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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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