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06 March 2024
Issue: 8062 / Categories: Legal News , Immigration & asylum , Human rights
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Lords defeats for the Rwanda Bill

Peers inflicted five defeats on the government’s controversial Safety of Rwanda (Asylum and Immigration) Bill on its first day in the Lords

The legislation, which deems Rwanda a safe country and restricts the ability of courts to block deportations on human rights grounds, was drafted following the Supreme Court’s ruling to the contrary last year.

However, peers this week passed amendments requiring the Bill to be fully compliant with international law, and preventing deportation flights from taking off until after independent officials confirm the UK-Rwanda treaty has been implemented. Other amendments give courts powers to overrule the presumption that Rwanda is safe if there is ‘credible evidence to the contrary’.

Once the Report stage is completed, the Bill will return to the House of Commons, where MPs will accept or reject the amendments.

Last week, the UN special rapporteurs expressed concern that the Bill may violate the principle of non-refoulement (that no person should be returned to a country where they might be at risk of persecution) and may not provide effective access to asylum.

They expressed concern that the Bill, as currently drafted, ‘would unduly limit judicial independence by requiring judges to treat Rwanda as a safe third country now and in the future, regardless of any evidence to the contrary before them’. Moreover, they warned the Bill ‘could undermine the principles of the separation of powers and the rule of law in the UK’.

Law Society president Nick Emmerson said: ‘The Law Society—alongside scores of parliamentarians and civil society organisations—has repeatedly expressed concerns that the Rwanda Bill profoundly undermines the democratic balance of powers in the UK by sidelining the courts from providing independent, legal oversight. This makes it incompatible with international law and the rule of law.

‘This statement from UN experts shows that these concerns are shared beyond the UK.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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