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16 December 2022 / David Walbank KC
Issue: 8007 / Categories: Features , Procedure & practice , Criminal , Immigration & asylum
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Crime brief: 16 December 2022

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David Walbank KC examines what a ‘foreign criminal’ can be expected to do to escape homophobic violence following deportation
  • Persecution of the LGBQT community in foreign states.
  • Deportation of ‘foreign criminals’. 
  • Relevance of criminal convictions in the UK.

The World Cup in Qatar has put the whole issue of LGBQT rights under the spotlight and has forcefully reminded us that the liberal approach of the Western democracies is by no means mirrored across the globe, even in those states that wish to gain acceptance among the family of nations. The treatment of those who identify as gay, lesbian, bisexual, transgender or non-binary arises with increasing frequency in the criminal courts, not least when it comes to the rights of individuals whom the government wishes to deport to their countries of origin. It recently came before the Supreme Court in SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15, [2022] All ER (D) 38 (Jun).

Fleeing Jamaica

SC was born in Jamaica

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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