Zafar, R (on the application of) v The Secretary of State for the Home Department

Shu Shin Luh (instructed by Duncan Lewis) for the Claimant Rory Dunlop (instructed by the Government Legal Department) for the Respondent Hearing date: 17 May 2016 ____________________

The perpetrators do not have to be state agents, as the individual cases considered within that judgment demonstrate.

ii) Even when such individuals were identified, to recognise those cases that required further investigation (including, in some cases, clinical investigation).

There is no indication of what would count as a problem "unrelated to" the applicant, or of how the failure of a privately funded solicitor to turn up because he was not going to be paid for his attendance would be treated within the policy. However the overriding concern identified is one of reasonableness and fairness, and that must depend on the facts and circumstances of the particular case.