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Public law update

14 June 2007 / Alasdair Mackenzie
Issue: 7277 / Categories: Features , Public
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HUMAN RIGHTS AND IMMIGRATION

In Huang (Respondent) v Secretary of State for the Home Department (Appellant); Kashmiri (Appellant) v SSHD (Respondent) [2007] UKHL 11, [2007] All ER (D) 338 (Mar) Mei Ling Huang was a Chinese national, who had spent much of the last 14 years in the UK, where most of her family lived. Ali Kashmiri was an Iranian whose immediate family had been granted asylum in the UK. Neither was of an age where any immigration rules regarding dependent relatives applied, and, when refused leave to enter or remain in the UK, each appealed in reliance on Art 8 (the right to respect for private and family life) of the European Convention on Human Rights (the Convention). Huang’s appeal was allowed by an adjudicator, but the Secretary of State for the Home Department (SSHD) appealed successfully to the Immigration Appeal Tribunal. Kashmiri’s appeal was dismissed by an adjudicator and he appealed unsuccessfully to the tribunal.

Proportionality

The two appeals (plus a third, not pursued before the House) had come before the Court

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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