Freedom of Movement in UK Law

Leading Cases
  • 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 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.

  • 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.

  • Julian Assange v Swedish Prosecution Authority
    • Queen's Bench Division (Administrative Court)
    • 05 Dic 2011

    However, the facts set out in the EAW must not merely enable the inference to be drawn that the Defendant did the acts alleged with the necessary mens rea. They must be such as to impel the inference that he did so; it must be the only reasonable inference to be drawn from the facts alleged. Otherwise, a Defendant could be convicted on a basis which did not constitute an offence under the law of England and Wales, and thus did not satisfy the dual criminality requirement.

  • 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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Books & Journal Articles
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Law Firm Commentaries
  • UK To End Freedom Of Movement
    • Mondaq UK
    • 22 de Agosto de 2019
  • Will intra country commuting continue post Brexit? UK Government issues new guidance on frontier workers.
    • LexBlog United Kingdom
    • Norton Rose Fulbright
    • 29 de Septiembre de 2020
    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
    • 21 de Marzo de 2016
    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 ......
  • Possible No-Deal Brexit Could Impact EU Citizens Planning to Enter UK After 31 October
    • JD Supra United Kingdom
    • Morgan Lewis
    • 25 de Agosto de 2019
    A no-deal Brexit is now a very real possibility, and the UK government has announced that freedom of movement of EU citizens and their family members will come to an end immediately on 31 October 2...
    ...... a very real possibility, and the UK government has announced that freedom of movement of EU citizens and their family members will come to an end ......
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