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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

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
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