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Can a law change the facts?

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You say refoulement, I say refinement…Let’s call the whole thing off! Malcolm Bishop KC & Dr Satvinder Juss

Lawyers now have a new word, courtesy of the Supreme Court—‘refoulement’. Well known of course to immigration lawyers, but a rather strange concept to the rest of us, sounding a bit foreign and French even, and so to be treated with caution. But the Rwandan case has opened our eyes to this important concept. We have learnt that non-refoulement is a fundamental principle of international law. It forbids a country receiving asylum seekers from returning them to a country in which there would be ‘a reasonable likelihood’ of their being at risk of persecution based on ‘race, religion, nationality, membership of a particular social group or political opinion’. The unanimous decision of the Supreme Court was that there was a substantial risk of illegal immigrants to the UK after transportation to Rwanda being sent back to their country of origin and thereby being at risk or ill-treatment,

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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