SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal – EIN Blog

Posted February 20th, 2024 in criminal records, disclosure, drug offences, immigration, news by tracey

‘Secretary of State for the Home Department v Okafor [2024] EWCA Civ 23 (23 January 2024). The Court of Appeal has held that UT Judge Grubb’s decision to allow the appeal of Mr Okafor, a Nigerian citizen against the refusal of his leave to enter the UK under the EU Settlement Scheme, notwithstanding his previous conviction for serious drug offences and subsequent related disclosure failures when applying for leave to enter, disclosed no error of law that justified or permitted interference. The judge had considered the cumulative effect of all relevant matters and had not erred in concluding that the individual’s overall conduct did not fall within the exception in R v Bouchereau (Case 30-77) [1978] QB 732 such as to justify his exclusion on the basis that it represented a “genuine, present and sufficiently serious threat affecting one of the fundamental interests of society” under regulation 27(5)(c) of the Immigration (European Economic Area) Regulations 2016. Moylan, Stuart-Smith and Snowden LJJ dismissed the SSHD’s appeal and upheld UT Judge Grubb’s decision to allow Mr Okafor’s appeal against the cancellation and refusal of his leave to enter the UK. Mr Okafor was married to a Swedish national who had been granted indefinite leave to remain in the UK in 2019. He was granted entry clearance under the EUSS in July 2020. On his arrival in the UK in September 2020 with an EUSS family permit, he was refused admission on public policy grounds. His permit was revoked and his leave to enter cancelled under paragraph 321B of the Immigration Rules.’

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EIN Blog, 19th February 2024


Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis – UK Constitutional Law Association

Posted February 20th, 2024 in constitutional law, judicial review, judiciary, news, parliament, Supreme Court by tracey

‘In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a Government and Parliament increasingly willing to act with disregard for cardinal constitutional principles such as the rule of law and with certain judges’ growing outspokenness about their intention to resist further attacks on the country’s constitutional fundamentals, determining whether we are indeed in a constitutional crisis has gained great urgency. For if we are already in a crisis, then it may be necessary to take action to prevent the situation from spiralling out of control.’

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UK Constitutional Law Association, 20th February 2024


Ofcom rejects Brewdog complaint over BBC documentary – BBC News

Posted February 20th, 2024 in BBC, complaints, freedom of expression, media, news, privacy, public interest by tracey

‘A complaint by Brewdog about a BBC documentary that highlighted allegations of inappropriate behaviour against the beer giant’s chief executive has been rejected by Ofcom.’

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BBC News, 19th February 2024


Recent Statutory Instruments –

Posted February 20th, 2024 in legislation by tracey

SI 2024/148 – The Supreme Court Fees Order 2024

SI 2024/146 – The Road Vehicles (Type-Approval) (Amendment) Regulations 2024

SI 2024/159 – The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2024

SI 2024/164 – The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024

SI 2024/163 – The Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024

SI 2024/155 – The Registrar of Companies (Fees) (Amendment) Regulations 2024

SI 2024/153 – The Registrar of Companies (Fees) (Register of Overseas Entities) Regulations 2024

SI 2024/150 – The Communications (Television Licensing) (Amendment) Regulations 2024


BAILII: Recent Decisions

Posted February 20th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Newron Pharmaceuticals SPA v The Comptroller General of Patents, Trademarks And Designs [2024] EWCA Civ 128 (15 February 2024)

O (Description of Sexual Abuse) [2024] EWCA Civ 126 (15 February 2024)

Court of Appeal (Criminal Division)

Ali, R. v [2024] EWCA Crim 77 (09 February 2024)

High Court (Administrative Court)

Save Stonehenge World Heritage Site Ltd & Anor, R (On the Application Of) v Secretary of State for Transport [2024] EWHC 339 (Admin) (19 February 2024)

MA, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs & Anor [2024] EWHC 332 (Admin) (16 February 2024)

Lullington Solar Park Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor (Re Statutory Review under s.288 Town and Country Planning Act 1990) [2024] EWHC 295 (Admin) (16 February 2024)

MN, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 333 (Admin) (16 February 2024)

High Court (Chancery Division)

Allen & Anor v Sines Parks Holdings Ltd [2024] EWHC 327 (Ch) (19 February 2024)

Avon Cosmetics Ltd v Dalriada Trustees Ltd & Ors [2024] EWHC 317 (Ch) (19 February 2024)

Wells v Hornshaw & Ors [2024] EWHC 330 (Ch) (19 February 2024)

Moosa & Ors v Mawji [2024] EWHC 335 (Ch) (16 February 2024)

Loveridge v Povey & Ors (Rev2) [2024] EWHC 329 (Ch) (16 February 2024)

Wootton & Anor v Wootton & Ors (Re Costs) [2024] EWHC 325 (Ch) (16 February 2024)

Grosskopf v Grosskopf & Ors [2024] EWHC 291 (Ch) (16 February 2024)

Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) (15 February 2024)

High Court (Commercial Court)

Aston Martin Lagonda Ltd v Premier International Motors Group Co WLL [2024] EWHC 284 (Comm) (19 February 2024)

High Court (Family Division)

The Mother & Anor v Shropshire Council & Anor [2024] EWHC 344 (Fam) (19 February 2024)

A Hospital Trust v P & Ors [2024] EWHC 313 (Fam) (15 February 2024)

D (Parentage: Local Authority Application) [2024] EWHC 305 (Fam) (15 February 2024)

High Court (King’s Bench Division)

WFZ v The British Broadcasting Corporation (BBC) [2023] EWHC 343 (KB) (19 February 2024)

Woolley v Ministry of Justice [2024] EWHC 304 (KB) (16 February 2024)

Shovlin v Careless & Ors [2024] EWHC 324 (KB) (16 February 2024)

Smith v Clarke [2024] EWHC 322 (KB) (16 February 2024)


Government rejects major changes to SARs regime – Legal Futures

Posted February 20th, 2024 in government departments, Law Commission, money laundering, news by tracey

‘The Home Office has rejected changes proposed by the Law Commission almost five years ago, which would have introduced statutory guidance on the suspicious activity reports (SARs) made by professionals under the UK’s anti-money laundering regime (AML) regime.’

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Legal Futures, 20th February 2024


Dark web child abuse forum administrators jailed – Crown Prosecution Service

‘The second moderator of a dark web forum for sharing indecent pictures of children to be jailed within a week has today received five years and four months in prison.’

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Crown Prosecution Service, 19th February 2024


Civil case over £237m collapse of London Capital & Finance opens – with counsel leaving – Law Society’s Gazette

Posted February 20th, 2024 in barristers, fees, insolvency, legal representation, news, unfair commercial practices by tracey

‘Counsel for a defendant in a civil case concerning the £237m collapse of mini bond issuer London Capital & Finance excused themselves from court on the first hearing day this morning – stating that there was no prospect of their fees being paid.’

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Law Society's Gazette, 19th February 2024


Campaigners lose another challenge over Stonehenge tunnel plan – The Independent

Posted February 20th, 2024 in environmental protection, monuments, news, planning, roads by tracey

‘Campaigners have lost a High Court challenge over renewed plans to build a road tunnel near Stonehenge.’

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The Independent, 19th February 2024


Drug dealer first to be jailed for possessing laughing gas after ‘party bags’ found in car – The Independent

Posted February 20th, 2024 in drug offences, news, sentencing by tracey

‘A drug dealer caught with “party bags” containing canisters of laughing gas has become the first person to be jailed for possessing the drug since it was outlawed, the Crown Prosecution Service said.’

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The Independent, 19th February 2024


Ibrahima Bah: Dinghy pilot guilty over Channel migrant deaths – BBC News

Posted February 20th, 2024 in homicide, immigration, negligence, news, trafficking in human beings by tracey

‘A man who piloted a boat in the English Channel has been found guilty of the manslaughter of four migrants who drowned when it ran into difficulty.’

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BBC News, 19th February 2024


Baby formula milk investigated over high prices – BBC News

Posted February 20th, 2024 in children, competition, consumer protection, food, news by tracey

‘The UK infant formula market is under investigation after regulators said parents could be saving £500 in their baby’s first year.’

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BBC News, 20th February 2024


Royal Parks workers bring landmark case over race and equal pay – The Guardian

Posted February 20th, 2024 in contracting out, London, minimum wage, news, parks, race discrimination, remuneration by tracey

‘A group of toilet cleaners and attendants for London’s most famous parks could be about to make legal history in the court of appeal by arguing that their outsourced contracts amounted to indirect race discrimination.’

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The Guardian, 20th February 2024


UK special forces have power over Afghan sanctuary claims despite investigation into alleged SAS crimes – The Independent

Posted February 20th, 2024 in Afghanistan, armed forces, conflict of interest, inquiries, news, war crimes, witnesses by tracey

‘UK special forces have frustrated efforts by Afghan troops to gain sanctuary in Britain despite the fact that some of the Afghan soldiers could be witnesses to crimes allegedly committed by British units.’

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The Independent, 19th February 2024