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Reported Case Articles

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

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...

Duncan Lewis:Reported Case

High Court quashes Home Office’s decision unlawfully rejecting a trafficking survivor’s claim (11 November 2021)

Judgment has been handed down today in R (on the application of TVN) v Secretary of State for the Home Department [2021] EWHC 3019 (Admin), a trafficking case whereby the judge has quashed the Home Office’s decision and failure to recognise  Read more...

Duncan Lewis:Reported Case

WA v AA [2021] EWHC 2659 (Fam) (21 September 2021) - Judge orders children to be returned to the father in Hague Convention abduction case (22 September 2021)

The judge ruled that fears raised by the mother did not reach the high bar set in relation to the Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction in a ruling on WA v AA [2021] EWHC 2659 (Fam) handed down on  Read more...

Duncan Lewis:Reported Case

SIAC quashes decision to refuse British citizenship based on secret evidence (10 September 2021)

Duncan Lewis Solicitors has successfully represented an Appellant before the Special Immigration Appeals Commission (SIAC) in a challenge to a decision by the Home Office to refuse his application for British citizenship. The Appellant, an  Read more...

Duncan Lewis:Reported Case

In the matter of T (A Child) (Appellant) [2021] UKSC 35 On appeal from: [2018] EWCA Civ 2136 (6 September 2021)

This appeal concerns the use of the inherent jurisdiction of the High Court to authorise a local authority to deprive a child of his or her liberty. The background to the litigation is the shortage of provision for children who require spe  Read more...

Duncan Lewis:Reported Case

High Court finds the SSHD failed to put in place systems to protect those with HIV detained by her, in breach of her obligations under Article 3 of the ECHR (30 July 2021)

This is the first time that a domestic Court found the State to be in breach of its duty to have systems in place to avoid a breach of “inhuman and degrading treatment” (Article 3 ECHR), known as “the systems duty”. The Court has declared   Read more...

Duncan Lewis:Reported Case

Re H (A CHILD) (20 April 2021)

We represent the Respondent Mother (hereinafter, M), in an application for a Child Arrangements Order applied by the Applicant Father (hereinafter, F). F issued an application in 2017, and in November 2017, introductory contact took place at M’s   Read more...

Duncan Lewis:Reported Case

London NHS Trust v CD & Ors (Withdrawal of Life Sustaining Treatment) [2021] EWCOP 727 (24 March 2021) (31 March 2021)

This matter concerned our client’s daughter anonymised as ‘CD’ for these proceedings and whether her life sustaining treatment (LST) continues. CD was incapacitous and remained in a vegetative state due to an anoxic brain injury. As a result, the tre  Read more...

Duncan Lewis:Reported Case

LYB, R (On the Application Of) v Kent County Council [2021] EWHC 663 (Admin) (22 March 2021) (31 March 2021)

Duncan Lewis Solicitors represents the Claimant, LYB, in judicial review proceedings. The present decision concerns an application for permission to judicially review his age assessment decision and interim relief. LYB is a national of Sudan. He w  Read more...

Duncan Lewis:Reported Case

Ibrahim v London Borough of Haringey (1) and Capital Homes Services Ltd (2) [2021] EWHC 731 (QB) (31 March 2021)

The High Court has allowed an appeal in favour of a former rough sleeper in a case concerning the security of tenure of those accommodated under the government initiative to accommodate rough sleepers during the covid-19 pandemic. Mr Ibrahim, who  Read more...

Duncan Lewis:Reported Case

Habeb, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 177 (Admin) (22 January 2021) (15 February 2021)

A man who was unlawfully detained with no realistic prospect of being deported must be freed, a judge has held in a ruling handed down in Saad Habeb and the Secretary of State for the Home Department. Our client is an Egyptian national, wh  Read more...

Duncan Lewis:Reported Case

R (on the application of RS) v SSHD [2021] EWHC 54 (14 January 2021) (4 February 2021)

Duncan Lewis Solicitors represents the Claimant, RS, in judicial review proceedings. The present decision concerns an application for interim relief for release from immigration detention on bail. RS is a national of Jamaica. He was detain  Read more...

Duncan Lewis:Reported Case

A Local Authority v R & Ors (Rev 1) [2020] EWFC B56 (13 May 2020) (19 January 2021)

We were instructed to represent the Mother who was 43 years old and had recently arrived from Italy on an application submitted by the Local Authority (LA) for an ICO in respect of a child aged 14 and diagnosed with Battens Disease and Epilepsy wi  Read more...

Duncan Lewis:Reported Case

F v M [2021] EWFC 4 (15 January 2021) (18 January 2021)

We represent the Respondent Mother (hereafter, M), in complex Children Act Proceedings. The Applicant Father (hereafter, F) issued an application in October 2017. In August 2020, the matter was reviewed and considered by the Court of Appeal and succe  Read more...

Duncan Lewis:Reported Case

Court of Appeal underlines that successful litigants should receive their costs, in test case about hidden disabilities (12 January 2021)

RS, R (On the Application Of) v London Borough of Brent [2020] EWCA Civ 1711 (18 December 2020) RS suffers from debilitating but non-physical conditions which make walking, especially in busy places, very difficult. He applied to the London  Read more...

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