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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.
The age of criminal responsibility, extreme weather and conflict resolution – plus, new protocol for reporting bullying at the Bar
By David Green
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Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
Solicitor General Ellie Reeves KC MP discusses her decade as a trade union and employment law barrister, the demands of life as a Law Officer and the number one priority shaping her work. Interview by Anthony Inglese CB
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
At least not that way, says Richard Paige