Immigration Practitioners may find this article useful which is my analysis of the recent Court of Appeal decision in Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 concerning retained rights of residence and at what point a person must show that their former spouse was more...

The decision of the President in MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) is helpful in cases concerning 7 year children and it should be cited by practitioners in applications and appeals. The President emphasises the need for ‘powerful more...

In Mansur (immigration adviser’s failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC) the President gives guidance as to if and when poor immigration advice can impact the public interest in an Article 8 claim. The head note reads as follows: (1) Poor professional immigration advice or other more...

Yip J had to turn her mind to this question in the case of Saunders -v- Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). The claimant brought a clinical negligence claim alleging there had been a failure to reverse an ileostomy during surgery resulting in his colon more...

I recently produced an Immigration Case Law review covering the first half of 2018. You can download it as a free PDF here. The review will provide practitioners with a handy guide to the key cases of the year so far in this fast moving area of law. more...

This piece was first published on The Secret Barrister on 16/8/18. This is one of those posts carrying a title which I genuinely had no intention nor desire to write. It is also, I make plain at the outset, rampant clickbait, as I, like 7 billion other people who were not present for the duration of more...

How far does the duty of care owed by schools to pupils extend? We were all familiar with the shouts of ‘WALK! Don’t run’ from teachers as we careered around school corridors. But can failure to echo this stern warning amount to a breach of duty? The High Court turned its mind to the issue in Pook v more...

Over recent months I have been trying to rely on §276ADE(1)(vi) in a greater number of cases. Below are some helpful quotes from pages 57-60 of the SSHD’s guidance which will help you in successfully arguing it in applications and appeals: Very significant obstacles will exist where the applicant more...

A Paper for the PLA Northern Training Day - 6 June 2018 Introduction 1. This paper singles out 10 possible problems that may be encountered in working with the new Electronic Communications Code (“the New Code”), which came into force on 28 December 2017. 2. I first set the historical scene; then more...

With the tennis, the world cup, President Trump’s visit, the heatwave and the endless Brexit drama, it may have escaped you that on 9 June 2018 the Trade Secrets (Enforcement, etc) Regulations 2018 came into force. Here’s a quick summary of what you need to know when dealing with the errant employee more...

This piece was first published on Nick Diable's blog Historia Legis on 6/7/18. Everybody, at some point in their life, sees ways in which society can be changed to make life better for themselves and others. Bringing a legal challenge in the courts is one way in which ordinary citizens can bring more...

In TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) the Court of Appeal gave guidance in relation to Article 8 and the Immigration Rules in the context of relationships formed with a British citizen at a time when a person’s immigration more...

Here are the head notes from some recent reported UT IAC decisions. They cover a number of important topics and are worth reading to keep yourself up to date with the latest developments. I have included the bailii links to the full decisions. AZ (error of law: jurisdiction; PTA practice) [2018] more...

This guidance (see page 40) is helpful in challenging EEA marriage of convenience decisions from the SSHD: If the applicant attends the marriage interview, you must consider: • the answers they gave during their interviews • the evidence that led to doubts about the reasons for entering into the more...

This piece was first published on The Secret Barrister on 2/8/2018. This will be (for now) my last word on the Tommy Robinson appeal. My legal analysis based on the facts as we now know them deals exhaustively and exhaustingly with the law; my reflections at the conclusion of that piece on whether I more...

Craig Richardson, 31, from Wrexham was given a suspended prison sentence for dealing cocaine, after the court accepted he was dealing to a relatively small number of people over a short period of time. The case had also taken 16 months to reach the Crown Court and in the intervening period, Mr more...

Further to our news article from February Re A-F [2018] EWHC 138 (FAM) Sir James Munby has handed down judgment in the second part of the Deprivation of Liberty test cases Re A-F (Children) (No.2). Frances Heaton QC and Kate Burnell were instructed for the Children’s Guardians and Shaun Spencer for more...

FromCounsel is publishing a new series of Current Awareness monthly features. The ‘What’s Happened’ series will set out, by subject, an overview of the key events and developments for corporate lawyers that took place during the previous month. The first in the series is ‘What’s Happened: July 2018’ more...

Paul Waterworth Retired District Judge, Associate at Magdalen Chambers, Exeter and Member of their Financial Resolution Consultancy In his final announcement, the recently retired President of the Family Division of the High Court, Sir James Munby, referred to a development which is playing an more...

https://www.lawgazette.co.uk/practice/courts-to-test-fast-track-entry-for-lawyers/5067219.article more...