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8 Feb 2010, 3:11 am by traceydennis
R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24  ”When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. [read post]
19 Feb 2008, 2:03 am
R (Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72; [2008] WLR (D) 49 “The court was entitled to decide the meaning of a ministerial policy introducing an ex gratia compensation scheme. [read post]
4 Dec 2009, 2:45 am by traceydennis
R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350 “A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. [read post]
20 Jul 2015, 1:00 am by Guy Stuckey-Clarke, Olswang LLP
In November 2000, the High Court (Laws LJ and Gibbs J) gave judgment in favour of Mr Bancoult, a Chagos Islander, in granting a High Court order quashing the Immigration Ordinance 1971, s 4; see R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2001] QB 1067 (“Bancoult (1)”). [read post]
16 May 2008, 1:59 am
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150 “The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person's removal… [read post]
17 Jun 2009, 2:21 am
R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185 “Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and [...] [read post]
23 Jan 2009, 3:09 am
R (Low) v Secretary of State for the Home Department [2009] EWHC 35 (Admin); [2009] WLR (D) 15 “A worker, who was a national of a non member state, sent by a service provider exercising its freedom to provide services pursuant to art 49 EC, from one member state to another had to be lawfully resident [...] [read post]
26 Jan 2009, 2:38 am
R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17 “Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights. [read post]
6 Nov 2009, 2:14 am
R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316  ”Where a United Kingdom court had made a declaration of incompatability pursuant to s 3(1) of the Human Rights Act 1998 in respect of legislation and where the Government was in the process of putting forward legislation to Parliament and no further [...] [read post]
15 Jul 2009, 2:45 am
R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 1687 (Admin); [2009] WLR (D) 238 “The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. [read post]
27 Jan 2009, 2:13 am
R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19 “S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not [...] [read post]
22 Jun 2009, 1:29 am
R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447; [2009] WLR (D) 198 “The phrase ‘further submissions’, in the context of the Secretary of State's obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, [...] [read post]
6 Sep 2012, 8:41 am by scanner1
The Montana Supreme Court has issued an Opinion in the following matter: DA 11-0582, 2012 MT 199, STATE OF MONTANA, Plaintiff and Appellee, v. [read post]
4 Aug 2016, 3:12 am by Matrix Legal Support Service
The Supreme Court heard the appeal in R (Agyarko) v Secretary of State for the Home Department on 6-7 April 2016. [read post]
18 Apr 2008, 1:39 am
R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114 “S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
10 Apr 2014, 1:15 am by Anita Davies
The post Case Preview: R (Whiston) v Secretary of State for the Home Department appeared first on UKSCBlog. [read post]