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Law digests: 1 April 2022

01 April 2022
Issue: 7973 / Categories: Case law , In Court , Law digest
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Citizenship

R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department and another case [2022] UKSC 3, [2022] All ER (D) 06 (Feb)

The Supreme Court dismissed the appellants’ appeal from a decision of the Court of Appeal, Civil Division which had held that the fee charged to children applying to be registered as British citizens under the British Nationality Act 1981 fixed at £1,012 pursuant to the Immigration and Nationality (Fees) Regulations 2018 (the Regulations), SI 2018/330, made under the Immigration Act 2014 (IA 2014), was lawful. Applying rules of statutory interpretation, the court held that IA 2014 in authorising the Secretary of State to set the fees had not imposed any criterion of affordability. On the contrary, it had expressly empowered the Secretary of State to set fees at levels which (i) took account of benefits likely to accrue from citizenship and (ii) could subsidise the cost of the exercise of other functions in connection with immigration or nationality, thereby

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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