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Law digests: 23 July 2021

23 July 2021
Issue: 7942 / Categories: Case law , In Court , Law digest
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Asylum

R (on the application of Mahmud) v Upper Tribunal and another [2021] EWCA Civ 1004, [2021] All ER (D) 40 (Jul)

In the context of ‘Test of English for International Communication’ (TOEIC) litigation, the appellant’s appeal against a decision of the Administrative Court refusing him permission to apply for judicial review of a decision the Upper Tribunal (Immigration and Asylum Chamber) (UT), refusing him permission to appeal against a decision of the First-tier Tribunal (FTT), would be dismissed. The Court of Appeal, Civil Division, held that, among other things, there was no arguable case, which had a reasonable prospect of success, of showing that the decision made by the UT had been wrong. TOEIC litigation was very fact-specific and the FTT had made a specific decision on the particular facts which could not sensibly be challenged.


Compensation

A and another v Criminal Injuries Compensation Authority and another [2021] UKSC 27, [2021] All ER (D) 33 (Jul)

Excluding the appellant victims of human trafficking from compensation under the 2012 iteration

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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