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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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