The Implications of the Court of Appeal’s Judgment on ‘Family Life’ for the Government’s Immigration Proposals – UK Constitutional Law Association

Posted December 11th, 2025 in news by Simon

‘On 27 November 2025 the Court of Appeal handed down its judgment in IA v SHHD [2025] EWCA Civ 1516 clarifying the correct test to be used when determining whether there is ‘family life’ in immigration cases. The Court of Appeal followed the consistent line of case law from the European Court of Human Rights in stating that in cases not concerning the core family, family life will only be established where there are additional elements of dependence, involving more than the normal emotional ties. This is well-established doctrine. The judgment is, however, significant as the earlier tribunal decisions in IA have played a critical role in influencing policy making in respect of immigration and human rights law.’

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UK Constitutional Law Association, 10th December 2025

Source: ukconstitutionallaw.org

The Thorny Issue of Pension Liberation – Pensions Barrister

Posted December 11th, 2025 in news by Simon

Allison Wu of Wilberforce Chambers looks at Brambles Administration Ltd v Harvey, an appeal from a Pensions Ombudsman determination involving pension liberation which considers the time limits for bringing complaints, the test for dishonesty and contributory negligence.

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Pensions Barrister, 11th December 2025

Source: www.pensionsbarrister.com

Analytical rigour in Article 8 immigration appeals – Administrative Court Blog

Posted December 11th, 2025 in news by Simon

‘Less than two weeks after it handed down judgment in the Home Secretary’s successful Gaza family reunion appeal, the Court of Appeal has reiterated the need for courts to “accord appropriate weight to immigration policy” and adopt “analytical rigour” in deciding Article 8 immigration appeals. The case is Sofian Majera v Secretary of State for the Home Department [2025] EWCA Civ 1597.’

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Administrative Court Blog, 10th December 2025

Source: administrativecourtblog.wordpress.com

Mother’s use of AI in family case ‘entirely understandable’, CoA finds – Law Society Gazette

Posted December 11th, 2025 in news by Simon

‘A mother has been absolved by the Court of Appeal of any intention to mislead the court after her ‘erroneous’ authority citation in a family court case.’

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Law Society Gazette, 11th December 2025

Source: www.lawgazette.co.uk

CPS ‘retention policy’ leaves judge in dark over abuser’s previous convictions – Law Society Gazette

Posted December 11th, 2025 in news by Simon

‘A Crown court judge has expressed surprise after a prosecutor said they could not give details of a domestic abuser’s previous conviction because it had been deleted under a CPS “retention policy”.’

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Law Society Gazette, 11th December 2025

Source: www.lawgazette.co.uk

National Iranian Oil Company v Retirement, Savings and Welfare Fund of Oil Industry Workers v Crescent Gas Corporation Limited [2025] EWCA Civ 211 and Its Implications for TLATA Cases – Financial Remedies Journal

Posted December 11th, 2025 in news by Simon

‘The Court of Appeal confirms that a declaration of trust respecting land or any interest therein requires the personal signature of the settlor, not a third party on their behalf. This has implications where it is alleged a trust of land has arisen by virtue of an express declaration of trust.’

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Financial Remedies Journal, 10th December 2025

Source: financialremediesjournal.com

Starmer and hardline governments risk creating ‘hierarchy of people’ by constraining human rights – The Guardian

Posted December 11th, 2025 in news by Simon

‘Keir Starmer and Europe’s hardline governments risk creating a “hierarchy of people” as they seek to address migration by curbing fundamental rights, Europe’s most senior human rights official has said.’

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The Guardian, 10th December 2025

Source: www.theguardian.com

Family of man murdered by wife call for law change – BBC News

Posted December 11th, 2025 in news by Simon

‘The family of a man murdered by his estranged wife are calling for new laws governing who has rights over a victim’s body.’

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BBC News, 11th December 2025

Source: www.bbc.co.uk

Man jailed over murder captured on doorbell camera – BBC News

Posted December 11th, 2025 in news by Simon

‘A man has been handed a life sentence after murdering a father in a stabbing.’

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BBC News, 10th December 2025

Source: www.bbc.co.uk

Vos eyes machine-made decisions for property disputes – Legal Futures

Posted December 10th, 2025 in news by Simon

‘Many property disputes “could be amenable to machine-made decision-making” in the future, the Master of the Rolls (MR) has predicted.’

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Legal Futures, 10th December 2025

Source: www.legalfutures.co.uk

Common Law Post-ECHR: What Lord Briggs’ Anniversary Lecture Tells Us – UK Constitutional Law Association

Posted December 10th, 2025 in news by Simon

‘At the 25th Anniversary Conference of the Human Rights Act, Lord Briggs of Westbourne delivered a lecture that quietly advanced a vision of what a post-HRA constitutional framework might look like. Delivered at a moment when political discussion of withdrawal from the European Convention on Human Rights has gained real momentum, the speech did more than merely commemorate the Human Rights Act 1998 (HRA). Titled, “25 Years of the Human Rights Act Protecting Human Rights: The Common Law as the Starting Point”, the analysis aimed to celebrate the Act and positioned the common law at the centre of domestic rights protection.’

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UK Constitutional Law Association, 9th December 2025

Source: ukconstitutionallaw.org

Whistling in the Wind – Kingsley Napley Employment Law Blog

Posted December 10th, 2025 in news by Simon

‘The Court of Appeal’s judgment in the important whistleblowing cases Wicked Vision and Barton Turns highlights the need for legislative reform of the UK’s outdated and ineffective rules on workplace whistleblowing.’

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Kingsley Napley Employment Law Blog, 9th December 2025

Source: www.kingsleynapley.co.uk

Migrants’ Rights Before the European Court of Human Rights – EIN Blog

Posted December 10th, 2025 in news by Simon

‘As we are celebrating the 75th anniversary of the European Convention on Human Rights (ECHR), the topic of migration stands at the center of concerns about the Convention’s state of health. In this blogpost adapted from my remarks at a Conference in the Federal Ministry for Justice and Consumer Protection, I argue that those attacking the European Court of Human Rights (ECtHR) for an over-reaching jurisprudence regarding migrants’ rights misconstrue the actual case law. It is worth looking back at the early landmark cases to understand that the interpretation of Article 3 in relation to expulsion and deportation cases developed cautiously. While a critique of the Court’s decisions is the legitimate task of legal scholarship, simplistic narratives about an activist Court fail to engage with its doctrinal stringency.’

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EIN Blog, 10th December 2025

Source: www.ein.org.uk

Family Life, Reunification and Article 8 ECHR: Parity Between Domestic Courts and Strasbourg – Administrative Court Blog

Posted December 10th, 2025 in news by Simon

‘On 11 November 2025, the Court of Appeal confirmed the applicable test for determining what constitutes “family life” for adults under Article 8 of the ECHR.  In doing so, it applied a fairly limited conception of family life, albeit one which largely comports with the Strasbourg case law. Inadvertently, this judgment also offers a response to certain political calls to limit the domestic effect of the Convention. The case is IA & Ors v Secretary of State for the Home Department [2025] EWCA Civ 1516.’

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Administrative Court Blog, 8th December 2025

Source: administrativecourtblog.wordpress.com

In depth: Removing barriers to administrative justice – Law Society Gazette

Posted December 10th, 2025 in news by Simon

‘Improving the quality of administrative decision-making is the most efficient and cost-effective way of removing barriers to justice, according to a report from the Administrative Justice Council.’

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Law Society Gazette, 9th December 2025

Source: www.lawgazette.co.uk

Online dispute resolution comes a step closer with draft procedure rules – Law Society Gazette

Posted December 10th, 2025 in news by Simon

‘The process of migrating the vast majority of civil court claims onto online dispute resolution platforms took another step this week with the release for consultation of draft procedure rules. The new “basic general rules” will be “far more simple and accessible” than the current Civil Procedure Rules, the master of the rolls, who chairs the Online Procedure Rule Committee (OPRC), said.’

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Law Society Gazette, 9th December 2025

Source: www.lawgazette.co.uk

Former police chief appointed to lead complaints service – Law Society Gazette

Posted December 10th, 2025 in news by Simon

‘An Iraq veteran and retired former police chief is the new leader of the legal ombudsman service, it has been announced. Phil Cain will take over as chief ombudsman next February after joining from the Gangmasters and Labour Abuse Authority, where he currently serves as executive director.’

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Law Society Gazette, 9th December 2025

Source: www.lawgazette.co.uk

Court of Appeal dismisses psychotherapist’s bid for family court anonymity – Law Society Gazette

Posted December 10th, 2025 in news by Simon

‘Judges have dismissed an appeal by a witness seeking anonymity in a family court judgment, stating that a witness of fact will “generally have no legitimate ground of appeal in respect of adverse findings contained in a judgment”.’

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Law Society Gazette, 10th December 2025

Source: www.lawgazette.co.uk

Bundle of Joy: New Practice Direction on Bundles, Position Statements etc., Effective 2 March 2026 – Financial Remedies Journal

Posted December 10th, 2025 in news by Simon

‘Practice Guidance Update No. 6 of 2025 contains amendments to a range of existing FPR PDs, including a comprehensive re-writing of PD 27A, which started life as the “Bundles Direction”.’

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Financial Remedies Journal, 9th December 2025

Source: financialremediesjournal.com

Standing up for lawyers – Counsel

Posted December 10th, 2025 in news by Simon

‘In January 2025, the Bar Council marked the International Day of the Endangered Lawyer by highlighting that some barristers in England and Wales have face threats, harassment, and intimidation at the hands of state and non-state actors because of their international legal work.’

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Counsel, 8th December 2025

Source: www.counselmagazine.co.uk