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Reported Case Articles

Duncan Lewis:Reported Case

Claim Struck Out: Witness in Contempt of Court in Hughes Jarvis Limited v Searle [2018] EW Misc B6 (CC) (27 April 2018) (18 July 2018)

A Judge sitting at Oxford County Court struck out a claim after the litigant contravened orders not to contact his lawyers mid-evidence. The witness emailed his solicitors, counsel and spoke to a third party whilst in the court giving evidence. Read more...

Duncan Lewis:Reported Case

Unlawful Detention in SNA v Secretary of State for the Home Department [2018] EWHC 1504 (Admin) (19 June 2018) (12 July 2018)

In this case our client, the Claimant SNA, an Egyptian national, submits that he was subject to unlawful detention by the Secretary of State for the Home Department (SSHD) between 14 September 2016 and 28 September 2016. SNA argues t  Read more...

Duncan Lewis:Reported Case

Complex Bail Accommodation in Baraka, R (on the application of) v SSHD [2018] EWHC 1549 (Admin) (20 June 2018) (2 July 2018)

In this case the Claimant challenged the Secretary of State for the Home Department’s (SSHD) failure to find suitable accommodation subject to Section 4 of the Immigration Act, to enable his release on bail. This has resulted in the Claimant remai  Read more...

Duncan Lewis:Reported Case

Asylum-seeking children should be seen and not heard: the pitfalls of AL (Albania) v SSHD [2018] EWCA Civ 1183 (22 June 2018)

This recent Court of Appeal judgment involved an asylum seeking child from Albania, who by the time his appeal was heard before the Court of Appeal, was a young adult. History AL sought asylum in the UK for precisely the sa  Read more...

Duncan Lewis:Reported Case

ROO (Nigeria), R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 1295 (Admin) (7 June 2018)

The High Court ruled in favour of the Claimant by concluding that the Secretary of State for the Home Department (SSHD) had failed to exercise ‘anxious scrutiny’ before certifying her asylum claim under s.96 (2) Nationality, Immigration and Asylum Ac  Read more...

Duncan Lewis:Reported Case

ZN (Afghanistan) & Anor v Secretary of State for the Home Department, Court of Appeal [2018] EWCA Civ 1059 (1 June 2018)

In this case the Court of Appeal considered the cost applications of the two Appellants in these proceedings, ZN & KA, following the withdrawal of their appeals by consent. The issue before the Court was in what circumstances the Court shou  Read more...

Duncan Lewis:Reported Case

The deprivation of liberty of a transgender child: A Local Authority v T (No.2) [2018] EWHC 816 (Fam) (2 May 2018)

The case concerns T, a transgender child and the deprivation of liberty and rights under Article 5 of the European Convention on Human Rights. If the state imposes restrictions upon the child’s freedom and movement without the Child’s consent, the  Read more...

Duncan Lewis:Reported Case

Mazana, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 650 (Admin) (20 April 2018) (1 May 2018)

Esther Akinyinka, Solicitor of the Immigration and Public Law departments of Duncan Lewis Solicitors, represented a national of South Africa to challenge the Secretary of State for the Home Department (SSHD) Policy on Approved Premises and Unlawfu  Read more...

Duncan Lewis:Reported Case

A Local Authority v X & Ors [2018] EWHC 874 (Fam) (19 April 2018) (30 April 2018)

This case concerns four children: D, S, E, and SL, between 7 and 17 years of age. All the children are nationals of X and came to the UK on 11 June 2013 with their mother ‘M’. M is also a national of X and works as a secretary for the X High Comm  Read more...

Duncan Lewis:Reported Case

R (on the application of Ibidokun) v Secretary of State for the Home Department [2017] EWHC 3178 (13 March 2018)

This case concerns the unlawful detention of the Claimant who came to the UK from Nigeria. The Claimant made an asylum claim from within detention shortly after being detained on 6 August 2016. Despite being told that his claim would be dealt   Read more...

Duncan Lewis:Reported Case

Hussein v Secretary of State for the Home Department & Anor [2018] EWHC 213 (Admin) (01 February 2018) (14 February 2018)

Duncan Lewis Solicitors’ Public Law team brought a challenge against the Home Office on behalf of two detainees, which on 1 February 2018 the High Court ruled in favour of, forcing the Home Office to take responsibility for the unlawful conditions  Read more...

Duncan Lewis:Reported Case

Waheed v Secretary of State for the Home Department [2017] EWHC 3080 (Admin) (30 November 2017) (6 February 2018)

In this case the Claimant challenged the lawfulness of the Secretary of State for the Home Department’s (SSHD) refusal of consent to his release on bail pursuant to paragraph 22(4) Schedule 2 of the Immigration Act 1971 (As amended by Immigration   Read more...

Duncan Lewis:Reported Case

Hysaj & Ors, R (on the application of) v Secretary of State for the Home Department [2017] UKSC 82 (26 January 2018)

Duncan Lewis’ success in the Supreme Court case of Hysaj & Ors, R has significantly changed the case law on ‘deprivation’ and ‘nullity’ of British Citizenship under the British Nationality Act 1981. Duncan Lewis acted for the Appella  Read more...

Duncan Lewis:Reported Case

X (A Child) (Female Genital Mutilation Protection Order : Restrictions on Travel) [2017] EWHC 2898 (Fam) (18 December 2017)

This case concerns ‘X’, a young girl, born in 2016 to ‘M’, her white English mother and ‘F’, her Egyptian father, who currently resides in Egypt. After a Health Visitor (KA) reported M’s concerns about X being at risk of Female Genital Mutilation   Read more...

Duncan Lewis:Reported Case

HK (Iraq) & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWCA Civ 1871 (30 November 2017)

This case concern Appellants from Afghanistan (SK and FK), Iraq (HK) and Iran (HH) who came to the UK via Bulgaria. They each applied for Judicial Review against the Secretary of State’s decision to remove them to Bulgaria, where it is intended th  Read more...

Duncan Lewis:Reported Case

The Secretary of State for the Home Department v JM (Zimbabwe) [2017] EWCA Civ 1669 (17 November 2017)

In this case, The Secretary of State as the appellant appealed against the judgment made in JM (Zimbabwe) v Secretary of State for the Home Department[2016] EWHC 1773 on the grounds that Mr Justice Jay had failed to determine what the “reas  Read more...

Duncan Lewis:Reported Case

Medical Justice & Ors v Secretary of State for the Home Department & Anor [2017] EWHC 2461 (11 October 2017)

In a judgment handed down on the 10th October 2017, the Home Office was told that its policy regarding how it defines those who have suffered torture is unlawful, for the purposes of identifying those who are vulnerable and at risk in detention. T  Read more...

Duncan Lewis:Reported Case

TB v The Secretary of State for the Home Department [2017] UKAITUR PA112572016 (26 September 2017)

This case involved an Afghan minor. He arrived in the UK in February 2016 and claimed asylum on the basis that he would be at risk on return from the Taliban due to his brother being a governor of a district in Takhar Province of Afghanistan. The   Read more...

Duncan Lewis:Reported Case

Muasa v Secretary of State for the Home Department [2017] EWHC 2267 (18 September 2017)

In this case the High Court handed down a ruling finding that the segregation of the claimant at Yarl’s Wood Immigration Removal Centre (IRC) was unlawful and in breach of Article 8 of the European Convention of Human Rights (ECHR). On 27  Read more...

Duncan Lewis:Reported Case

QUB v Secretary of State for the Home Department [2017] EWHC 1494 (18 August 2017)

In this case, the Claimant sought judicial review to challenge the lawfulness of his detention by the Defendant between 9 February 2016 and 29 March 2016. The Claimant is an Indian national, born in 1990, who entered the United Kingdom in January   Read more...

Duncan Lewis:Reported Case

Libya Country Guidance - ZMM (Article 15(c)) Libya CG [2017] UKUT 00263 (IAC) (19 July 2017)

In a decision handed down by the Upper Tribunal on 28th June 2017, a team comprising of lawyers based at Duncan Lewis offices in Luton and Birmingham have successfully challenged returns to Libya, based on the lack of state protection for civilian  Read more...

Duncan Lewis:Reported Case

Strasbourg dismisses claim for compensation following unlawful exclusion form the labour market (11 July 2017)

Daniel Negassi v the United Kingdom App. No. 64337/14 ECtHR was an appeal to the ECtHR with a complaint that the unlawful failure to grant permission to work, while waiting for a decision from the Home Office on his asylum claim, was a breach of h  Read more...

Duncan Lewis:Reported Case

SS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2017] EWHC 129 (12 June 2017)

In the case of SS, R John Howell QC considered whether Article 28 of the Dublin III Regulations is directly effective. In a detailed judgment, the Deputy High Court Judge Howell QC held that detention under Article 28 (1) and 28(2) was unla  Read more...

Duncan Lewis:Reported Case

ZH (A Child), Re [2017] EWFC 14 (20 February 2017) (8 June 2017)

Duncan Lewis represented mother in care proceedings concerning an 8-year-old girl (Z) who had been in the interim care of the LA. Mother suffered from paranoid schizophrenia. In 2015, mother’s GP referred the family to social services. Z to  Read more...

Duncan Lewis:Reported Case

“You’ve Got Mail”: Abuse of prisoners’ right to legally privileged communications: Bruton v Governor of HMP Swaleside & Anor [2017] EWHC 704 (Admin) (18 May 2017)

The Claimant is a serving prisoner at HMP Onley. He sought judicial review of the failure of the Defendants to comply with their duties to protect his right to privacy, confidentiality and legal privilege in correspondence and communications with   Read more...

Duncan Lewis:Reported Case

NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 (27 April 2017)

NE-A was appealing a decision to deport him, and had been successful initially, on the basis that his heavy reliance upon his twin brother as a result of his mental illness made it disproportionate to deport him. The Tribunal had noted that  Read more...

Duncan Lewis:Reported Case

The Mayor and Burgesses of the London Borough of Islington v Raymond Dyer [2017] EWCA Civ 150 (24 March 2017)

Duncan Lewis Solicitors represented the respondent, Mr. Raymond Dyer, in the Court of Appeal case of The Mayor and Burgesses of the London Borough of Islington v Raymond Dyer. The decision is an important one as it has a potentially wider applicati  Read more...

Duncan Lewis:Reported Case

R (A Child : Care Order) [2017] EWHC 364 (Fam) (24 February 2017)

This case concerns an application made by the London Borough of Islington, under s31 of the Children’s Act 1989, for a child – ‘R’ – who is now 2 ½ years old. History of the Case On the 9th October 2014, the mother (M), tested positive   Read more...

Duncan Lewis:Reported Case

Secretary of State for the Home Department v Jobe [2016] EWCA Civ 1035 (26 October 2016) (10 February 2017)

This is a detention/asylum case concerning a Gambian national. The Respondent was detained from 1 November 2011 to 31 October 2013 and the decision on this matter was that the detention was lawful.Read more...

Duncan Lewis:Reported Case

TN (Vietnam) & US (Pakistan), R (On the Applications Of) v Secretary of State for the Home Department & Anor (Rev 1) [2017] EWHC 59 (Admin) (9 February 2017)

Detention/asylum decision on the two challenges which represent a further round in the contests over lawfulness of aspects of the detained fast track system for the determination of asylum claims and appeals. Read more...

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