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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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