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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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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