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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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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