A judge should have permitted a new ground of appeal to be raised alleging that there had been a procedural irregularity in entering a default judgment without requiring the claimants to prove their case. However, that ground of appeal lacked merit and the appeal was dismissed. The appellant appealed against the refusal of his application … Continue reading LIGHTING & LAMPS UK LTD & ANOR v CLARKE (2016)
Tag: Appeal
Tikka v The Secretary of State for the Home Department [2018]
In this appeal the Appellant's leave was curtailed under paragraphs 322(5) and (5A) and 323(i) of the Immigration Rules whilst trying to remain in the UK as a spouse of a person present and settled in the UK. Paragraph 322(1C) concerns particularly serious offences into which the Appellant's offence did not fall, however, the Secretary … Continue reading Tikka v The Secretary of State for the Home Department [2018]
IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626
The appellant is a national of Pakistan and previously lived in the Sheika Bur Luv-e Darya village in the Jhelum district of the Punjab. He first entered the United Kingdom with valid leave to enter as a student but subsequently overstayed. He eventually made a claim for asylum and relied on three grounds for doing … Continue reading IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626
MK v R [2018]
The common issue raised in both these appeals is whether the legal (or persuasive) burden of proof rests on the defendant when a defence is raised under section 45 of the Modern Slavery Act 2015, or whether the defendant bears only an evidential burden with the prosecution having to disprove to the criminal standard one … Continue reading MK v R [2018]
Law Lessons 4 Life 