[ 19 Aug 2014 | No Comment ]
What’s in store for family migrants after the Court of Appeal decision in MM?

By Kathryn Denyer
Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.
It is no coincidence that processing re-commenced on this date, which was also when s 19 of the Immigration Act 2014 came into effect. Section 19 sets out into primary legislation the public interest considerations that …

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[ 19 Aug 2014 | No Comment ]
What’s in store for family migrants after the Court of Appeal decision in MM?

By Kathryn Denyer
Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.
It is no coincidence that processing re-commenced on this date, which was also when s 19 of the Immigration Act 2014 came into effect. Section 19 sets out into primary legislation the public interest considerations that …

Family, Headline, Human Rights »

[ 14 Aug 2014 | No Comment ]
Baby removed from mother at birth: a look at reporting restrictions orders

M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would …

Criminal, Featured, Human Rights »

[ 14 Aug 2014 | No Comment ]
Tackling alcohol-rated offending – are “Sobriety tags” the answer?

The first “sobriety tag” has been fitted to a man who had been found guilty of drunken affray. The introduction of the tags, which monitor consumption of alcohol by the wearer, is part of a year-long pilot scheme to tackle alcohol-related reoffending.
Why is the government trialling ankle tags to monitor alcohol consumption? How is the pilot scheme proposing to operate?
Anthony Edwards (AE): To see if it is an effective requirement to be added to community orders and suspended sentences. It represents a real punishment as the consumption of alcohol is controlled …

Blog, Criminal, Featured, Human Rights »

[ 13 Aug 2014 | No Comment ]
Victims of trafficking empowered to seek compensation

Hounga v Allen and another
The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair. The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed.
The Supreme Court, allowing the …

Family, Featured »

[ 12 Aug 2014 | One Comment ]
Should the press be able to report the evidence in a financial remedy case?

There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.
The fundamental issue was the extent to which the legitimate entitlement of the media to attend private financial hearings introduced by the recent change in the Family Procedure Rules 2010, SI 2010/2955 had impacted on what had always been the accepted prior position. Reporting restrictions arising …