The following Immigration practice note Produced in partnership with Samina Iqbal of Goldsmith Chambers provides comprehensive and up to date legal information covering:
This Practice Note covers the law relating to temporary admission and bail which applied as of 24 November 2016, prior to the commencement of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052.
This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control, as well as the forms of release that are relevant to persons who are liable to detention, ie temporary admission/temporary release, restriction orders and bail. The note is primarily intended to provide a summary of the key principles involved, as a detailed treatment of these topics is currently outside the scope of Lexis®PSL Immigration.
For more detailed commentary on these topics, including on challenging detention, please see Chapter 18 of Macdonald's Immigration Law and Practice (for which a relevant subscription to Lexis®Library is required). For a critical overview of the situation in relation to immigration detention in practice, please see the joint report of the All-party Parliamentary Groups on Refugees and Migrants into the use of immigration detention in the UK, published on 3 March 2015. For a discussion on the changes to detention and bail implemented by the Immigration Act 2014, see News Analysis: Immigration Act 2014—Bail and detention. Note also that, at the time of writing, the detained fast track has been suspended pending a review of its operation, following the decision
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Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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