June 2019 - ICS Legal Blog

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Latest UK & International Legal News

Alternative Dispute Resolution

Alternative Dispute Resolution also known as ADR, is a common but less used method to resolving issues. It is important to note that Law is one method of resolving disputes when, as is inevitable, they emerge. Law is a formal dispute resolution mechanism because society and people have made it complex; thus there has to be mediation and rules in place to resolve issues. The Court will involve itself to make a fair, balanced decision to all parties. However you will notice below, that the Court is providing the ADR is a mean to resolve the issues rather than involve the Courts. It is somewhat forcing both claimant's and defendant's to discuss and come to an agreement. Let's start by considering the legal framework which sets out the policy: Alternative Dispute Resolution 9. The courts take the view that litigation should be a last resort. The parties should consider whether some form of alternative dispute resolution (‘ADR’) or complaints procedure would be more suitable than litigation, and if so, endeavour to agree which to adopt. Both the claimant and defendant may be required by the court to provide evidence that alternative means of resolving their dispute were considered. Parties are warned...

The principles of case laws related to illegal entrant to the UK impacting British Nationality Applications

We have seen a rise on the number of British Nationality application's being refused, on the sole notion of failing to meet the Good Character requirements. British Nationality law itself is complex. It's policies and definitions are drawn from policy guidance's drawn up by the Home Office and then case laws provides us clarifications on how these rules are supposed to be interpreted. I have found that not all case laws provides us the absolute guidance which means an application for British Nationality must contain the correct references as well as the correct arguments. We start on the case of MA (Illegal entrance - not para 395C) Bangladesh [2009] UKAIT 00039. The appeal was related to the definition of illegal entrance to the UK. In the circumstances and the factors mentioned in paragraph 395 of the Immigration Rules Hc395 are relevant only to a Section 10 Removal and not to the case of removal of an illegal entrant. Had it been intended that these criteria were to be made to be applicable to the case of an illegal entrant whose removal was contemplated, then the Rule would have said so - the forward slashes in the heading of the notice of immigration decision clearly...