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Cases: Public Law

R (Bailey & Morris) v Secretary of State for Justice

High profile judicial review claim concerning the Secretary of State for Justice’s decision to amend the Parole Board Rules and to issue guidance about the effect of the amendment.   The rule change, which was made without consultation, purported to…

15/03/2023

R (CX1-CX8) v Secretary of State for Defence and Secretary of State for the Home Department

The High Court today handed down judgment in high-profile judicial review claims brought by eight former BBC journalists against the refusal to relocate them and their families to the UK under the Afghan Relocations and Assistance Policy (“ARAP”).  The High…

13/02/2023

R (on the application of AAA & Others) v The Secretary of State for the Home Department (UNHCR intervening)

On 19 December 2022, the Divisional Court handed down an important judgment in claims for judicial review challenging the government’s proposal to relocate asylum seekers to Rwanda to have their asylum claims determined there. Sian Reeves, instructed by the Government Legal…

21/12/2022

QX v Home Secretary

Court of Appeal decision on temporary exclusion orders. Robin Tam KC instructed by GLD. The Court of Appeal decided that Article 6 ECHR applies to a review of the imposition of a TEO if that has been followed by the…

30/11/2022

R (KA & 6 others) v Secretary of State for the Home Department, Secretary of State for Foreign, Commonwealth and Development Affairs, and Secretary of State for Defence

High-profile judicial review claim relating to the evacuation of Afghanistan in summer 2021 and policies relating to those in or wishing to enter the UK. The claim raised a number of important issues, concerning the lawfulness of the process of…

06/10/2022

HM Attorney General v Dowie (comital for contempt of court); HM Attorney General v Dowie (sentence)

Kathryn Howarth represented the Attorney General in proceedings for contempt of court, heard by Mr Justice MacDonald, who found the defendant in contempt of court for posting recordings of proceedings from family court proceedings, which involved children and were heard…

23/06/2022

R (Secretary of State for Justice) v Parole Board

Leading case on the statutory “public protection” test, to be applied by the Parole Board when considering whether to direct the release of a prisoner. Nicholas Chapman acted for the Parole Board. The Divisional Court confirmed that the statutory test…

31/05/2022

R v Secretary of State for the Home Department R (O) v Secretary of State for the Home Department

A high-profile Supreme Court appeal concerning the fees charged to children applying to register as British citizens. The leading case on the rules of statutory interpretation and related constitutional law principles.  Nicholas Chapman, led by Sir James Eadie QC, represented…

02/02/2022

Secretary of State for the Home Department v Krupaliben Patel

Nicholas Chapman acted for the Secretary of State in an important case concerning the principles of finality, res judicata and issue estoppel in the Tribunal jurisdiction, and the circumstances in which the Tribunal can permissibly depart from previous findings in…

25/01/2022

R (C1) v Home Secretary

Robin Tam KC represented The Secretary of State who cancelled C1’s indefinite leave to remain after he had departed the United Kingdom, using the power in Article 13(7) of the Immigration (Leave to Enter and Remain) Order 2000, which provides…

20/01/2022

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