header-logo header-logo

02 February 2024
Issue: 8057 / Categories: Case law , In Court , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll