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15 November 2007
Issue: 7297 / Categories: Case law , Law digest
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IMMIGRATION

AA (Somalia) v Secretary of State for the Home Department [2007] EWCA Civ 1040, [2007] All ER (D) 395 (Oct)

The guidelines in Devaseelan v Secretary of State for the Home Department [2003] Imm AR 1 as to how a decision-maker in an asylum and human rights appeal should approach the findings of fact made by a previous decision-maker in the same case, is also applicable to cases involving different claimants where the claims involve materially overlapping evidence and arise out of the same factual matrix:

(i) the first adjudicator’s determination should always be the starting point;

(ii) facts personal to the claimant which were not brought to the first adjudicator’s attention should be treated with great circumspection;

(iii) if facts before the second adjudicator are not materially different from those put to the first adjudicator, and the claim was supported by essentially the same evidence, the second adjudicator should regard the issues as settled by the first adjudicator’s determination; and

(iv) the force of the reasoning underlying (ii) and (iii) is much reduced if there is a good reason why the claimant’s failure to adduce relevant evidence before the first adjudicator should not be held against him. Where the second appeal is by a different, albeit closely connected, party the second tribunal might be more readily persuaded that there was a good reason to revisit the earlier decision.
 

Issue: 7297 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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