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 [2010] 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.