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Reported Case News

Duncan Lewis:Reported Case

High Court quashes Home Office’s decision unlawfully rejecting a trafficking survivor’s claim (11 November 2021)

Judgment has been handed down today in R (on the application of TVN) v Secretary of State for the Home Department [2021] EWHC 3019 (Admin), a trafficking case whereby the judge has quashed the Home Office’s decision and failure to recognise  Read more...

Duncan Lewis:Reported Case

WA v AA [2021] EWHC 2659 (Fam) (21 September 2021) - Judge orders children to be returned to the father in Hague Convention abduction case (22 September 2021)

The judge ruled that fears raised by the mother did not reach the high bar set in relation to the Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction in a ruling on WA v AA [2021] EWHC 2659 (Fam) handed down on  Read more...

Duncan Lewis:Reported Case

SIAC quashes decision to refuse British citizenship based on secret evidence (10 September 2021)

Duncan Lewis Solicitors has successfully represented an Appellant before the Special Immigration Appeals Commission (SIAC) in a challenge to a decision by the Home Office to refuse his application for British citizenship. The Appellant, an  Read more...

Duncan Lewis:Reported Case

In the matter of T (A Child) (Appellant) [2021] UKSC 35 On appeal from: [2018] EWCA Civ 2136 (6 September 2021)

This appeal concerns the use of the inherent jurisdiction of the High Court to authorise a local authority to deprive a child of his or her liberty. The background to the litigation is the shortage of provision for children who require spe  Read more...

Duncan Lewis:Reported Case

High Court finds the SSHD failed to put in place systems to protect those with HIV detained by her, in breach of her obligations under Article 3 of the ECHR (30 July 2021)

This is the first time that a domestic Court found the State to be in breach of its duty to have systems in place to avoid a breach of “inhuman and degrading treatment” (Article 3 ECHR), known as “the systems duty”. The Court has declared   Read more...

Duncan Lewis:Reported Case

Re H (A CHILD) (20 April 2021)

We represent the Respondent Mother (hereinafter, M), in an application for a Child Arrangements Order applied by the Applicant Father (hereinafter, F). F issued an application in 2017, and in November 2017, introductory contact took place at M’s   Read more...

Duncan Lewis:Reported Case

London NHS Trust v CD & Ors (Withdrawal of Life Sustaining Treatment) [2021] EWCOP 727 (24 March 2021) (31 March 2021)

This matter concerned our client’s daughter anonymised as ‘CD’ for these proceedings and whether her life sustaining treatment (LST) continues. CD was incapacitous and remained in a vegetative state due to an anoxic brain injury. As a result, the tre  Read more...

Duncan Lewis:Reported Case

LYB, R (On the Application Of) v Kent County Council [2021] EWHC 663 (Admin) (22 March 2021) (31 March 2021)

Duncan Lewis Solicitors represents the Claimant, LYB, in judicial review proceedings. The present decision concerns an application for permission to judicially review his age assessment decision and interim relief. LYB is a national of Sudan. He w  Read more...

Duncan Lewis:Reported Case

Ibrahim v London Borough of Haringey (1) and Capital Homes Services Ltd (2) [2021] EWHC 731 (QB) (31 March 2021)

The High Court has allowed an appeal in favour of a former rough sleeper in a case concerning the security of tenure of those accommodated under the government initiative to accommodate rough sleepers during the covid-19 pandemic. Mr Ibrahim, who  Read more...

Duncan Lewis:Reported Case

Habeb, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 177 (Admin) (22 January 2021) (15 February 2021)

A man who was unlawfully detained with no realistic prospect of being deported must be freed, a judge has held in a ruling handed down in Saad Habeb and the Secretary of State for the Home Department. Our client is an Egyptian national, wh  Read more...

Duncan Lewis:Reported Case

R (on the application of RS) v SSHD [2021] EWHC 54 (14 January 2021) (4 February 2021)

Duncan Lewis Solicitors represents the Claimant, RS, in judicial review proceedings. The present decision concerns an application for interim relief for release from immigration detention on bail. RS is a national of Jamaica. He was detain  Read more...

Duncan Lewis:Reported Case

A Local Authority v R & Ors (Rev 1) [2020] EWFC B56 (13 May 2020) (19 January 2021)

We were instructed to represent the Mother who was 43 years old and had recently arrived from Italy on an application submitted by the Local Authority (LA) for an ICO in respect of a child aged 14 and diagnosed with Battens Disease and Epilepsy wi  Read more...

Duncan Lewis:Reported Case

F v M [2021] EWFC 4 (15 January 2021) (18 January 2021)

We represent the Respondent Mother (hereafter, M), in complex Children Act Proceedings. The Applicant Father (hereafter, F) issued an application in October 2017. In August 2020, the matter was reviewed and considered by the Court of Appeal and succe  Read more...

Duncan Lewis:Reported Case

Court of Appeal underlines that successful litigants should receive their costs, in test case about hidden disabilities (12 January 2021)

RS, R (On the Application Of) v London Borough of Brent [2020] EWCA Civ 1711 (18 December 2020) RS suffers from debilitating but non-physical conditions which make walking, especially in busy places, very difficult. He applied to the London  Read more...

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