Some relief for legal aid lawyers as government concedes payment for backdated work

Legal aid lawyers have never had an easy ride, but over the last few years since the introduction of CCMS and LASPO the iniquities and frustrations of working in this sector have grown exponentially. CCMS and LASPO may still be with us, but following ...

11th February 2019 By

Strasbourg dismisses compensation claim for not allowing asylum seeker to work

Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home Office’s failure to grant Mr Negassi permission to work, while waiting for a decision on his asylum cla ...

23rd November 2017 By

Prosecutions for telling the truth: part deux, with added Hardial Singh

Last year the High Court in JM (Zimbabwe) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) made a declaration that “the Defendant may not lawfully require the Claimant, under section 35 of the [Asylum and Immigration (Treatment ...

7th November 2017 By

Prosecutions for telling the truth

In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] ...

26th July 2016 By

First successful entry clearance appeal on Article 10 free speech grounds

Jeremy Corbyn may be having a tough time since becoming leader of the Labour Party, but he can at least take some satisfaction in getting one over Theresa May in the Court of Appeal. The background facts are that a group of MPs and a peer had invited ...

1st December 2015 By

High Court finds Legal Aid Agency “asked itself wrong question” about means assessment

In a judgment that may be of interest to legal aid lawyers, the High Court has overturned a rejection by the Legal Aid Agency (LAA) of a legal aid claim by Duncan Lewis solicitors. The Legal Aid Agency should have considered whether the means assessme ...

8th September 2015 By

What is a “reasonable period” for immigration detention?

In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention ...

10th April 2015 By

Legal Aid and ‘exceptional’ case funding

In an important and wide-ranging judgment the Court of Appeal in R (on the application of Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 has upheld Collins J’s finding that the Exceptional Case Funding ( ...

22nd December 2014 By

New judgment on delays by Home Office in judicial review cases

The Upper Tribunal has in a new judgment [R (on the application of Kumar & Anor) v Secretary of State for the Home Department (acknowledgement of service; Tribunal arrangements) (IJR) [2014] UKUT 104 (IAC)] now set out how it will deal with the v ...

3rd March 2014 By

New guidance on handling Home Office delay in judicial review cases

Routine, repeated delay in providing Acknowledgements of Service by the Home Office in judicial review cases reached such a pitch in 2013 that the court held a hearing into the matter (as previously covered on this blog). The Home Office blamed a rise ...

28th January 2014 By