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18 November 2010
Issue: 7442 / Categories: Case law , Law digest
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Immigration

R (on the application of Elmi and others) v Secretary of State for the Home Department [2010] EWHC 2775 (Admin), [2010] All ER (D) 124 (Nov)

What mattered in relation to an application for fee exemption under the Immigration and Nationality Fees Regulations 2007 (SI 2007/1158), the Consular Fees Order 2008, SI 2008/676 and the Immigration and Nationality (Fees) (Amendment) Regulations 2008, SI 2008/544 was that:

(i) the nature of the underlying visa or entry clearance application should be clear so that it was possible to see whether a fee was payable and whether a fee exemption might be available;

(ii) it was clear that an application for fee exemption was being made;

(iii) an evidential basis for the fee exemption was provided; and

(iv) a fee waiver power existed, even if it changed over time. If a fee exemption application was made and relevant evidence was not provided, it was to be hoped that the department would tell an applicant what at least the target of any evidence should be.
 

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MOVERS & SHAKERS

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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