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29 July 2022
Issue: 7989 / Categories: Case law , In Court , Law digest
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Law digests: 29 July 2022

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Immigration

Secretary of State for the Home Department v Akter and others [2022] EWCA Civ 741, [2022] All ER (D) 80 (May)

The Court of Appeal, Civil Division, allowed the Secretary of State’s appeal against a decision of the Upper Tribunal (Immigration and Asylum) (UT) to allow the Bangladeshi respondent’s appeal against the appellant’s decision to refuse her art 8 European Convention on Human Rights claim for leave to remain on the basis that, in order to extend her previous Tier 4 student visa, she had provided a Test of English for International Communication (TOEIC) certificate which had been obtained by a proxy. The UT had held that the First Tier Tribunal had failed to engage with the All-Party Parliamentary Group report on the TOEIC (the APPG report). The court held that the decision in DK and RK (ETS: SSHD evidence, proof) India [2022] All ER (D) 107 (Mar), which was not inconsistent with Alam v Secretary of State for the Home Department [2021] All ER (D) 79 (Oct), had authoritatively addressed

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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