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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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