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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

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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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NEWS
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NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
NLJ this week: 40% penalty for coercive control
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
NLJ this week: Mbappé row spotlights ‘ethics bonuses’
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
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