Menu My portfolio: 2

Court: Court of Appeal (Civil Division)

Art 33 Status of Refugees 1951 Convention claims should be brought at the same time as Art.1(F)(c) claims

R (YASSER AL-SIRI) v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] EWCA Civ 113

The Home Secretary appealed against a decision quashing her refusal to grant the respondent (Y) refugee status. In 2015 the First-tier Tribunal decided that Y was not excluded from the Convention relating to the Status of Refugees 1951 (United Nations) and that he was a refugee. The Upper Tribunal upheld that decision. In 2018 the […]

Digital versions of newspaper print editions are not “newspapers”

Revenue & Customs Commissioners v News Corp UK & Ireland LTD [2021] EWCA Civ 91

HMRC appealed against the Upper Tribunal’s decision that the digital versions of newspapers published by the respondent were “newspapers” within the meaning of the Value Added Tax Act 1994 Sch.8 Group 3 Item 2 and were therefore zero-rated for VAT purposes. Directive 2006/112 aimed to harmonise VAT legislation and imposed a requirement on Member States to apply a […]

Court of Appeal rules on jurisdiction in Bitcoin libel dispute

Wright v Granath [2021] EWCA Civ 28

In a judgment handed down on 15 January 2021, the Court of Appeal has ruled on jurisdictional issues in libel proceedings relating to the true identity of “Satoshi Nakamoto”, the pseudonym used by the inventor of digital cryptocurrency Bitcoin. An earlier High Court ruling determined that the English court lacked jurisdiction to hear the proceedings, […]

Court clarifies approach in deciding whether someone is a victim of human trafficking

MN v The Secretary of State For The Home Department [2020] EWCA Civ 1746

These two appeals both raise issues about the correct approach to deciding whether someone is a victim of human trafficking for the purpose of the process established under the so-called National Referral Mechanism (“the NRM”). We give more details of that process later, but in short the NRM provides for a two-stage identification procedure under […]

Being unable to live openly as gay man does not amount to persecution

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683

This is an appeal against a decision of the Upper Tribunal (Immigration and Asylum Chamber) dated 21 November 2017, dismissing an appeal against a decision of the First-tier Tribunal. That tribunal had dismissed the appellant’s appeal against a decision of the respondent of 13 October 2015 refusing him leave to remain in the United Kingdom. […]