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31 October 2018
Issue: 7815 / Categories: Legal News , Immigration & asylum
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Home Office immigration limitation attempt fails

The Home Office has failed in its attempt to limit the scope of the Surinder Singh immigration route in a Court of Appeal case on extended family members.

The Surinder Singh route enables British citizens returning from other EU states to bring certain non-EU relatives with them, including ‘extended family members’.

Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 concerned an unmarried couple in a ‘durable relationship’. He (Jones) was from the UK. She (Christy) was from the USA. The couple lived in Poland.

Legal argument centred on the ‘right to facilitation’, which gives durable partners an advantage over other non-EU nationals when applying for residency. Its purpose is to help secure free movement of EU citizens.

Christy’s right to stay in Poland was granted under domestic Polish law and existed independently of any right under EU law. The Home Office argued that it did not have an obligation to consider, let alone grant, a Surinder Singh application since Christy’s right to stay in Poland, where she formed a relationship with Jones, had not been granted on the basis of that relationship.

Delivering judgment, however, Lord Justice Sales rejected that argument on the basis the Home Office had been ‘unable to identify any coherent policy rationale’ why Christy’s right to have her application considered should depend on her having a right to stay in Poland based on her relationship with Jones. ‘To limit the derived right in this way would also mean it operated in an arbitrary manner which could never have been intended by the Court of Justice of the European Union,’ he said.

Issue: 7815 / Categories: Legal News , Immigration & asylum
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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