Limited leave to remain does not knock out a Zambrano claim – EIN Blog

‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’

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EIN Blog , 21st June 2021


Cases against the medical profession: an extended review by Marina Wheeler QC – UK Human Rights Blog

Posted June 21st, 2021 in conflict of interest, deceit, doctors, hospitals, news, professional conduct by tracey

‘During the pandemic, the public’s gratitude to the medical profession has been palpable. But rightly, practitioners continue to be regulated, supervised by the Courts. Here we report a clutch of decisions highlighting some common themes: the importance of transparency and maintaining public confidence in the profession; managing conflicts of interest; making and handling findings of dishonesty.’

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UK Human Rights Blog, 18th June 2021


Electoral Commission to be stripped of power to prosecute after probe into Boris Johnson’s flat makeover – The Independent

Posted June 21st, 2021 in bills, government departments, news, ombudsmen by tracey

‘Boris Johnson is to strip the Electoral Commission of the power to prosecute law-breaking, just weeks after it launched an investigation into his controversial flat refurbishment.’

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The Independent, 19th June 2021


Businessman jailed for a year over ‘vile’ threats to MPs who criticised Brexit – The Independent

Posted June 21st, 2021 in brexit, imprisonment, malicious communications, news, parliament by tracey

‘A businessman who sent death threats to MPs in a series of emails warning them not to block Brexit has been jailed for 12 months.’

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The Independent, 19th June 2021


Recent Statutory Instruments –

Posted June 21st, 2021 in legislation by tracey

The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2021

The Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) Regulations 2021

The Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2021

The Criminal Finances Act 2017 (Commencement No. 5) Regulations 2021

The Payment and Electronic Money Institution Insolvency Regulations 2021

The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations


BAILII: Recent Decisions

Posted June 21st, 2021 in law reports by tracey

Supreme Court

Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 (18 June 2021)

Khan v Meadows [2021] UKSC 21 (18 June 2021)

Court of Appeal (Civil Division)

Broadcasting Investment Group Ltd & Ors v Smith & Anor [2021] EWCA Civ 912 (18 June 2021)

Court of Appeal (Criminal Division)

Ivor & Ors, R. v [2021] EWCA Crim 923 (18 June 2021)

High Court (Administrative Court)

Smolas, R (On the Application Of) v Herefordshire Council [2021] EWHC 1663 (Admin) (21 June 2021)

Vajdik v District Court of Bratislava, Slovakia [2021] EWHC 1665 (Admin) (18 June 2021))

High Court (Chancery Division)

Changizi v Changizi & Ors [2021] EWHC 1659 (Ch) (18 June 2021)

Pickering v Hughes & Ors [2021] EWHC 1672 (Ch) (18 June 2021)

Claims Direct PLC v Hinton [2021] EWHC 1613 (Ch) (18 June 2021)

High Court (Commercial Court)

VTB Bank (PJSC) v Firtash (Costs) [2021] EWHC 1634 (Comm) (18 June 2021)

High Court (Queen’s Bench Division)

Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) (21 June 2021)

Moutarde v SIG Logistics & Anor [2021] EWHC 1670 (QB) (18 June 2021)

Tattersalls Ltd v McMahon [2021] EWHC 1629 (QB) (18 June 2021)

Kingsley Napley LLP v Harris & Anor (Costs) [2021] EWHC 1641 (QB) (18 June 2021)

Burn v Alder Hey Children’s NHS Foundation Trust [2021] EWHC 1674 (QB) (18 June 2021)


Outdoor civil wedding and partnership registrations to be legalised – Ministry of Justice

Posted June 21st, 2021 in civil partnerships, marriage, Ministry of Justice, news by tracey

‘Outdoor civil wedding and partnership ceremonies in England and Wales are set to be legalised for the first time – offering greater choice to couples in a boost to the wedding sector.’

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Ministry of Justice, 20th June 2021


Transport for London evicting rough sleepers from public areas in potential breach of law – The Independent

Posted June 21st, 2021 in equality, homelessness, human rights, local government, London, news, transport by tracey

‘Rough sleepers are being evicted from public spaces in a move legal experts say is likely to be unlawful.’

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The Independent, 20th June 2021


Justice Secretary says it would be wrong for him to push for more rape prosecutions – The Independent

‘Labour accuses Robert Buckland of U-turn after he says he will not use his political position to urge more prosecutions and convictions.’

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The Independent, 20th June 2021


High Court rejects client’s bid to judicially review Legal Ombudsman decision – Legal Futures

Posted June 21st, 2021 in compensation, judicial review, law firms, legal ombudsman, news by tracey

‘The High Court has rejected a client’s application for permission to judicially review an award made in his favour by the Legal Ombudsman (LeO) that he claimed was insufficient.’

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Legal Futures, 18th June 2021


Leasehold high-rise flats: who pays for fire safety work? – House of Commons Library

Posted June 21st, 2021 in building law, fire, health & safety, housing, landlord & tenant, news by tracey

‘This briefing paper considers the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire.’

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House of Commons Library, 20th June 2021


Supreme Court clarifies duty test in Grant Thornton ruling – Law Society’s Gazette

‘The Supreme Court has backed a building society’s claim against its former auditor, in a ruling that provides a “more generous” test for the duty of care owed by professional advisers.’

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Law Society's Gazette, 18th June 2021


News focus: Exhibiting the law’s ‘crown jewels’ – Law Society’s Gazette

Posted June 21st, 2021 in internet, judgments, lord chancellor, Ministry of Justice, news by tracey

‘As the National Archives takes on BAILII’s role of creating an online hub for court judgments, doubts persist about how to showcase common law rulings in a machine-friendly and comprehensive way.’

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Law Society's Gazette, 21st June 2021


One third of convicted sex offenders across England and Wales avoid prison – The Guardian

‘Ministers are facing demands to explain why thousands of convicted sexual offenders across England and Wales have avoided prison. An Observer investigation found that adults convicted of sexually assaulting children under 13, or of engaging in sexual activity with underage teenagers, are among those who have not been jailed.’

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The Guardian, 19th June 2021


Colin Pitchfork: Minister considers intervening over decision to release child killer – The Independent

Posted June 21st, 2021 in children, DNA, forensic science, lord chancellor, murder, news, parole by tracey

‘The Justice Secretary is considering intervening over the decision to approve the release of child killer Colin Pitchfork.’

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The Independent, 21st June 2021


Oil firm led by Tory donor investigated over alleged bribes in nine countries – The Guardian

Posted June 21st, 2021 in bribery, corruption, energy, miners, news, political parties, Serious Fraud Office by tracey

‘A multinational oil firm which was led by a major Conservative donor has been under investigation for allegedly paying million-pound bribes to secure contracts in nine countries. The anti-corruption agency the Serious Fraud Office (SFO) has been examining allegedly suspicious payments made by the UK-based firm Petrofac.’

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The Guardian, 20th June 2021