The Lord Chancellor v Detention Action Secretary of State for the Home Department (Interested Party)

JurisdictionEngland & Wales
JudgeMaster of the Rolls,Lord Justice Briggs,Lord Justice Bean
Judgment Date29 July 2015
Neutral Citation[2015] EWCA Civ 840
Docket NumberCase No: C4/2015/2134
CourtCourt of Appeal (Civil Division)
Date29 July 2015
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73 cases
  • The King on the application of AAA (Syria) v The Secretary of State for the Home Department
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 June 2023
    ...the lens of the judgment. 432 I start with the applicable legal principles. At para. 27 of his judgment in Lord Chancellor v Detention Action [2015] EWCA Civ 840, [2015] 1 WLR 5341, another case involving the adequacy of procedural timetables, albeit in a different context, Sir John Dyson M......
  • R Medical Justice v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 13 September 2019
    ...principles as to when a system will be declared unlawful were summarised by the Court of Appeal in R (Detention Action) v First-Tier Tribunal [2015] EWCA Civ 840 [2015] 1 WLR 5341 at [27]. In particular, Lord Dyson (with whom Briggs and Bean LJJ agreed) accepted the submission at [27] as fo......
  • The Queen (on the application of Kevin Kinyanjui Kiarie) v The Secretary of State for the Home Department
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 October 2015
    ...for the Home Department [1986] UKHL 3; [1987] AC 514; [1987] 2 WLR 606; [1987] 1 All ER 940; [1987] Imm AR 250 Lord Chancellor v Detention ActionUNK [2015] EWCA Civ 840; [2015] 1 WLR 5341 MF (Nigeria) v Secretary of State for the Home DepartmentUNK [2013] EWCA Civ 1192; [2014] 1 WLR 544; [2......
  • R (Howard League for Penal Reform and Another) v Lord Chancellor
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 10 April 2017
    ...administrative arrangements are systemically or inherently unfair by Lord Dyson in R (Detention Action) v First-Tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ. 840, [2015] 1 WLR 5341, to which we refer at [48], [50] and [55] below. (d) What is required in a given context: 39......
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2 firm's commentaries
  • BF (Eritrea): Challenging The Lawfulness Of The Secretary Of State's Policy Guidance
    • United Kingdom
    • Mondaq UK
    • 30 August 2021
    ...that made it inherently unfair, in reliance on n R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840. The second submission relied on the examination of empirical data on how the policy guidance operated in practice. The Upper Tribunal rejected bo......
  • BF (Eritrea): Challenging The Lawfulness Of The Secretary Of State's Policy Guidance
    • United Kingdom
    • Mondaq UK
    • 30 August 2021
    ...that made it inherently unfair, in reliance on n R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840. The second submission relied on the examination of empirical data on how the policy guidance operated in practice. The Upper Tribunal rejected bo......
2 books & journal articles
  • ‘A really hostile environment’: Adiaphorization, global policing and the crimmigration control system
    • United Kingdom
    • Sage Theoretical Criminology No. 24-2, May 2020
    • 1 May 2020
    ...convenience. This was recently found to be ultra vires, which the Court of Appeal case The Lord Chancellor v Detention Action [2015] EWCA Civ 840 confirmed. As Lord Dyson at [49] stated, ‘justice and fairness should not be sacrificed on the altar of speed and efficiency’. But the tide of ef......
  • Law and Speed: Asylum Appeals and the Techniques and Consequences of Legal Quickening
    • United Kingdom
    • Wiley Journal of Law and Society No. 47-1, March 2020
    • 1 March 2020
    ...given in the report,not least the problem of fast-paced, low-volume speech. In most cases,81 The Lord Chancellor v. Detention Action [2015] EWCA Civ 840 para. 49. Practicaldifficulties and complexities of the DFT undermined appellants’ rights to participatefully and effectively in their app......

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