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

J1 v Secretary of State for the Home Department [2013] EWCA Civ 279, [2013] All ER (D) 283 (Mar)

It was established law that: (i) in cases where the claimant sought asylum or a right to remain in the UK on human rights grounds, the court or tribunal had to determine that claim on the basis of current evidence; (ii) where the claim was based upon dangers confronting the claimant in their home state, that determination involved an assessment of what would happen, or what there was a real risk of happening, in the future; (iii) in determining the claim the court or tribunal would take into account any undertaking or assurance given by the secretary of state, in so far as it was relevant to the issues under consideration; (iv) such an assurance or undertaking could not cut down the legal protection to which the claimant was entitled; (v) if the route or method of return was unknown, the court or tribunal might in appropriate cases leave that matter for later decision by the secretary of state,

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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