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

J1 v Secretary of State for the Home Department [2013] EWCA Civ 279, [2013] All ER (D) 283 (Mar)

It was established law that: (i) in cases where the claimant sought asylum or a right to remain in the UK on human rights grounds, the court or tribunal had to determine that claim on the basis of current evidence; (ii) where the claim was based upon dangers confronting the claimant in their home state, that determination involved an assessment of what would happen, or what there was a real risk of happening, in the future; (iii) in determining the claim the court or tribunal would take into account any undertaking or assurance given by the secretary of state, in so far as it was relevant to the issues under consideration; (iv) such an assurance or undertaking could not cut down the legal protection to which the claimant was entitled; (v) if the route or method of return was unknown, the court or tribunal might in appropriate cases leave that matter for later decision by the secretary of state, and if the secretary of state failed to address the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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