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28 February 2014
Issue: 7596 / Categories: Case law , Law digest , In Court
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Citizenship

R (on the application of Hiri) v Secretary of State for the Home Department [2014] EWHC 254 (Admin), [2014] All ER (D) 165 (Feb)

In deciding whether applicants for naturalisation met the requirement that they were of good character within para 1(1) of Sch 1 to the British Nationality Act 1981, the secretary of state had to consider all aspects of their character. The statutory test was not whether applicants had previous criminal convictions—it was much wider in scope than that. In order to conduct a proper assessment, the secretary of state had to have regard to the outline facts of any offence and any mitigating factors. She also had to have regard to the severity of the sentence, within the sentencing range, as that might be a valuable indicator of the gravity of the offending behaviour in the eyes of the sentencing court. The secretary of state was entitled to adopt a policy on the way in which criminal convictions would normally be considered by her caseworkers, but it should not be applied mechanistically and inflexibly. There

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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