header-logo header-logo

20 May 2020 / Tori Adams , Killian Moran
Issue: 7887 / Categories: Features , Human rights
printer mail-detail

Centre of detention

21123
Tori Adams & Killian Moran discuss claims of unlawful detention and the impact of COVID-19 lockdown measures
  • Unlawful detention claims: nothing new.
  • Unlawful detention generally: principles of lawfulness.
  • Unlawful detention and COVID-19: the current climate.
  • Important principles of the tort of false imprisonment: human rights legislation.

Unlawful detention claims are nothing new within the jurisdiction of England and Wales, especially in an immigration context, and the law in relation to such claims is well-established and clear. It has long been commonplace that these cases settle before going to court, with the Home Office spending thousands to rectify administrative and legal errors which have led to the continued unlawful detention of immigrants. However, with recent restrictions brought about by COVID-19 we believe that the Home Office, and the courts, should consider what more can be done to reduce the number of people detained under immigration powers. Failing to do so could result in significant periods for which detention is unlawful.

Unlawful detention generally

Immigration practitioners and civil litigators working alongside them will be familiar with the general principles

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll