header-logo header-logo

Detention fast-track is unlawful

19 June 2015
Issue: 7657 / Categories: Legal News
printer mail-detail

The fast-track appeals process for asylum-seekers in detention is unlawful, the High Court has held.

Ruling in Detention Action v Secretary of State for the Home Office [2015] EWHC 1689 (Admin), Mr Justice Nicol concluded that this “looks uncomfortably akin to…sacrificing fairness on the altar of speed and convenience”.

He quashed the procedural rules governing the detained fast track asylum process. However, he also granted the Lord Chancellor’s request to stay the ruling until his appeal is heard in the Court of Appeal on the basis that it would be “inconvenient” for the order to take effect immediately.

He held that the fast track rules “do incorporate structural unfairness” and that “by allowing one party to the appeal to put the other at serious procedural disadvantage without sufficient judicial supervision, the rules are not securing that justice be done or that the tribunal system is fair.

Issue: 7657 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll