Home Office pay £275,000 in Article 1 Protocol 1 damages claim

09.11.15 | |

The Home Office has agreed to pay £275,000 to Lords College of Higher Education Ltd, to settle their Article 1 Protocol 1 damages claim.  David Lemer and Ian Macdonald QC were instructed by Aston Brooke Solicitors, in an action arising from the unlawful revocation of Lords College’s Tier 4 sponsor licence.  Lords College had been granted a licence to sponsor non EEA students in March 2011, but the Home Office had suspended its sponsor licence in July 2011, before revoking it in October 2011.  In July 2013 Supperstone J had found that the revocation had been unlawful, and transferred the damages claim to the Queens Bench Division.

 

The Court of Appeal, in New London College, concluded that a Sponsor Licence cannot constitute a possession for the purposes of Article 1 Protocol 1. A claim can, however, be based upon the loss of marketable goodwill arising from an unlawful suspension or revocation.  There have, thus far, been no reported cases in which a Tier 4 sponsor has successfully pursued such a damages claim. David Lemer and Nicholas Bowen QC are instructed on another such claim, TTM Services Company Ltd v Home Office, which is due to be heard in the High Court in March 2016.

 

Link to Administrative Court Judgment can be found here.

 

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)