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Immigration – Detention. The Administrative Court had given judgment in favour of the claimant on his application for judicial review of his immigration detention. The parties were agreed that the judge had erred in some important respects and that his decision could not stand. The claimant's solicitors suggested inviting the court to approve a consent order setting aside the judge's order and remitting the matter to the Administrative Court for re-hearing. The Secretary of State sought the court's clarification of the effect of such an order. The Court of Appeal, Civil Division, held that, given the deficiencies in the judgment, it could not stand. Cases which gave rise to disputed issues of fact, such as the present, were not well suited to trial in the Administrative Court and should be transferred to the Queen's Bench Division or county court for trial as a Pt 7 claim. The present proceedings were transferred to the Queen's Bench Division for a fresh determination.
Immigration – Detention. The Administrative Court had given judgment in favour of the claimant on his application for judicial review of his immigration detention. The parties were agreed that the judge had erred in some important respects and that his decision could not stand. The claimant's solicitors suggested inviting the court to approve a consent order setting aside the judge's order and remitting the matter to the Administrative Court for re-hearing. The Secretary of State sought the court's clarification of the effect of such an order. The Court of Appeal, Civil Division, held that, given the deficiencies in the judgment, it could not stand. Cases which gave rise to disputed issues of fact, such as the present, were not well suited to trial in the Administrative Court and should be transferred to the Queen's Bench Division or county court for trial as a Pt 7 claim. The present proceedings were transferred to the Queen's Bench Division for a fresh determination.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
