By: Matthew Leitch
17 January 2026 by Matthew Leitch
Background
The Applicant, a national of St Lucia, made an application on 2 December 2022 for ILR under Category 4 of the Windrush Scheme. Her father was a member of the Windrush generation and entered the UK in 1956. He was granted British citizenship in 2018 [4]-[19].
To fall within Category 4, an applicant should satisfy the following criteria [7]:
- A person in the UK,
- who is a child of a Commonwealth citizen parent,
- where the child was born in the UK or arrived in the UK before the age of 18,
- and has been continuously resident in the UK since their birth or arrival,
- and the parent was settled before 1 January 1973 or has the right of abode (or met these criteria but is now a British citizen).
Although the Applicant satisfied the other criteria, because of her repeated travel to St Lucia since arriving in the UK in August 2000, the Respondent refused her application on the basis that she failed to satisfy criterion (d) above [18]-[19].
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5 March 2025 by Matthew Leitch
Background
In RTM v Bonne Terre Ltd [2025] EWHC 111 (KB), the High Court considered claims brought in data protection and the tort of misuse of private information. The Claimant described himself as a “recovering online gambling addict” [1]. He sought damages for harm, distress and financial loss, and a declaration that his rights under data protection legislation had been infringed, from the Defendant, who operate Sky Betting and Gaming (SBG). The relevant period of the Claimant’s gambling for the claim against SBG (restricted by limitation periods) was 2017 until the end of 2018 or the start of 2019 [15].
The Claimant’s case was that SBG harvested his data using cookies without his consent. SBG the processed his personal data for marketing purposes without lawful basis, and targeted him through direct marketing emails (also without his consent) sent on average twice a day [68]. Consequently, he alleged he suffered substantial losses.
Despite the claim having started in an almost inquisitorial fashion, with the Claimant undertaking a broad investigation into gambling laws when recovering from his addiction, the narrow issue at trial was “what, if anything, [the Claimant] consented to in the marketing part of the operation” [77].
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4 December 2024 by Matthew Leitch
Background
In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain. Each Claimant’s position was that they were at imminent risk of destitution. Several grounds of challenge were advanced:
1. The approach to the NRPF conditions was unlawful under common law
2. The approach to the NRPF conditions was a breach of s.55 of the Borders, Citizenship and Immigration Act 2009.
3. The approach to the NRPF conditions was incompatible with the Human Rights Act 1998 read with Article 3 of the European Convention of Human Rights.
This article considers the third ground of challenge under the Human Rights Act 1998.
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