Search for: "State v. Law"
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5 Nov 2008, 10:42 am
Helow v Secretary of State for the Home Department and Another House of Lords “A judge's membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist. [read post]
6 Aug 2008, 8:12 am
McKinnon v Government of the United States of America House of Lords “A plea bargain offered by a foreign prosecutor to an accused person whose extradition was sought, particularly if offered during a regulated process of plea-bargaining, did not constitute an abuse of process unless it was so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
14 Oct 2008, 8:34 am
Regina (C) v Secretary of State for Justice Court of Appeal “Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights. [read post]
24 Oct 2008, 8:31 am
EM (Lebanon) v Secretary of State for the Home Department House of Lords “The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom's obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country. [read post]
22 May 2007, 2:37 am
Room for caseworker’s discretion Ishtiaq v Secretary of State for the Home Department Court of Appeal “A caseworker in the Home Office had a discretion to decide what evidence an applicant had to produce when she sought indefinite leave to remain in the United Kingdom on the ground that her matrimonial relationship had permanently broken down. [read post]
14 Jan 2009, 1:34 am
Regina (Shields) v Secretary of State for Justice Queen’s Bench Divisional Court “The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. [read post]
9 Feb 2009, 1:58 am
ZT (Kosovo) v Secretary of State for the Home Department House of Lords “When a claim for asylum had been rejected as clearly unfounded under section 94(2) of the Nationality, Immigration and Asylum Act 2002, and the claimant made further submissions, the Secretary of State for the Home Department had to consider whether those further submissions created [...] [read post]
23 Jul 2009, 2:16 am
Regina (P) v Secretary of State for Justice Court of Appeal “A real and immediate risk to life was required to justify a self-harming young man's request that the State investigate treatment he received while detained in a young offenders institution. [read post]
26 Feb 2008, 1:14 am
Regina (SK) (Zimbabwe) v Secretary of State for the Home Department Queen’s Bench Division “A failed asylum-seeker awaiting deportation whose detention had not been properly reviewed had been deprived of safeguards prescribed by law and was entitled to damages for false imprisonment. [read post]
22 Oct 2019, 8:40 am
C|M|LAW’s own Professor Chris Sagers’ new book United States v. [read post]
13 Jun 2016, 3:08 am
People interested in immigration law and enforcement in the United States are eagerly awaiting the Supreme Court's decision in United States v. [read post]
22 Jan 2018, 9:05 pm
North Dakota, “that a State may not require out-of-state sellers of goods or services to collect that State’s sales/use tax, unless the out-of-state seller has some ‘physical presence’ in the State – a retail outlet, warehouse, office, or the like” This term’s case of South Dakota v. [read post]
23 Mar 2009, 3:19 am
Regina (BA)(Nigeria) v Secretary of State for the Home Department Court of Appeal “The right of appeal against the refusal by the Home Office to revoke a deportation order was exercisable from within the United Kingdom. [read post]
13 Mar 2017, 10:44 am
T.L.O. 1 The focus of this post, State of New Jersey v. [read post]
28 May 2008, 1:15 am
Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust Queen’s Bench Divisional Court “Preventing detained mental patients from smoking was not a breach of article 8, right to respect for private and family life, or article 14, prohibiting discrimination, of the European Convention on Human Rights. [read post]
2 Apr 2009, 2:14 am
Regina (A) v Secretary of State for Health Court of Appeal “A failed asylum seeker was not ordinarily resident in the United Kingdom so as to be entitled to free treatment by the National Health Service. [read post]
12 May 2010, 2:00 am
Muuse v Secretary of State for the Home Department Court of Appeal “In awarding exemplary damages in respect of oppressive, arbitrary or unconstitutional conduct by government officials, there was no need to consider further whether such outrageous conduct disclosed malice. [read post]
7 May 2009, 1:51 am
Regina (Nasseri) v Secretary of State for the Home Department House of Lords “As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision [...] [read post]
9 Apr 2009, 2:32 am
TK (Burundi) v Secretary of State for the Home Department Court of Appeal “An immigration judge was entitled to reject an applicant's assertion unsupported by readily available independent evidence. [read post]
3 Nov 2009, 2:28 am
Regina (Chester) v Secretary of State for Justice and Another Queen’s Bench Division “An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court in respect of the same or similar legislation and where the government was in [...] [read post]
