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

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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