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12 April 2013
Issue: 7555 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Nagre) v Secretary of State for the Home Department [2013] EWHC 720 (Admin), [2013] All ER (D) 15 (Apr)

There was full coverage of an individual’s rights under Art 8 of the Convention in all cases by a combination of the new immigration rules (as set out in the Statement of Changes laid on 13 June 2012 (HC 194)) and under the secretary of state’s residual discretion to grant leave to remain outside the Rules. Consequent upon that feature of the overall legal framework, there was no legal requirement that the new rules themselves provided for leave to remain to be granted under the Rules in every case where Art 8 of the Convention gave rise to a good claim for an individual to be allowed to remain. That had always been the position in relation to the operation of the regime of immigration control prior to the introduction of the new rules, and the introduction of the new rules had not changed those basic features of the regime

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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