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30 January 2015
Issue: 7638 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Mohammed) v Secretary of State for the Home Department [2014] EWHC 4317 (Admin), [2015] All ER (D) 03 (Jan)

The claimant Afghani national issued judicial review proceedings, seeking a declaration that his immigration detention had been unlawful and damages for false imprisonment. The Administrative Court held that, on the proper construction of para 16(2) of Sch 2 to the Immigration Act 1971, an erroneous view of the law, as opposed to an erroneous view of the facts, could not amount to “reasonable grounds for suspecting” that a person was liable to removal. Accordingly, the claimant’s detention had been unlawful. However, it had not been unlawful on the principles in R v Governor of Durham Prison, ex p Singh [1984] 1 All ER 983.

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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