Landmark Cases

Gherson and Co challenge permitted absences from the UK for investors applying for settlement.

Gherson and Co. issued a challenge in the UK High Court to the Home Office policy on absences from the UK by investors applying for settlement (Indefinite Leave to Remain, ILR). Faced with this challenge, the Home Office announced that investors may spend up to 25% of their time outside the UK during the five years necessary to qualify for settlement. The maximum length of any single absence is 3 months. This is a huge improvement on the former position, when only 6 weeks per year could be spent outside the UK. The Financial Times newspaper reported that the Home Office had told them that, as a result, "All categories are being considered as part of the revised guidelines, which will be published as soon as possible."

EU free movement rights established for company chairman

The chairman of an Austrian company was represented by Gherson and Co in a case where he successfully asserted his EU free movement rights as chair of a company registered in Austria wanting to come to the UK. The challenge to the refusal to let him come to the UK was unique in British public law for its length and complexity. At all stages of the case, the law and proper procedures were clarified to the benefit of EU companies, their chairs and managers. The UK eventually agreed to let the chairman com to the UK rather than try to defend the decision against him and made a substantial payment to him in compensation.