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20 May 2020 / Tori Adams , Killian Moran
Issue: 7887 / Categories: Features , Human rights
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Centre of detention

21123
Tori Adams & Killian Moran discuss claims of unlawful detention and the impact of COVID-19 lockdown measures
  • Unlawful detention claims: nothing new.
  • Unlawful detention generally: principles of lawfulness.
  • Unlawful detention and COVID-19: the current climate.
  • Important principles of the tort of false imprisonment: human rights legislation.

Unlawful detention claims are nothing new within the jurisdiction of England and Wales, especially in an immigration context, and the law in relation to such claims is well-established and clear. It has long been commonplace that these cases settle before going to court, with the Home Office spending thousands to rectify administrative and legal errors which have led to the continued unlawful detention of immigrants. However, with recent restrictions brought about by COVID-19 we believe that the Home Office, and the courts, should consider what more can be done to reduce the number of people detained under immigration powers. Failing to do so could result in significant periods for which detention is unlawful.

Unlawful detention generally

Immigration practitioners and civil litigators working

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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