We reported in our October 2010 immigration update on the High Court decision in
R (London Reading College Ltd) v Secretary of State for the Home Department  ELR 809
In this case the college successfully challenged the decision to revoke its sponsor licence. It also contended that the revocation was in breach of Article 1 of the First Protocol ECHR on the basis that the licence was a 'possession,' the deprivation of which had to be both in accordance with the law and proportionate.
The relief sought by the college includes very substantial damages under section 8 of the Human Rights Act 1998. The High Court allowed the claim and held that the revocation of the licence was in breach of natural justice and contrary to Article 1 of the First Protocol ECHR. The revocation was quashed and a further hearing on the assessment of damages under section 8 of the HRA 1998 is pending.
This case provided the first indication from the judiciary that the UKBA's actions in removing a sponsor's licence unlawfully may result in a significant damages claim.
Where an education provider, or a group of providers, believes that they have an action in damages, they should contact Nichola Carter or Pat Saini for further advice.