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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]
Up until this case, that position had support in domestic law (see AL (Serbia) v Secretary of State for the Home Department [2008] UKHL 42, [2008] 4 All ER 1127; R (Hooper) v Secretary of State for Work and Pensions [2005] UKHL 29, [2006] 1 All ER 487; and R (S) v Chief Constable of South Yorkshire [2004] UKHL 39, [2004] 4 All ER 193). [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]
22 Mar 2010, 3:37 am by sally
R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] WLR (D) 79 “An asylum seeker was excluded from protection under the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), pursuant to art 1F(a), if there were serious reasons for considering him voluntarily to have contributed in a significant way to an organisation’s ability to pursue the purpose of committing war crimes or crimes against humanity,… [read post]
27 Jan 2009, 2:17 am
R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20 “The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them [...] [read post]
15 Jul 2016, 6:08 am by Matrix Legal Support Service
The Supreme Court will hear the appeal in R (Johnson) v Secretary of State for the Home Department on 25 and 26 July 2016, where it will be asked to consider a challenge to a deportation order, on the grounds that the appellant ought to have been entitled to automatic British citizenship at birth, and as such should not be deported to Jamaica. [read post]
14 Mar 2008, 2:48 am
R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85 “The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court. [read post]
10 Dec 2010, 2:14 am by traceydennis
R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320 ” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside. [read post]
29 Aug 2008, 8:09 am
R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 295 “The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in… [read post]
10 Dec 2010, 2:20 am by traceydennis
R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322  ”The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. [read post]
4 Sep 2008, 8:29 am
R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300 “In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court's discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the… [read post]
26 Mar 2009, 3:28 am
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110 “Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential [...] [read post]
4 Dec 2008, 10:31 am
R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376 “The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge [...] [read post]