Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog

Posted November 27th, 2023 in appeals, asylum, deportation, government departments, immigration, news, violence by tracey

‘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.’

Full Story

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

Posted November 27th, 2023 in dispute resolution, enforcement, foreign jurisdictions, news by tracey

‘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.’

Full Story

OUT-LAW.com, 24th November 2023

Source: www.pinsentmasons.com

Lewis Graham: On Ouster Clauses (Again) – UK Constitutional Law Association

Posted November 27th, 2023 in constitutional law, Crown Court, indictments, judicial review, news, sentencing by tracey

‘When we think of the most important ouster clauses in the law of judicial review, we might think of the relevant parts of the Foreign Compensation Order considered in Anisminic, or section 67(8) the Regulation of Investigatory Powers Act, crucial to the decision in Privacy International. We might consider section 2 of the Judicial Review and Courts Act, restricting Cart-type reviews. Or we might look to provisions in the recently-passed Illegal Immigration Act and forthcoming Victims and Prisoners Bill, which purport to shield the respective legislation from certain kinds of review under the Human Rights Act.’

Full Story

UK Constitutional Law Association, 23rd November 2023

Source: ukconstitutionallaw.org

Minimum service levels update – major change to UK trade union law – Local Government Lawyer

Posted November 27th, 2023 in employment, industrial action, local government, news, trade unions by tracey

‘Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.’

Full Story

Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling. – Local Government Lawyer

‘Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling.’

Full Story

Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Permitted development and the Habitats Regulations 2017 – Local Government Lawyer

‘Anne Gerzon explains how the Conservation of Habitats and Species Regulations 2017 apply to the deemed grant of planning permission set out in the General Permitted Development Order 2015.’

Full Story

Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Leading firm fined £101,000 for anti-money laundering failures – Legal Futures

Posted November 27th, 2023 in fines, law firms, money laundering, news, solicitors, Solicitors Regulation Authority by tracey

‘A leading South-West law firm has been fined £101,357 for failing to act over money laundering red flags on three property transactions, two of which may have involved a sanctioned entity.’

Full Story

Legal Futures, 27th November 2023

Source: www.legalfutures.co.uk

People smugglers ordered to pay over £280,000 from criminal profits in the Essex lorry deaths case – Crown Prosecution Service

‘A convicted people smuggler, responsible for the manslaughter of 39 people who died in the back of a lorry in Essex, has today (24 September 2023) been ordered to pay a total of £65,157.65 to victims’ families through a Confiscation Order made by the court today.’

Full Story

Crown Prosecution Service, 24th November 2023

Source: www.cps.gov.uk

MoJ says it is working on making court records more accessible following MP’s outrage at £7,500 bill – Law Society’s Gazette

Posted November 27th, 2023 in bills, criminal justice, judgments, Ministry of Justice, news, victims by tracey

‘Ministry of Justice officials are working on ways to make transcripts of court proceedings available to victims of crime, a minister has revealed. But, speaking in parliament last week, Mike Freer MP did not respond to calls for immediate legislation to make this possible.’

Full Story

Law Society's Gazette, 26th November 2023

Source: www.lawgazette.co.uk

Solicitors Regulation Authority wins appeal against Solicitors Disciplinary Tribunal costs order – Law Society’s Gazette

‘A judge has overruled the Solicitors Disciplinary Tribunal’s decision to slash the Solicitors Regulation Authority’s costs claim in a strike-off case. The regulator had sought £22,800 in the case last January but the tribunal awarded only £5,000.’

Full Story

Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

Ministers to appoint adviser to support disaster victims in England and Wales – The Guardian

Posted November 27th, 2023 in accidents, bills, emergency services, government departments, news, victims by tracey

‘Ministers are to appoint a permanent independent adviser to provide support for victims of major disasters in England and Wales.’

Full Story

The Guardian, 27th November 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 24th, 2023 in legislation by tracey

SI 2023/1253 – The African Swine Fever (Import Controls) (Amendment) (England) Order 2023

SI 2023/1247 – The Non-Domestic Rating (Heat Networks Relief) (England) Regulations 2023

SI 2023/1246 – The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023

SI 2023/1231 – The Payments to the Churches Conservation Trust Order 2023

SI 2023/1251 – The Non-Domestic Rating (Consequential and Other Amendments etc.) (England) Regulations 2023

SI 2023/1250 – The Non-Domestic Rating (Small Business Rate Relief) (England) Regulations 2023

SI 2023/1248 – The Non-Domestic Rating Act 2023 (Commencement No. 1 and Saving Provision) (England) Regulations 2023

Source: www.legislation.gov.uk

Applicable law for construction and engineering contracts: constraints on freedom of choice – OUT-LAW.com

Posted November 24th, 2023 in construction industry, contracts, interpretation, news by tracey

‘Choosing which law should govern construction and engineering contracts – i.e., the “applicable”, “proper” or “governing” law – impacts how those contracts will be interpreted.’

Full Story

OUT-LAW.com, 23rd November 2023

Source: www.pinsentmasons.com

Is an Artificial Neural Network a computer programme ineligible for patent protection? – UK Human Rights Blog

‘This fascinating case is imperative reading for anyone not computer literate who wishes to understand the concept of an Artificial Neural Network. In recent times the courts have had to grapple with the difficulties of this concept in relation to traditional computers and software. This appeal raised new questions because it involved deciding whether the use of an aspect of Artificial Intelligence, namely an Artificial Neural Network (“ANN”), in the circumstances of this case, fell under section 1(2)(c) of the Patents Act 1977 which excludes from patent protection “a program for a computer … as such”..’

Full Story

UK Human Rights Blog, 23rd November 2023

Source: ukhumanrightsblog.com

Modernised laws to secure UK as world leader in dispute resolution – Ministry of Justice

Posted November 24th, 2023 in arbitration, bills, dispute resolution, London, news by tracey

‘The UK’s status as a multi-billion-pound global leader in arbitration services will be secured by new legislation introduced to Parliament on 21 November 2023.’

Full Story

Ministry of Justice, 22nd November 2023

Source: www.gov.uk

MPs launch inquiry into lengthening probate delays – Legal Futures

Posted November 24th, 2023 in complaints, delay, HM Courts Service, inquiries, news, select committees by tracey

‘MPs have launched an inquiry into probate in the wake of mounting concern about how long the process is taking, with HM Courts & Tribunals Service (HMCTS) admitting to rising levels of complaints.’

Full Story

Legal Futures, 24th November 2023

Source: www.legalfutures.co.uk

Tribunal approves first post-PACCAR litigation funding agreement – Legal Futures

Posted November 24th, 2023 in appeals, class actions, competition, damages, news by tracey

‘The Competition Appeal Tribunal (CAT) has approved a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR.’

Full Story

Legal Futures, 24th November 2023

Source: www.legalfutures.co.uk

Man jailed for gross negligence manslaughter after death of David Haw in boat collision – Crown Prosecution Service

‘A boat skipper has been jailed after a man was killed when the vessel he was steering crashed into a buoy at high-speed.’

Full Story

Crown Prosecution Service, 21st November 2023

Source: www.cps.gov.uk

Speech by the Lady Chief Justice: Civil Justice Council’s 12th National Forum – Courts and Tribunals Judiciary

Posted November 24th, 2023 in civil justice, judges, news, speeches by tracey

‘Speech by the Lady Chief Justice: Civil Justice Council’s 12th National Forum.’

Full speech

Full Story

Courts and Tribunals Judiciary, 20th November 2023

Source: www.judiciary.uk

Lecture by the Chief Coroner: Death and Taxes – the past, present and future of the coronial service – Courts and Tribunals Judiciary

Posted November 24th, 2023 in coroners, inquests, news, speeches by tracey

‘Lecture by the Chief Coroner: Death and Taxes – the past, present and future of the coronial service.’

Full speech

Full Story

Courts and Tribunals Judiciary, 23rd November 2023

Source: www.judiciary.uk