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20 November 2015
Issue: 7677 / Categories: Case law , Law digest , In Court
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EU

SM (Algeria) v Entry Clearance Officer, UK Visa Section [2015] UKPC 45, [2015] All ER (D) 124 (Nov)

The Court of Appeal, Civil Division, allowed an appeal by the entry clearance officer against a decision of the Upper Tribunal (Immigration and Asylum Chamber) that had determined that a child adopted in Algeria was an “extended family member” within the meaning of reg 8 of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), and therefore entitled to be issued with an EEA family member permit to enter the UK. The court held that she was not a family member within the meaning of Art 2 of Parliament and Council Directive (EC) 2004/38 and reg 7 of the Regulations and, consequently, she did not fall within Art 3 of the Directive read together with reg 8 of the Regulations.

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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