Law and the ‘illegals’: reforming UK immigration detention – Halsbury’s Law Exchange

Posted August 28th, 2015 in asylum, deportation, detention, immigration, news, time limits by sally

‘The UK has the largest immigration detention estate in Europe, with approximately 30,000 individuals being detained under immigration powers over the course of the last year. The vast majority of detainees are held in Immigration Removal Centres (IRCs), however detainees can be held in a number of different locations including prisons, and even less satisfactorily, police cells. The UK is the only EU country to also not impose an upper time limit on the use of immigration detention. This article considers a number of policy areas relating to immigration detention which have come under heavy scrutiny and may identify potential opportunities for reform.’

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Halsbury’s Law Exchange, 27th August 2015

Source: www.halsburyslawexchange.co.uk

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The Round-up: Controversy over the Courts Charge and Serdar Mohammed – UK Human Rights Blog

Posted August 14th, 2015 in armed forces, criminal justice, detention, news, penalties, time limits by tracey

‘The Howard League for Penal Reform has called for a review of the “unfair and unrealistic” Criminal Courts Charge, which “ penalises the poor and encourages the innocent to plead guilty”. The mandatory charge of up to £1,200 is imposed on those who admit committing minor misdemeanours, regardless of their circumstances.’

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UK Human Rights Blog, 10th August 2015

Sorce: www.ukhumanrightsblog.com

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Yarl’s Wood conditions deteriorated so much women are being treated like ‘animals’ – The Independent

‘Conditions at a privately run immigration removal centre have “deteriorated” over the past year to the extent that almost half of the women held there fear for their safety, according to a damning report published by the Chief Inspector of Prisons.’

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The Independent, 12th August 2015

Source: www.independent.co.uk

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UK prisons inspector seeks time limits on detention of migrants without trial – The Guardian

‘The chief prisons inspector has called for time limits on the detention of migrants without trial after fresh warnings of a significant deterioration in conditions at an immigration removal centre for women.’

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The Guardian, 12th August 2015

Source: www.guardian.co.uk

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Child Protection and Data Protection – Panopticon

‘The spectre of Jimmy Saville casts a long shadow and now it extends to data protection, the Data Protection Act 1998 being the latest august and uniformly popular institution (following the BBC, Broadmoor and Margaret Thatcher to name just some) to suffer as a result of his actions. The perennial sight of investigations and public inquiries into historic sex abuse of children in local authority, chiefly arising out of the wider ramifications of Operation Yewtree, has provided a very ready explanation for local authorities for the need to retain child protection data.’

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Panopticon, 23rd July 2015

Source: www.panopticonblog.com

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Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Posted July 28th, 2015 in appeals, law firms, limitations, negligence, news, solicitors, time limits by sally

‘On the silver anniversary of the Limitation Act 1980 (“the Act”) and as we approach the emerald anniversary of the coming into force of section 14A of that Act, the recent case of Chinnock v Veale Wasbrough [2015] EWCA Civ 2014 shows that the interpretation of this complicated section remains far from straightforward.’
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Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

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Requesting a court revisit its judgment – Law Society’s Gazette

Posted July 27th, 2015 in amendments, judgments, legal representation, news, time limits by sally

‘The recent case of Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) considered the extent to which a court may exercise its discretion and revisit its judgment in the light of a new point.’

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Law Society’s Gazette, 27th July 2015

Source: www.lawgazette.co.uk

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Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person – No. 5 Chambers

Posted July 27th, 2015 in appeals, family courts, litigants in person, news, time limits by sally

‘The recent case of Re H (Children) [2015] EWCA Civ 583 highlighted some of the difficulties that can be encountered by parties acting in person in family proceedings, and the stark consequences that can flow from a simple failure to follow procedural rules. The decision gives some guidance on the circumstances to be considered when deciding an application for relief from sanctions, namely an application for permission to appeal out of time.’

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No. 5 Chambers, 22nd June 2015

Source: www.no5.com

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High Court: If you need to revise your budget, act very quickly – Litigation Futures

Posted July 27th, 2015 in budgets, costs, news, time limits by sally

‘There is a “high premium on swift action” when revisiting costs budgets, a High Court judge has warned, questioning why a revised budget was not prepared quicker than four days after the issue that caused it arose.’

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Litigation Futures, 24th July 2015

Source: www.litigationfutures.com

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Assessment of interim rent – New Square Chambers

Posted July 25th, 2015 in landlord & tenant, leases, news, rent, time limits by sally

‘As everyone knows, the court, in the case of a business lease with security of tenure, and subject to certain grounds for refusal, can order the grant of a new business for a term of up to 15 years. The new lease normally now starts from the date of the court order. However there may be a gap between the expiry of the original lease and the start of, or as the case may be, the refusal of a new lease, a gap that may be significant in the case of a hotly contested case. During this interim period, the court can order that the tenant pay an interim rent to the landlord.’

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New Square Chambers, 29th July 2015

Source: www.newsquarechambers.co.uk

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Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

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Application for strike out inappropriate where single failure to comply and order contained no sanction for non-compliance – Zenith PI

Posted July 17th, 2015 in disclosure, news, striking out, time limits by tracey

‘ARDILA INVESTMENTS NV V ENRC NV (2015) QBD (Comm)(Leggatt J)

On 8th July 2015 Leggatt J ordered that it had not been appropriate to strike out a claim due to a claimant’s single failure to comply with a directions order for disclosure, where the order contained no sanction for non-compliance. The claimant’s failure had been serious, therefore an unless order was made giving further time for compliance, in default of which the claim would be struck out.’

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Zenith PI, 17th July 2015

Source: www.zenithpi.wordpress.com

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Max Clifford fails to block Paul Burrell privacy claim – BBC News

Posted July 15th, 2015 in damages, news, privacy, time limits by tracey

‘Former celebrity publicist Max Clifford has failed to block a damages claim brought against him by ex-royal butler Paul Burrell at London’s High Court.’

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BBC News, 14th July 2015

Source: www.bbc.co.uk

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Mathieson v Secretary of State for Work and Pensions – WLR Daily

Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296

‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Faith leaders demand that detention period for immigrants is limited to maximum of 28 days – The Independent

Posted July 6th, 2015 in detention, immigration, news, time limits by sally

‘Leading members of the Jewish, Muslim and Christian communities are joining forces to demand that the Government end its controversial policy of indefinite detention for immigrants, and limit detention to a maximum of 28 days. Britain is the only country in Europe not to have a time limit on how long immigrants can be held.’
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The Independent, 5th July 2015

Source: www.independent.co.uk

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Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

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Szegfu v Court of Pecs, Hungary – WLR Daily

Szegfu v Court of Pecs, Hungary [2015] EWHC 1764 (Admin); [2015] WLR (D) 273

‘Guidance on the application of section 26(5) of the Extradition Act 2003 relaxing the application of the strict time limit for bringing an extradition appeal in section 26(4).’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

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How late it was, how late – Nearly Legal

Posted June 30th, 2015 in deposits, housing, landlord & tenant, news, time limits by sally

‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’

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Nearly Legal, 29th June 2015

Source: www.nearlylegal.co.uk

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IMI plc and another v Delta Ltd (formerly Delta plc) and another – WLR Daily

Posted June 22nd, 2015 in civil justice, contribution, damages, law reports, limitations, time limits by tracey

IMI plc and another v Delta Ltd (formerly Delta plc) and another: [2015] EWHC 1676 (Ch); [2015] WLR (D) 262

‘On the true construction of the final proviso in section 1(4) of the Civil Liability (Contribution) Act 1978 Part 20 the defendants in contribution proceedings were precluded from relying on a limitation defence pleaded against the claimants in the main proceedings.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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It’s 30 years since the miners’ strike. But justice for Orgreave shouldn’t have a time limit – The Guardian

‘Police behaviour at Orgreave paved the way for Hillsborough five years later. The IPCC’s decision not to investigate teaches the state that it can mistreat citizens with impunity.’

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The Guardian, 12th June 2015

Source: www.guardian.co.uk

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