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25 January 2007
Issue: 7257 / Categories: Case law , Law digest
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Immigration

DK (Serbia) v Secretary of State for the Home Department [2006] EWCA Civ 1747, [2006] All ER (D) 312 (Dec)

The Court of Appeal gave guidance about the scope of a reconsideration by the Asylum and Immigration Tribunal of its own decisions under s 103A of the Nationality, Immigration and Asylum Act 2002, and the procedure to be adopted:

(i) It should normally be restricted to those grounds upon which the immigration judge ordered reconsideration, and any point which properly falls within the category of an obvious or manifest point of European Convention on Human Rights jurisprudence. It will be the exception, rather than the rule, that a tribunal will permit other grounds to be argued.

(ii) A body asked to reconsider a decision on the ground of any identified error of law approaches its reconsideration on the basis that any factual findings and conclusions arising from those findings which are
unaffected by the error of law need not be revisited.

(iii) Reconsideration should be dealt with at one hearing, unless good reason is shown to the contrary.

Issue: 7257 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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