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19 June 2015
Issue: 7657 / Categories: Legal News
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Detention fast-track is unlawful

The fast-track appeals process for asylum-seekers in detention is unlawful, the High Court has held.

Ruling in Detention Action v Secretary of State for the Home Office [2015] EWHC 1689 (Admin), Mr Justice Nicol concluded that this “looks uncomfortably akin to…sacrificing fairness on the altar of speed and convenience”.

He quashed the procedural rules governing the detained fast track asylum process. However, he also granted the Lord Chancellor’s request to stay the ruling until his appeal is heard in the Court of Appeal on the basis that it would be “inconvenient” for the order to take effect immediately.

He held that the fast track rules “do incorporate structural unfairness” and that “by allowing one party to the appeal to put the other at serious procedural disadvantage without sufficient judicial supervision, the rules are not securing that justice be done or that the tribunal system is fair.

Issue: 7657 / Categories: Legal News
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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
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