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30 November 2012
Issue: 7540 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of BB) v Special Immigration Appeals Commission and another [2012] EWCA Civ 1499, [2012] All ER (D) 210 (Nov)

Neither the detention of an individual pending his deportation, nor the grant of conditional bail pending deportation, involved a determination of civil rights within the meaning of Art 6 of the European Convention on Human Rights. The expulsion of an alien and his detention pending expulsion did not determine his civil rights. At most, they incidentally had an effect on those rights. The distinction was critical in the context of a state’s control over aliens who were within its territory. The fact that the exercise of the power to deport would have an effect on an individual’s right to respect for private and family life or other rights did not mean that the exercise of the power involved a determination of the individual’s civil rights. So too, the fact that the detention of an individual pending deportation would affect him in that way did not mean that the detention involved a determination of civil rights.

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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