [2022] EWCOP 14 (15 March 2022) (11 April 2022)
Husband allowed to meet hospitalised wife after judgment handed down in MA and P and Local Authority and Health Board. This case is a section 16 Mental Capacity Act matter, and concerns a woman, P, who needs long term healthcare and our cli Read more...
QH (Afghanistan) v Secretary of State for the Home Department [2022] EWCA Civ 421 (01 April 2022) (1 April 2022)
In a judgment handed down on QH (Afghanistan) v SSHD C2.2021.0202, the Court of Appeal holds that our client is entitled to damages for a breach of his Article 8 private life rights and for a breach of Article 27 of the Dublin III Regulation, foll Read more...
The Court of Appeal dismisses the Secretary of State’s appeal in test case brought by a victim of modern slavery (18 March 2022)
The Court of Appeal dismissed the Secretary of State’s appeal in test case brought by a confirmed victim of modern slavery challenging the refusal to grant her leave whilst she pursues an asylum claim – and upheld her appeal in another test case j Read more...
L (A Child : Fact Finding) EWFC B13 (9 February 2022) - Judge holds that an abused girl should remain in care and not be returned to the mother who failed to protect her (9 March 2022)
A judge has held that a girl who suffered abuse and was failed by her mother should not be returned home but instead remain in a foster placement with a care plan in place. Lisa (not her real name), alleged that she was raped by her step-fa Read more...
Court of Appeal judgment provides greater protection from prosecution for trafficking victims (16 February 2022)
Greater clarity on the protections to be afforded trafficking victims charged with criminal offences has been provided by a ruling handed down on AAD & Ors, R. v [2022] EWCA Crim 106 (03 February 2022). In this case, the Court of Appeal (Cr Read more...
DA v Central and North West London NHS Foundation Trust: [2021] UKUT 101 (AAC) - First-tier Tribunal Hospital Order and Restrictions Ruling was made in Error of Law (2 February 2022)
An appeal must be reheard after a judge holds there was an error on ‘a point of law’, in a judgment handed down on DA v Central and North West London NHS Foundation Trust [2021] UKUT 101 (AAC), April 23, 2021. Our client had an established Read more...
AA (Sudan) v Secretary of State for the Home Department [2021] EWHC 1869 (Admin) (06 July 2021) (2 February 2022)
A judge made it clear the Home Office should do everything possible to return a Sudanese national unlawfully returned to France to the UK, because he was not fairly screened, in an interim relief ruling on AA (Sudan) v Secretary of State for the H Read more...
Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021) - First-tier Tribunal failed to consider expert evidence before dismissing appeal (2 February 2022)
Judge says FtT must reconsider its dismissal of an appeal following failures and misunderstandings in a ruling handed down on the Secretary of State for the Home Department and Starkey (March 11, 2021). Duncan Lewis Solicitors represented Read more...
Y (disclosure to MPS) [2021] EWFC B33 (11 February 2021) - Judge denies MPS disclosure application in family court case (2 February 2022)
Parties should work together to resolve a complex prosecution decision, judge says in a judgment handed down on a Local Authority and A, B, A & B’s mother, A & B’s father and Y (disclosure to MPS, 2021). Our client was a 15 year-old mother Read more...
PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC) (21 September 2021) (31 January 2022)
Decision on cessation and Article 3 claims in Zimbabwe could assist future appeals after important judgment handed down in PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC) (21 September 2021). Facts PS is a citizen of Zi Read more...
A Victory for the Public Sector Equality Duty - Court of Appeal Overturns Possession Order for Failure to Comply with PSED (10 January 2022)
In Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890, we acted for the Appellant (TM) in this case where the Court of Appeal considered the impact of the Public Sector Equality Duty (“PSED”) on a claim for possession of rented reside Read more...