Challenging Administrative Detention

Date: Monday 18 June 2012

Time: 18:30 to 20:00

Speakers: Heather Williams QC, Judith Farbey QC, Laura Dubinsky

CPD: 1.5 points


Chair: Judith Farbey QC

Speakers: Heather Williams QC and Laura Dubinsky

CPD Points: 1.5

Cost: FREE

A year after the Supreme Court's landmark judgment on administrative detention in Lumba and Mighty [2011] UKSC 12, [2011] 2 WLR, the law in this area remains in flux.

This seminar is suitable for claimants' solicitors undertaking challenges to administrative detention in all areas, including police actions, immigration detention and mental health, whether in private or public law litigation.

We will examine recent developments and issues of remaining controversy, in particular:

  • Applications of the Lumba and Mighty principle that material public law error renders administrative detention unlawful;
  • Consequences of a failure to give reasons for detention;
  • Whether specific statutory provisions may oust the detainer's liability (as the Home Office argues in the immigration detention context for Immigration Act 1971 Schedule 3 paragraph 2(1) and 2(3));
  • Deploying challenges to underlying detention policies;
  • The circumstances in which, though a person was unlawfully detained, only nominal damages will be awarded; and
  • The applicable burden and standard of proof where nominal damages are in issue.

The seminar will review and critique the caselaw, consider areas of possible further development and provide practical guidance.

Level: Intermediate/ Advanced

To reserve your place on this seminar, please fill in and return a completed booking (click here to open), by post to Training Coordinator, Doughty Street Chambers, 53-54 Doughty Street, London WC1N 2LS - DX 223 chancery lane or by email to

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