19th December 2019
Nicholas Chapman, instructed by the Treasury Solicitor, appeared on behalf of the Home Secretary in important and high-profile judicial review proceedings concerning the fees charged to children applying to be registered as British citizens.
Judgment in the case, which was brought by the Project for the Registration of Children as British Citizens (“PRCBC”) and individual claimants, was handed down today.
Jay J refused the claimants’ principal ground of challenge, which concerned the vires of the fees within the enabling Act but allowed the claims on the basis that the Secretary of State had failed lawfully to consider the best interests of children when fixing the fees at their present level. He declined to declare the fees to be unlawful and issued a leapfrog certificate for onward appeal to the Supreme Court. He also granted the Secretary of State permission to cross-appeal.
Nicholas was led by Sir James Eadie QC.
The judgment can be viewed here.