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08 April 2022
Issue: 7974 / Categories: Case law , In Court , Law digest
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Law digests: 8 April 2022

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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