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21 February 2014
Issue: 7595 / Categories: Case law , Law digest , In Court
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Immigration

Khan v Secretary of State for the Home Department [2014] All ER (D) 94 (Feb), [2014] EWCA Civ 88

Section 96(1) of the Nationality, Immigration and Asylum Act 2002 was directed to material that could have been raised, but had not been, on an actual or possible appeal against an earlier decision. On an appeal, the appellant relied upon his grounds of appeal and upon his evidence in support of such grounds. It was not surprising, therefore, to find that if a person had failed to appeal or had lost an appeal, he should not be permitted to adduce evidence that he could have relied upon on such an appeal, but had not.

Sub-sections (1) and (2) of s 96 of the Act dealt with different subjects and it was not surprising that Parliament should have used a flexible word such as “matter” to encompass the different material that might have been relied upon in each case. Nor was it surprising that when enacting the amended s 96 it had moved away from the word “ground” and had

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MOVERS & SHAKERS

Morr & Co—20 promotions

Morr & Co—20 promotions

Firm announces double-digit promotions, including two new partners

Switalskis—Jonathan Hyldon

Switalskis—Jonathan Hyldon

Head of commercial property appointed in Lincolnshire

Excello Law—Caroline Gray & Mick Hewitt

Excello Law—Caroline Gray & Mick Hewitt

Corporate and commercial property partners appointed in Manchester and Stoke

NEWS
Family law chambers 4PB has announced the return of the Alan Inglis Memorial Essay Prize for a third consecutive year, honouring the life and legacy of LGBTQ+ advocate and barrister Alan Inglis

A long-standing issue in family justice can now be resolved, thanks to recently launched charity the Separated Parenting Programme Directory (SPPD)

Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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