The following Immigration practice note Produced in partnership with Eric Fripp of Lamb Building provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?
This Practice Note provides a detailed description of the scope of Article 8 of the European Convention on Human Rights (ECHR), and the protections it gives in the immigration context. It is the second in a series of closely related Practice Notes, which also includes:
Article 8 immigration claims—this provides a general introduction to the current state of play on Article 8 immigration claims, including details as to how the ECHR is incorporated into UK law
Article 8 claims since 9 July 2012—the Secretary of State’s approach—this looks at the provisions introduced since 9 July 2012 which set out how Article 8 assessments should be undertaken in immigration cases by the Home Office and by the domestic courts/tribunal—in particular the changes to the Immigration Rules and new Part 5A of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002)
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You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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