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Public Law Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Public Law

Court slams Home Office attempt to stifle justice (11 November 2010)

Ms Pengayo was studying with Leave in the United Kingdom. She enrolled upon a course at an approved college in accordance with Home Office Guidelines. Later however the college was removed from the register because it had been found to be issuing some bogus qualifications.   Read more...

Duncan Lewis:Public Law

Interim Relief – order for release; bail by a different name? (5 November 2010)

Interim relief allows an applicant to seek a preliminary order in ongoing litigation. It is very often used to preserve the status quo. In an application for Judicial Review challenging unlawful detention of an immigration detainee it would be used to seek the Claimant’s release.  Read more...

Duncan Lewis:Public Law

The impact of Section 96 in Judicial Review proceedings, or a catalogue of errors (5 November 2010)

A client of mine was removed in pursuance of a deportation order earlier this year, this could have been avoided. Her appeal against deportation was dismissed on the 4th November 2009, despite the fact that she was legally represented at this time, her previous solicitors failed to obtain key evidence of her subsisting relationship with her husband, a British national.  Read more...

Duncan Lewis:Public Law

Permission to Work – An update from the front (5 November 2010)

One important detail has already emerged. The Secretary of State is attempting to leave open the question of whether or not the failure to issue PTW was lawful, and attempting to argue that she was entitled to await the outcome of the ZO litigation before deciding to issue PTW. Needless to say, we do accept that view.

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Duncan Lewis:Public Law

Serve the Child (8 September 2010)

Duncan Lewis have been granted permission for judicial review in an important case that deals with the duty the Secretary of State has to safeguard the interests of minors in her custody.
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Duncan Lewis:Public Law

Supreme Court for the ‘Superior Court’? (8 September 2010)

Governments generally appear unable to resist tampering with the justice system. The introduction of a unified tribunal system through the Tribunals, Courts and Enforcement Act 2007 (TCEA) which, broadly speaking gathered together a large number of tribunals and appeal processes under one roof, and then formulated common rules to govern them, has at least the surface virtue of simplifying and codifying the law.  Read more...

Duncan Lewis:Public Law

Permission to work – the battle continues (8 September 2010)

We at Duncan Lewis, considered our work done: that our clients with outstanding requests for permission to work and those with pending Judicial Review claims stayed behind ZO, would be granted permission to work and costs in these claims would be awarded in our favour given that the Claimants’ substantive case has proved good. Frustratingly, this was not the case.   Read more...

Duncan Lewis:Public Law

Sex, Drugs & Refused Parole: The Impact of Gill (12 July 2010)

Offending Behaviour Programmes of various shapes and sizes are available to prisoners wishing to reduce their risk of reoffending and address their offending behaviour, but only under certain provisos – that usually deny places to those with mental disabilities.  Read more...

Duncan Lewis:Public Law

Remedies for detention in the fast-track process (12 July 2010)

Given that the right to liberty is accepted by all concerned as being at the very heart of the protection that the courts provide from the arbitrary power of the state, it is perhaps surprising that there is a dearth of authorities on the ambit of Saadi.  Read more...

Duncan Lewis:Public Law

Pre-permission cost disputes in Judicial Review on the rise (12 July 2010)

Costs issues regularly arise in the context of judicial review proceedings. Often, as the claimant is financed by the Legal Services Commission, the issue is not considered pivotal. However, given the significant financial costs in bringing the proceedings, this is problematic.   Read more...

Duncan Lewis:Public Law

Too Many Cooks: The Dangers of Unsanctioned Third Party Action (17 May 2010)

Supervisors continually stess the importance of "maintaining control over one^s clients". Initially, it may seem unclear as to what was meant by this; however the point is illustrated in this article during the course of one Judicial Review case.  Read more...

Duncan Lewis:Public Law

UK Border Agency’s Legacy Exercise in disarray (19 March 2010)

Delays on the part of UK Border Agency under the Legacy Exercise and to resolve priority applications lead not only to frustration and anxiety on part of the applicants but may also lead to loss of unique talent, as a promising football player’s career is jeopardised by the unreasonable hold up in determining his application.  Read more...


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