Freedom of Movement in UK Law

Leading Cases
  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Jul 1999

    Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.

  • JE v DE (by his litigation friend, the Official Solicitor), Surrey County Council and EW [FD]
    • Family Division
    • 29 Dic 2006

    And when I refer to leaving the X home and the Y home, I do not mean leaving for the purpose of some trip or outing approved by SCC or by those managing the institution; I mean leaving in the sense of removing himself permanently in order to live where and with whom he chooses, specifically removing himself to live at home with JE.

  • The Queen (on the application of Ali Hafeez) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 28 Feb 2020

    In order to determine whether or not it is to be suspensory in any case, an application will be made to the court and must be determined before any further steps are taken with respect to the Deportation Order. The provision itself is not purporting to characterise the exclusion decision in any particular way. It is not drawing a distinction between a deportation decision on the one hand, and an exclusion decision pending an appeal on the other.

  • Austin v Commissioner of Police of the Metropolis
    • House of Lords
    • 28 Ene 2009

    I would hold therefore that there is room, even in the case of fundamental rights as to whose application no restriction or limitation is permitted by the Convention, for a pragmatic approach to be taken which takes full account of all the circumstances.

  • R v Bournewood Community and Mental Health NHS Trust, ex parte L (Secretary of State for Health intervening)
    • House of Lords
    • 25 Jun 1998

    I wish to add that the latter statement is as true of any restriction upon his freedom of movement as then occurred, as it it is of any touching of his person. There were times during the episode when it might be said that Mr. L was "detained" in the sense that, in the absence of justification, the tort of false imprisonment would have been committed. I have particularly in mind the journey by ambulance from the Day Centre to the Accident and Emergency Unit.

  • R (Agyarko) v Secretary of State for the Home Department
    • Supreme Court
    • 22 Feb 2017

    Article 20 precludes national measures which have the effect of depriving Union citizens of the genuine enjoyment of the substance of the rights conferred by virtue of their status as Union citizens.

  • R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
    • House of Lords
    • 24 Jul 1991

    This provides lawful authority for the restraint of the prisoner within the defined bounds of the prison by the governor of the prison, who has the legal custody of the prisoner under section 13, or by any prison officer acting with the governor's authority. Can the prisoner then complain that his legal rights are infringed by a restraint which confines him at any particular time within a particular part of the prison?

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Legislation
  • Bermuda Constitution Order 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ...... CHAPTER I . PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL . Section . 1. Fundamental rights and freedoms of the .... 11. Protection of freedom of movement. . 12. Protection from discrimination on the grounds of race, etc. . 13. ......
  • Immigration (European Economic Area) Regulations 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ......  64/224/EEC of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities ...1612/68 on freedom of movement for workers within the Community (as applied by Article 1 of Directive  ......
  • Detention Centre Rules 2001
    • UK Non-devolved
    • 1 de Enero de 2001
    ...... accommodation of detained persons in a relaxed regime with as much freedom of movement and association as possible, consistent with maintaining a ......
  • The Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
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Books & Journal Articles
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Law Firm Commentaries
  • UK To End Freedom Of Movement
    • Mondaq UK
  • Will intra country commuting continue post Brexit? UK Government issues new guidance on frontier workers.
    • LexBlog United Kingdom
    A frontier worker is an EU, EEA or Swiss national, who is economically active in the UK (through employment or self-employment) but resides outside the UK. Under the EEA right of freedom of movemen...
    ......Under the EEA right of freedom of movement, such nationals are currently free to travel and work in all ......
  • Sports immigration – Brexit’s latest political football
    • LexBlog United Kingdom
    What would the impact be on UK sports, and in particular football, if the UK were to exit the EU? In the Bosman ruling in 1995 the European Court of Justice declared that, in accordance with the Tr...
    ...... with the Treaty of Rome’s rules regarding the principle of freedom of movement for workers, EU sportspeople can ply their trade in any other ......
  • Guide for Hong Kong British National (Overseas) visa holders in the UK
    • LexBlog United Kingdom
    The new visa route to allow British National (Overseas) (‘BNO) Status Holder to enter the UK has eased freedom of movement between Hong Kong British National and the UK for those who are eligible u...
    ...... (Overseas) (‘BNO) Status Holder to enter the UK has eased freedom of movement between Hong Kong British National and the UK for those who ......
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