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02 February 2024
Issue: 8057 / Categories: Case law , In Court , Law digest
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Law digests: 2 February 2024

Deportation

Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18, [2024] All ER (D) 83 (Jan)

The Court of Appeal, Civil Division, allowed the appellant Secretary of State’s appeal from a decision of the Upper Tribunal (UT) which had dismissed its appeal and concluded that the First-tier Tribunal (FtT) made no error of law. The appellant sought to deport the respondent, an EU citizen who had committed serious sexual offences in the UK. The FtT and UT concluded that the respondent’s removal from the UK would infringe his rights under the EU Treaties as implemented by the Immigration (European Economic Area) Regulations 2016 (the 2016 Regulations) and his right to respect for private and family life under art 8 of the European Convention on Human Rights (ECHR). The appellant alleged that the: (i) FtT had erred in law by misapplying the 2016 Regulations; and (ii) the judge wrongly treated the issue of proportionality arising under art 8 of the ECHR as identical to the one arising under

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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