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23 March 2012
Issue: 7506 / Categories: Case law , Law digest , In Court
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Immigration

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260, [2012] All ER (D) 88 (Mar)

It was established that the service of a notice under s 120 of the Nationality, Immigration and Asylum Act 2002 was in the discretion of the secretary of state. He was not obliged to take that step and would presumably do so only if he was content that the tribunal should consider any matters put forward in response to it. Although good and efficient administration was furthered by the service of a s 120 notice, that was not a good or sufficient reason to do violence to the statutory wording and impose a duty where Parliament had clearly not done so. As the secretary of state was not under a duty to serve a s 120 notice the fact that he did not do so could not render an immigration decision unlawful. An applicant on whom no s 120 notice had been served could not raise before the tribunal any ground for the grant of leave to remain different from that

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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