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26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
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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.

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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