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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

18/01/2016

Julie Anderson and Belinda McRae to appear in the Supreme Court on 19-20 January 2015

This is an archived article, and some links may not work. Contact us if you have any questions.

Julie Anderson and Belinda McRae (led by Robin Tam QC of Temple Garden Chambers) act for the Secretary of State in R (O) v Secretary of State for the Home Department (UKSC 2014-0227).

By way of background, the Appellant entered the UK illegally and committed offences upon her arrival. Following a term of imprisonment, she was placed in immigration detention pending deportation. She brought a damages claim for unlawful detention by way of judicial review, alleging that her continued detention was not in compliance with the published government policy in the light of her mental health condition. The Court of Appeal’s decision ([2014] EWCA Civ 990, [2015] 1 WLR 641) is notable for its consideration of the proper role of the Court when considering a challenge to the lawfulness of detention based on whether that detention was in compliance with the relevant policy.

The appeal before the Supreme Court will consider four issues. In broad terms, they are:

(1) What is the appropriate standard of review in assessing policy compliance? Is the Court to act as the primary decision-maker? Or should it apply the Wednesbury test, or another intermediate approach?

(2) What is the meaning of the “satisfactorily managed” requirement within the published policy in relation to the detention of the mentally ill?

(3) Was the approach of the Court of Appeal to a public law error in the form of a failure to conduct a proper detention review correct?

(4) What relevance (if any) does the Appellant’s unsuccessful bail applications have to the question of the lawfulness of her detention?

The appeal will be heard by Lady Hale, Lord Wilson, Lord Reed, Lord Hughes and Lord Toulson.     


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