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06 May 2016
Issue: 7697 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Nouazli) v Secretary of State for the Home Department [2016] UKSC 16, [2016] All ER (D) 133 (Apr)

The Supreme Court dismissed an appeal by an Afghan national who became permanently resident in the UK through his marriage to a French citizen, and who had unsuccessfully contended before the Court of Appeal that his detention pending removal after serving a prison sentence had been unlawful and contravened Art 27(1) of the Parliament and Council Directive (EC) 2004/58. The court held that his detention had not been unlawful. Detention under reg 24(1) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), did not discriminate without lawful justification against European Economic Area nationals and their family members, and the absence of a time limit had not rendered the appellant’s detention unlawful under European Union law.

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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