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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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