header-logo header-logo

26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
printer mail-detail

Immigration

R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin), [2015] All ER (D) 133 (Jun)

The claimant charity issued judicial review proceedings, contending that the fast track rules (FTRs) contained in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), were ultra vires. The Administrative Court, in allowing the application, held that the FTRs were ultra vires. What made the FTRs structurally unfair was the serious procedural disadvantage which came from the abbreviated timetable and curtailed case management powers, together with the imposition of that disadvantage on the appellant by the respondent to the appeal.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll