Barrister fined after doing Nazi salute in court – BBC News
‘A practising barrister has been fined after speaking in a German accent and raising his hand in a Nazi salute in court.’
BBC News, 28th November 2023
Source: www.bbc.co.uk
Category: news
Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog
‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’
EIN Blog, 27th November 2023
Source: www.ein.org.uk
Online Safety Act super-complaints process must not overwhelm Ofcom – OUT-LAW.com
‘The UK government must ensure that the way the new “super-complaints” process under the Online Safety Act is configured enables new risks and systemic issues across services to be addressed whilst guarding against the potential for overwhelming the regulator.’
OUT-LAW.com, 27th November 2023
Source: www.pinsentmasons.com
Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer
‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’
Local Government Lawyer, 27th November 2023
Source: www.localgovernmentlawyer.co.uk
Equal pay: recent challenges – Local Government Lawyer
‘When it comes to job evaluation schemes and equal pay claims, where does the risk lie and what can be done to mitigate it? Sarah Lamont and Charlotte Rose explain.’
Local Government Lawyer, 28th November 2023
Source: www.localgovernmentlawyer.co.uk
“Shamelessness” of SLAPPs has grown “but still no disciplinary action” – Legal Futures
‘The number and “shamelessness” of SLAPPs has grown but there has been no disciplinary action taken against the lawyers responsible for how they are run, a major conference was told yesterday.’
Legal Futures, 28th November 2023
Source: www.legalfutures.co.uk
Life sentence for Underfall Yard arsonist Boyd-Stevenson – BBC News
‘A serial arsonist has been jailed for life after starting a fire which destroyed a historic boatyard, causing millions of pounds worth of damage.’
BBC News, 27th November 2023
Source: www.bbc.co.uk
Greater Manchester Police ‘remains institutionally racist’ – BBC News
‘One of England’s biggest police forces remains “institutionally racist” and must do more to tackle the problem, a leading equality advisor has said.’
BBC News, 28th November 2023
Source: www.bbc.co.uk
Erosion of state immunity in spotlight as £37m salvage case reaches Supreme Court – Law Society’s Gazette
‘A Supreme Court case brought over silver salvaged from a wartime ship sinking could have consequences for the UK’s position as a global commercial hub, a specialist lawyer has warned. In Argentum v Republic of South Africa, five Supreme Court judges will consider the case for overturning a 2022 Court of Appeal judgment which critics say erodes the principle of state immunity from interference from foreign courts.’
Law Society's Gazette, 27th November 2023
Source: www.lawgazette.co.uk
Council rejects Jewish sect’s planning application that would finally allow them to travel on the London Underground – The Independent
‘A council has rejected a multi-million pound scheme from a Jewish religious sect that would have allowed its members to use the London Underground.’
The Independent, 27th November 2023
Source: www.independent.co.uk
British woman still married to ‘prominent’ Indonesian businessman – judge rules – The Independent
‘The estranged British wife of a “prominent” Indonesian businessman who wants a judge in England to decide how much she walks away with has won an initial round of a London divorce fight.
Deputy High Court Judge James Ewins has ruled that Monisha Mahtani, 49, is still married to husband Vivek Mahtani, 51, under English law.’
The Independent, 27th November 2023
Source: www.independent.co.uk
Stalking victims face ‘postcode lottery’, says coroner after Gracie Spinks killing – The Guardian
‘Stalking victims face a “postcode lottery” of support due to a lack of advocates in police forces across the UK, a coroner has said following the death of Gracie Spinks.’
The Guardian, 27th November 2023
Source: www.theguardian.com
Over 1,800 offenders to have indefinite jail sentences terminated, says MoJ – The Guardian
‘More than 1,800 offenders in England and Wales who have been released on licence but remain under indefinite threat of recall to jail are to have their sentences terminated.’
The Guardian, 28th November 2023
Source: www.theguardian.com
Modern slavery survivors ‘imprisoned for crimes they were forced to commit’ – The Independent
‘Survivors of modern slavery are being sent to prison for crimes they were forced to commit and not being identified for help, new research suggests.’
The Independent, 28th November 2023
Source: www.independent.co.uk
Ministers ‘drop plans’ to ban pupils changing gender but teachers won’t have to use pupils’ preferred pronouns – The Independent
‘Ministers have dropped plans to ban pupils from changing their gender identity in schools after being warned it would be illegal, it has been revealed.’
The Independent, 28th November 2023
Source: www.independent.co.uk
No more new investigations in Rotherham child abuse inquiry – BBC News
‘An inquiry into child abuse in Rotherham will not start any new investigations from next year, the National Crime Agency (NCA) said.’
BBC News, 28th November 2023
Source: www.bbc.co.uk
Kathleen Griffin: Grandmother killer’s release date pushed back – BBC News
‘The son of a woman who was stabbed to death said he was “over the moon” her killer will not be released this year.’
BBC News, 28th November 2023
Source: www.bbc.co.uk
Family of headteacher Ruth Perry refused legal aid for inquest into her death – The Guardian
‘The family of the headteacher Ruth Perry, whose death after a critical Ofsted inspection will be the subject of a high-profile inquest this week, have been refused legal aid to fund their representation just days before the hearing is due to start.’
The Guardian, 26th November 2023
Source: www.theguardian.com
Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog
‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’
EIN Blog, 27th November 2023
Source: www.ein.org.uk
UK to sign Hague Convention 2019 on cross-border enforcement of judgments – OUT-LAW.com
‘Businesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.’
OUT-LAW.com, 24th November 2023
Source: www.pinsentmasons.com
