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Bloomsburry Family law


Westminster City Council v National Asylum Support Service [2002] UKHL 38

Public and Administrative Law - Judicial Review - Housing - Council assessed community care needs of asylum seeker who was infirm - Council and not National Asylum Support Service had to pay for providing accommodation - Asylum seeker who was not able-bodied came within National Assistance Act 1948, s 21(1)(a) and was not excluded by s 21(1A) - Existence of duty under s 21 excluded infirm asylum seeker from consideration for asylum support under Immigration and Asylum Act 1999, Pt VI

R v SoS for the Home Department, ex p Thangarasa; R v SoS for the Home Department, ex p Yogathas [2002] UKHL 36

Judicial Review - Human Rights - Immigration - Asylum - Tamils from Sri Lanka sought asylum in UK after first seeking asylum in Germany - Secretary of State directed removal to Germany as responsible State under Dublin Convention - Secretary of State entitled to certify under Asylum and Immigration Act 1996, s 2(2) that Germany would not send asylum seeker to another country or territory otherwise than in accordance with Geneva Convention - Secretary of State entitled to certify under Immigration and Asylum Act 1999, s 72(2) that allegation that decision to send asylum seeker back to Germany was in breach of the European Convention on Human Rights was manifestly unfounded

Brawley v Marczynski [2002] EWCA Civ 1453

Costs - Legal Aid - Judge right to order indemnity costs against defendants in favour of legally-aided claimant - Indemnity principle ensured that award of costs (whether on standard or indemnity basis) did not enable litigant to profit from any costs order - Order for indemnity costs intended to operate penally on losing party to mark court’s disapproval of that party’s conduct of litigation - That legally-aided litigant would not himself recover difference between standard and indemnity costs not principled objection to award of indemnity costs - Court had to consider whether claimant’s lawyers deserved any increase in their usual or prescribed fee - Civil Legal Aid (General) Regulations 1989, reg 107B

R (Kides) v South Cambridgeshire DC [2002] EWCA Civ 1370

Planning Law - Extent of duty on local planning authority dealing with planning application to have regard to all material considerations - Council resolved to grant permission in principle in 1995 subject to s 106 agreement - Agreement concluded in 2000 and decision notice issued - Appellant challenged decision on grounds of failure to consider material change in circumstances - Authority discharged duty where it considered material considerations with application in mind even though it did not formally reconsider application - Decision following formal reconsideration would have been same - Appellant could rely on argument relating to affordable housing in which she had no personal interest - Town and Country Planning Act 1990, ss 70(2), 106

Lodhi v Governor of HM Prison Brixton [2002] EWHC 2029 (Admin)

Extradition and Exclusion - Habeas Corpus - Second extradition request in relation to serious drug offences in United Arab Emirates - Second request not in circumstances abuse of process - Applicant’s claim that extradition unjust by reason of delay rejected - No evidence that prisoners in UAE systematically received less favourable treatment in significant way while serving their sentences by reason of their race or nationality and that those responsible for prisons either approved and encouraged such treatment or turned blind eye to it - Extradition Act 1989, ss 6(1)(d), 11(3)(b)