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12 April 2013
Issue: 7555 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Nagre) v Secretary of State for the Home Department [2013] EWHC 720 (Admin), [2013] All ER (D) 15 (Apr)

There was full coverage of an individual’s rights under Art 8 of the Convention in all cases by a combination of the new immigration rules (as set out in the Statement of Changes laid on 13 June 2012 (HC 194)) and under the secretary of state’s residual discretion to grant leave to remain outside the Rules. Consequent upon that feature of the overall legal framework, there was no legal requirement that the new rules themselves provided for leave to remain to be granted under the Rules in every case where Art 8 of the Convention gave rise to a good claim for an individual to be allowed to remain. That had always been the position in relation to the operation of the regime of immigration control prior to the introduction of the new rules, and the introduction of the new rules had not changed those basic features of the regime

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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