Source: All England Reporter
Publisher Citation: [2017] All ER (D) 107 (Dec)
Neutral Citation: [2017] EWHC 3298 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Lang J

Representation Marie Demetrious QC, Stephen Knight, Shanthis Sivakumaran and Natalie Csengeri (instructed by Public Interest Law Unit/Lambeth Law Centre) for the claimants.
  James Eadie QC and Julie Anderson (instructed by the Government Legal Department) for the defendant.
  Brian Kennelly QC, who provided written submissions (instructed by Deighton Pierce Glynn) on behalf of the interested party the Advice on Individual Rights in Europe (AIRE) Centre.
Judgment Dates: 14 December 2017


European Union - Freedom of movement - Persons

The Case

European Union Freedom of movement. The linked claims for judicial review of the three claimants had been selected as test cases in which to consider the lawfulness of the defendant Secretary of State for the Home Department's policy, and its application, to European Economic Area (EEA) nationals found sleeping rough in the UK. The Queen's Bench Division, in granting the claims for judicial review, held, amongst other things, that the policy was unlawful because to treat rough sleeping as an abuse of the right to freedom of movement and residence, as the defendant had done, was contrary to EU law.

Practice Areas

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