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11 May 2012
Issue: 7513 / Categories: Case law , Law digest
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Immigration

AA (Somalia) v Entry Clearance officer (Addis Ababa) [2012] EWCA Civ 563, [2012] All ER (D) 06 (May)

On the true construction of the Immigration Rules (HC 251) (the Rules) para 6 and therefore para 309A applied to para 352D. The interpretation plainly set out exhaustively who was to be regarded for the purpose of the Rules as an “adoptive parent” and there was nothing in either para 6 or in para 352D that indicated a contrary intention for the purpose of entry clearance applications under para 352D. That interpretation did not create a lacuna as Art 8 of the European Convention on Human Rights was open to applicants in appropriate cases. There was no proper basis for saying that there could be some notion of adoption applicable to entry clearance applications under para 352D of the Rules which operated separately from and outside the meaning otherwise given to it for the other purposes of the Rules. The interpretation to be applied under para 6 of the Rules to “adoption” itself expressly brought into play, unless the contrary intention appeared, the requirements of para 309A of the Rules. Although

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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