header-logo header-logo

03 July 2024
Issue: 8078 / Categories: Legal News , Immigration & asylum
printer mail-detail

Cross-examined by the judge

A first-tier tribunal judge conducted the procedure of an appeal with ‘substantial unfairness such that the outcome cannot stand’, the Court of Appeal has held

Lord Justice William Davis allowed Ilirjan Hima’s appeal, in Hima v Secretary of State for the Home Department [2024] EWCA Civ 680, a residence card application case.

Handing down the lead judgment last week, Davis LJ said the ‘core complaints’ were that FTT Judge Mills ‘cross-examined the appellant, that the judge’s response to the appellant’s representative’s objection to the cross-examination was inappropriate, that the judge accused the representative of making an improper submission when no such submission had been made and that the judge had made a finding adverse to the appellant without giving the appellant an opportunity to deal with the point’.

Davis LJ said: ‘In my view the reality of the appellant’s case is that the hearing was unfair, not that there was apparent bias.’

The court remitted the case to the tribunal to be heard by a different judge.

Issue: 8078 / Categories: Legal News , Immigration & asylum
printer mail-details

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
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
back-to-top-scroll