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England and Wales Case Law

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Immigration

KT & Anor v The Secretary of State for the Home Department

Appeals allowed: the Tribunal found the lead appellant faced persecution in Namibia, lacked sufficient state protection, could not reasonably relocate, and also succeeded on human rights grounds.

  • Refugee convention
  • Particular social group
  • Persecution
  • State protection
  • Internal relocation
  • Article 3 echr
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Administrative law [2026] EWHC 1075 (Admin)

Szczurkowski, R (On the Application Of) v Director of Legal Aid Casework

Szczurkowski, R (On the Application Of) v Director of Legal Aid Casework [2026] EWHC 1075 (Admin) (07 May 2026)

The High Court dismissed a judicial review challenge to an ECF refusal, holding there was no duty to consider investigative representation and no unlawful delay.

  • Exceptional case funding
  • Legal representation
  • Modern slavery
  • Criminal injuries compensation
  • Judicial review procedure
  • Judicial-review
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Public law [2026] EWHC 971 (Admin)

AOP, R (On the Application Of) v Secretary of State for the Home Department

AOP, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 971 (Admin) (24 April 2026)

Permission for judicial review was refused in a challenge to a modern slavery reasonable grounds decision. The court found no arguable error in treating the facts as fraud, not exploitation.

  • Modern slavery
  • Human trafficking
  • Judicial review
  • Reasonable grounds decision
  • Exploitation definition
  • Judicial-review
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Criminal law [2026] EWCA Crim 476

Moon Swee How & Anor v R.

Moon Swee How & Anor v R. [2026] EWCA Crim 476 (17 April 2026)

The Court of Appeal held that section 2 of the Modern Slavery Act 2015 does not require proof of the Article 4 ECAT “means” element and dismissed the appeals.

  • Human trafficking
  • Modern slavery
  • Statutory interpretation
  • Conspiracy
  • Sexual exploitation
  • Modern-slavery-act-2015
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Administrative law [2026] EWHC 858 (Admin)

CGW, R (On the Application Of) v Secretary of State for the Home Department

CGW, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 858 (Admin) (13 April 2026)

The High Court quashed a negative Modern Slavery Act Conclusive Grounds decision, holding the reasons were irrational, inadequately reasoned, and failed to engage with key evidence.

  • Modern slavery
  • Human trafficking
  • Judicial review
  • Public law reasoning
  • Article 4 echr
  • Statutory guidance
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Criminal law

R v Maria Kwiatkowska

Convictions in 2011 and 2015 are unsafe due to abuse of process and failure to identify applicant as a victim of trafficking; public interest did not require prosecution. Convictions in 2017, 2019, and 2020 are not unsafe as applicant was properly advised, made reasoned decisions to plead guilty, and public interest justified prosecution given repeated offending and available support.

  • Modern slavery
  • Trafficking
  • Abuse of process
  • Statutory defence
  • Appeals against conviction
  • Mental capacity
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Criminal law

R v Tinh Van Nguyen

The Court of Appeal dismissed extensions of time and leave to appeal, holding there was no basis for section 45 or reasonable-cause arguments and no abuse of process.

  • Guilty plea
  • Modern slavery
  • Statutory defence
  • Abuse of process
  • Article 4 echr
  • Bail act offences
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Immigration [2026] EWHC 896 (Admin)

EXR, R (On the Application Of) v Secretary of State for the Home Department & Anor

EXR, R (On the Application Of) v Secretary of State for the Home Department & Anor [2026] EWHC 896 (Admin) (25 March 2026)

The court granted permission for judicial review on EXR’s age issue and maintained interim relief stopping removal to France pending final determination.

  • Age assessment
  • Trafficking
  • Interim relief
  • Uk-france treaty
  • Asylum
  • Modern slavery
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.