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Cases: Public Law

R (NC) v Secretary of State for the Home Department [2023] EWCA Civ 1379

Sian Reeves represented the Secretary of State for the Home Department in an immigration statutory appeal before the Court of Appeal (Newey LJ, Snowden LJ and Whipple LJ). The appeal concerned a narrow issue about the application of the “very significant…

23/11/2023

R (on the application of Kane) v The Secretary of State for Justice

The Court of Appeal (Bean, Thirlwall and Peter Jackson LJJ) held that rule 53A of the Prison Rules did not impose a requirement for a Governor to give reasons in every case in which they determine that the “so serious”…

26/07/2023

R (MXK, AXB & others) v Secretary of State for the Home Department

The High Court has handed down judgment allowing a claim for judicial review challenging the Home Office’s policy to stop and detain all passengers owing debts to the NHS when seeking entry at the border. The policy – which was…

18/05/2023

The King on the application of Vernon Vanriel v (1) The Adjudicator’s Office, (2) The Secretary of State for the Home Department

Kathryn Howarth led by Edward Brown KC successfully represented the Secretary of State for the Home Department (“SSHD”) in this case, which concerned a judicial review of an award of compensation under the Windrush Compensation Scheme. The Clamant, Mr Vanriel…

28/04/2023

R (on the application of Pearce and another) (Respondents) v Parole Board for England and Wales (Appellant)

The Supreme Court held that whilst it is preferable that findings of fact are made by the Parole Board, where it is not able to do so, either because there is insufficient material before it, or such a finding may…

05/04/2023

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

MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216

Kathryn Howarth appeared in the Court of Appeal (King LJ, Singh LJ and Warby LJ) and represented the Secretary of State for the Home Department (“SSHD”) in an appeal against a decision made by the Upper Tribunal, which turned on…

28/02/2023

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

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