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Carine Patry

Carine Patry


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Public Law

Carine's reported cases in this field include:

  • AQ (Somalia) v SSHD [2011] EWCA Civ 695 (Court of Appeal): successful appeal relating to section 72 presumptions.
  • HSE v Wolverhampton City Council [2010] EWCA (Court of Appeal): the ability of local authorities to take into account financial considerations when considering whether to revoke planning permissions.
  • HR (Portugal) v SSHD [2009] EWCA Civ 371 (Court of Appeal): time spent in prison does not count as ‘residence’ for the purposes of the ‘Citizenship’ Directive 2004/28.
  • Saber v SSHD [2009] EWHC (Admin): the SSHD is entitled to refuse to treat representations as a ‘fresh claim’ in circumstances where the evidence provided is limited, even if the case put forward could be believed on appeal.
  • Orlando Polanco v SSHD [2009] EWHC (Admin) 826: the continued detention (33 months) of an overstayer who had committed criminal offences was not justified in all the circumstances.
  • Fladgate Fielder v Westminster City Council [2009] EWHC Admin: local authority entitled to accept a substantial financial contribution to its affordable housing fund from a developer where it was not practicable for the development to include an amount of residential floorspace equaivalent to the increase in commercial space.
  • JN (Cameroon) v SSHD [2009] EWCA Civ 241 (Court of Appeal): immigration judge was entitled to conclude that certificates purportedly issued by the Cameroon government authorities and produced to support an asylum seekers’ claim, could not be relied upon.

 Apart from the High Court and the Court of Appeal, she also regularly appears in the First Tier Tribunal (on health, care standards, education, social security and mental health issues) and the Upper Tribunal. Carine regularly undertakes care standards cases, and recently completed a complex 4-week hearing relating to the suitability of a person to work with vulnerable adults, dealing with many witnesses (professional and otherwise)