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13 August 2010
Issue: 7430 / Categories: Case law , Law digest
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Immigration

TR v Asylum and Immigration Tribunal [2010] EWHC 2055 (Admin), [2010] All ER (D) 35 (Aug)

The test to be applied when a decision had to be made about whether to extend time under r 10 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230) was whether the duty judge of the tribunal was satisfied that, by reason of special circumstances, it would be unjust not to extend time. The tribunal should apply the guidelines set out in BO and others (Extension of time for appealing) (Nigeria) [2006] UKIAT 00035 in considering every extension of time application.

Consequently, any judicial review challenge to an extension of time decision had to consider, as its starting point, the question of whether the guidelines were followed. The guidelines emphasised that any failure or shortcoming of a legal practitioner that had contributed to a delay in appealing had to be considered. Therefore, any practitioner involved in an extension of time application had a duty of candour to the tribunal in providing a full explanation and disclosure of any shortcomings he was

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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