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03 May 2024
Issue: 8069 / Categories: Legal News , Immigration & asylum , Public , Human rights , Constitutional law
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NLJ this week: How the courts may react to the Rwanda Act

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The Rwanda Act has placed the courts in unprecedented territory, so what happens next? Lord Carter of Haslemere, consultant at Kingsley Napley, writing in this week’s NLJ, explores the possibilities

Could the Supreme Court rule the Act is unconstitutional? What other scenarios could unfold? Lord Carter briefly surveys the Rwanda Act saga to date—the Supreme Court ruling that Rwanda is not a safe country, followed by the Rwanda Act asserting that Rwanda is a safe country—before exploring the constitutional implications and potential reaction by the courts.

Lord Carter writes: ‘Is there a risk, as some have suggested, that the Supreme Court might strike down the Act as “unconstitutional”? If there is any currently foreseeable context in which this question is likely to be answered, it is the Rwanda Act, given the scope of the ouster and the Art 3 rights involved. This is unprecedented territory.’

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

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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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