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Cases: Public Law

His Majesty’s Attorney General v Elavi Dowie [2022] EWCA Civ 1574

Kathryn Howarth successfully represented the Attorney General in proceedings before the Court of Appeal (Lord Justice Bean, Lord Justice Peter Jackson and Lady Justice Asplin). At first instance, Mr Justice MacDonald found Mr Dowie to be in contempt of court…

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

Kaitey v Secretary of State for the Home Department

Robin Tam KC and Emily Wilsdon appeared for the Home Secretary when successfully resisting an appeal, potentially affecting a large number of people, about whether the Secretary of State has the power to place a person on bail under para….

10/12/2021

R (Hotta & Ors) v Secretary of State for Health & Social Care

The High Court considered whether the Government’s policy of mandatory hotel quarantine for travelers returning to Britain from Red List countries amounted to an unlawful deprivation of liberty under Article 5 of the European Convention on Human Rights. Juliet represented…

09/12/2021

R (TN (Vietnam)) v Home Secretary

The Supreme Court upheld a Court of Appeal decision that an asylum appeal determination is not automatically a nullity even if the applicable fast-track procedure was systemically flawed. Robin Tam KC and Natasha Barnes (of 1COR) represented the Home Secretary…

24/09/2021

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