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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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MOVERS & SHAKERS

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Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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