“…he conditions set out in Ladd v Marshall [1954] 1 WLR 1489. Laws LJ explained the basis of that approach in Subesh v Secretary of State for the Home Department [2004] EWCA Civ 56, [2004] Imm. A.R. 112:…”
“…aker LJJ agreed, cited a number of authorities on the proper approach to be taken by appellate tribunals: Indrakumar v SSHD [2003] EWCA Civ 1677, Subesh v SSHD [2004] EWCA Civ 56, Volpi v Volpi [2022] EWCA Civ, and the judgment of Lewis LJ in AB v DBS to which I have already referred. She then set out at paragraphs 85-89 of her judgment…”
“…Laws LJ considered that passage in a later decision, Subesh v Secretary of State for the Home Department [2004] EWCA Civ 56; [2004] INLR 417. It was common ground in that appeal that paragraph 22 enabled the IAT to set aside a factual decision of an adjudicator (paragraphs 30 and 40…”
“…In Subesh v Secretary of State for the Home Department [2004] EWCA Civ 56; [2004] INLR 417 it was common ground that paragraph 22 enabled the IAT to set aside a factual decision of an adjudicator (paragraphs 30 and 40). In paragraph …”
“…y trial judges “unless compelled to do so”. The approach was perhaps most elegantly described by Laws LJ in Subesh v Secretary of State for the Home Department [2004] EWCA Civ 56 at [44]:…”