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29 July 2022
Issue: 7989 / Categories: Case law , In Court , Law digest
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Law digests: 29 July 2022

Immigration

Secretary of State for the Home Department v Akter and others [2022] EWCA Civ 741, [2022] All ER (D) 80 (May)

The Court of Appeal, Civil Division, allowed the Secretary of State’s appeal against a decision of the Upper Tribunal (Immigration and Asylum) (UT) to allow the Bangladeshi respondent’s appeal against the appellant’s decision to refuse her art 8 European Convention on Human Rights claim for leave to remain on the basis that, in order to extend her previous Tier 4 student visa, she had provided a Test of English for International Communication (TOEIC) certificate which had been obtained by a proxy. The UT had held that the First Tier Tribunal had failed to engage with the All-Party Parliamentary Group report on the TOEIC (the APPG report). The court held that the decision in DK and RK (ETS: SSHD evidence, proof) India [2022] All ER (D) 107 (Mar), which was not inconsistent with Alam v Secretary of State for the Home Department [2021] All ER (D) 79 (Oct), had authoritatively addressed the issue of the admissibility of the APPG report.

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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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