“…e right of access to justice means not merely theoretical but effective access in the real world (UNISON, ibid,at [85] and [93]; and R (FB (Afghanistan) v SSHD [2020] EWCA Civ 1338; [2021] Q.B. 185 per Hickinbottom LJ at [92]).…”
“…[2020] EWCA Civ 1338, [2021] 2 WLR 839. It must, however, be for the First-tier Tribunal and the Upper Tribunal, with their specialist expertise, to consider, and where appropriate…”
“…roaches by Underhill LJ at [207] in Bayer Plc. He submits that in light of a number of cases decided after Swift J’s judgment (including FB(Afghanistan) v SSHD [2020] EWCA Civ 1338 and BF (Eritrea) v SSHD [2019] EWCA Civ 872), the appropriate test for determining whether there is systemic illegality in the present case is to ask whether t…”
“…umstances of the case. As Lord Burnett of Maldon CJ emphasised recently in R (FB (Afghanistan) and MedicalJustice) v Secretary of State for the Home Department [2020] EWCA Civ 1338 at [198]-[199], there are many circumstances now in which (e.g.) an out-of-country appeal in an article 8 case will be adequate to comply with the right to acc…”