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04 July 2025
Issue: 8123 / Categories: Legal News , Immigration & asylum , Criminal , National security , International
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NLJ this week: In hot water? Defending small boat pilots post-Borders Act

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Writing in NLJ this week, Aneurin Brewer of Red Lion Chambers offers a practical defence guide for small boat pilots charged under the Immigration Act 1971, as amended by the Nationality and Borders Act 2022

Brewer explains how the new offences—particularly s 24(D1) and s 25—have made it harder for asylum seekers to defend themselves, despite often being coerced into piloting. He highlights the importance of prosecutorial discretion and the potential for abuse of process arguments, especially where CPS guidance is ignored.

Brewer also explores the unusual mens rea in s 25(1)(b), arguing that genuine ignorance of the law may still offer a defence. With sentencing thresholds triggering deportation risks, many defendants are incentivised to plead to lesser charges.

Brewer’s analysis is essential reading for defence lawyers navigating this complex and politically charged area of law.

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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