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Matrix Judgments & Commentary

Matrix’s Legal Support Service produce summaries of cases that Matrix members are involved in, which you can find below. You can browse these through the search function on the right.

CJEU considers legality of deporting parent of EU citizen minor with criminal record to country outside EU

Secretary of State for the Home Department v CS (Case C-304/14)

Request for a preliminary ruling made by the Upper Tribunal (Immigration and Asylum Chamber) concerning the interpretation of Article 20 TFEU. Whether EU law precluded non-Union nationals being expelled from a member state, where they were the primary carer of a child who was a member state citizen and where the child would be deprived of the genuine enjoyment of the substance of their EU rights as a result of the deportation.

Civil claims following British military involvement in Iraq – appeal on preliminary issues

Al-Saadoon & Ors v Secretary of State for Defence & Ors [2016] EWCA Civ 811

The court heard an appeal against the decision of Leggatt J, which considered a number of preliminary issues regarding, among other things, the applicability of the ECHR to Iraqi civilian litigation alleging British military human rights violations. Among the issues raised in these test cases were the scope of the ECHR’s applicability and the extent of the UK’s duty to investigate alleged abuses under ECHR, arts 3 and 5, and under UN Convention Against Torture (UNCAT), arts 2 and 3.

ECHR, art 8 rights outweighed by public interest in extradition for serious offence

Cakule v Prosecutor General's Office of the Republic of Latvia [2016] EWHC 2211 (Admin)

The appellant was wanted for prosecution in Latvia for stealing a firearm and ammunition, which carries a sentence of between two and 10 years’ imprisonment. She sought to rely, inter alia, on ECHR, art 8 to avoid extradition under EAW, based on the fact she had been a victim of human trafficking and on medical evidence. Held: the factors relied upon by the appellant failed by a large margin to displace that public interest in the UK returning her to be tried for a serious offence.

Decision on Civil Nuclear Police pension battle

Civil Nuclear Police Federation v Civil Nuclear Police Authority [2016] EWHC 2186 (Admin)

The term “members of a police force” the Public Service Pensions Act 2013, s 10(2)(b) does not include members of the Civil Nuclear Constabulary. Thus any pension scheme made in relation to them must have a normal retirement age of 65. Inter alia, the CNC is not primarily engaged in crime prevention, the maintenance of public order nor the investigation of crime, and there is fundamental difference in their employment status.

Whether Extradition Act 2003, s 12A barred the appellants’ extradition

Doci v The Court of Brescia, Italy and another case [2016] EWHC 2100 (Admin)

Whether the Extradition Act 2003, s 12A, barred the extradition of the appellants. The provision states that extradition to a category 1 territory was prohibited if there were reasonable grounds for believing that a decision had not been made to charge or try the person, and the person’s absence was not the sole reason for that failure, and the authorities in the territory then failed to prove that this was not the case.