Revival of section 3C leave approved by Court of Appeal – EIN Blog

‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’

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EIN Blog, 13th September 2021


Dwyer we not able to terminate our contract for COVID-19? – Practical Law: Construction Blog

Posted September 14th, 2021 in contracts, coronavirus, news by tracey

‘Since the COVID-19 pandemic began, a key question for practitioners has been whether COVID-19 constitutes a force majeure event and so entitles parties to relief under contracts that include force majeure provisions. Much has been written on how little case law there is on this topic and how English law does not recognise force majeure as a standalone concept.’

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Practical Law: Construction Blog, 8th September 2021


Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred? – Practical Law: Construction Blog

Posted September 14th, 2021 in amendments, civil procedure rules, construction industry, limitations, news by tracey

‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’

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Practical Law: Construction Blog, 7th September 2021


Recent Statutory Instruments –

Posted September 14th, 2021 in legislation by tracey

SI 2021/1028 – The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021

SI 2021/1022 – The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2021

SI 2021/1020 – The Gender Recognition (Disclosure of Information) (England and Wales) Order 2021

SI 2021/1019 – The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Coronavirus) (Amendment) Regulations 2021

SI 2021/1011 – The Customs (Safety and Security Procedures) Regulations 2021

SI 2021/1010 – The Promoters of Tax Avoidance Schemes (Prescribed Circumstances under Section 235) (Amendment) Regulations 2021

SI 2021/1009 – The National Lottery (Revocation and Amendment) Regulations 2021

SI 2021/1007 – The Immigration (Disposal of Property) (Amendment) Regulations 2021

SI 2021/1005 – The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2021

SI 2021/991 – The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021

SI 2021/990 – The Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021

SI 2021/980 – The Tax Avoidance Schemes (Information) (Amendment) Regulations 2021

SI 2021/1030 – The Tonnage Tax (Training Requirement) (Amendment etc.) Regulations 2021

SI 2021/1029 – The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) Regulations 2021

SI 2021/1023 – The Value Added Tax (Treatment of Transactions) (Revocation) Order 2021

SI 2021/1004 – The Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 (Commencement) Regulations 2021

SI 2021/1033 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 11) Regulations 2021

SI 2021/1031 – The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021

SI 2021/1036 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 22) Order 2021


BAILII: Recent Decisions

Posted September 14th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

C (A Child) (Abduction: Article 13(b)) [2021] EWCA Civ 1354 (10 September 2021)

The Secretary of State for Work And Pensions v Akhtar [2021] EWCA Civ 1353 (10 September 2021)

Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 (09 September 2021)

High Court (Administrative Court)

Udriste v Court of Trieste (Italy) [2021] EWHC 2476 (Admin) (09 September 2021)

High Court (Chancery Division)

Colliver v Papworth & Anor [2021] EWHC 2465 (Ch) (10 September 2021

Fenton Whelan Ltd v Swan Campden Hill Ltd [2021] EWHC 2470 (Ch) (09 September 2021)

Clyne v Conlon & Ors [2021] EWHC 2444 (Ch) (10 September 2021)

High Court (Commercial Court)

CHEP Equipment Pooling BV v ITS Ltd & Ors [2021] EWHC 2485 (Comm) (10 September 2021)

High Court (Family Division)

MZ v RZ (Hague Convention 1996. Habitual Residence. Inward Return) [2021] EWHC 2490 (Fam) (06 September 2021)

High Court (Queen’s Bench Division)

Trebisol Sud Ouest SAS & Anor v Berkley Finance Ltd & Ors [2021] EWHC 2494 (QB) (13 September 2021)


Judge hands down ruling on children under 16, deprivations of liberty and inherent jurisdiction after amendment of statutory scheme for placements – Local Government Lawyer

Posted September 14th, 2021 in children, deprivation of liberty safeguards, jurisdiction, local government, news by tracey

‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2021


Insight: Is turning back migrants at sea compatible with international law? – House of Commons Library

Posted September 14th, 2021 in asylum, human rights, immigration, international law, news, treaties, United Nations by tracey

‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’

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House of Commons Library, 13th September 2021


Angry and despairing criminal Bar to “draw a line in the sand” – Legal Futures

Posted September 14th, 2021 in barristers, coronavirus, criminal justice, news by tracey

‘The “prevailing mood” among criminal defence barristers is one of “visceral anger and despair” and it is time to draw a line in the sand, the new chair of the Criminal Bar Association warned yesterday.’

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Legal Futures, 14th September 2021


New guidelines published for legal professionals practising within the Coroners’ Courts – Bar Standards Board

Posted September 14th, 2021 in bereavement, coroners, legal profession, news, press releases, standards by tracey

‘The Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation have today published new guidance designed to ensure standards for solicitors, barristers and CILEX Advocates working in the Coroners’ Courts.’

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Bar Standards Board, 13th September 2021


QC report accuses City firm of acting with conflict of interest – Law Society’s Gazette

Posted September 14th, 2021 in conflict of interest, law firms, news, reports, surveyors by tracey

‘General counsel and a City firm have come under repeated criticism in a damning report into governance issues at the Royal Institution of Chartered Surveyors.’

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Law Society's Gazette, 13th September 2021


Foot fetish man avoids jail for 1,263 nuisance calls to NHS 111 – The Independent

‘A foot fetishist who made more than a thousand calls to the NHS’s 111 service to ask the call handlers about their feet has been convicted and fined.’

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The Independent, 14th September 2021


Government says discrimination against black people and Travellers ‘objectively justified’ with new laws – The Independent

‘Discrimination against black people and Gypsy, Roma and Traveller communities in a controversial suite of new laws is “objectively justified”, the government has claimed.’

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The Independent, 13th September 2021


Police launch legal action against government amid row over pensions and pay freeze – The Independent

Posted September 14th, 2021 in judicial review, news, pensions, police, remuneration by tracey

‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’

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The Independent, 14th September 2021


Bristol masseur jailed for sexually assaulting clients – BBC News

Posted September 14th, 2021 in news, sentencing, sexual offences by tracey

‘A masseur has been jailed after sexually assaulting four women while giving them naked massages.’

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BBC News, 13th September 2021