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]
Tag: Court of Appeal
VC v The Secretary of State for the Home Department [2018]
Court of Appeal addresses the immigration detention of persons who have a mental illness and the procedures under which mentally ill detainees can make representations on matters relating to their detention. Citations: VC, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 57
AM (Zimbabwe) v The Secretary of State for the Home Department [2018]
Court of Appeal considers the operation of Article 3 in relation to the removal of foreign nationals from the UK where they are suffering from serious illnesses in light of the ECtHR's judgment in Paposhvili v Belgium. Citattion: AM (Zimbabwe) & Anor v The Secretary of State for the Home Department [2018] EWCA Civ 64
Nwankwo v Secretary of State for the Home Department [2018]
The important issue of principle in these cases concern the test which should be applied by the Upper Tribunal when considering an application for permission to appeal to the Court of Appeal in cases of this kind. Citation: Nwankwo & Anor v Secretary of State for the Home Department [2018] EWCA Civ 5
Law Lessons 4 Life 