The following Immigration practice note produced in partnership with Edward Mynott of Edward Mynott Tribunal Advocate 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 considers:
how the principle of EU citizenship rights, which was recognised by the EU Court of Justice in Ruiz Zambrano, has been confirmed in subsequent judgments but its application confined to exceptional circumstances
how EU citizenship rights have been implemented by the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052
The Practice Note: Applying to confirm a Zambrano right of residence looks at:
the pros and cons of making an application for a derivative residence card on this basis
the procedure for making an application and the obstacle to doing so erected by the Home Office, and
the potential alternative option of applying for leave as a ‘person with a Zambrano right to reside’ under the Immigration Rules, Appendix EU
The decision of the Court of Justice in Gerardo Ruiz
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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