Source: All England Reporter
Publisher Citation: [2018] All ER (D) 44 (Feb)
Neutral Citation: [2018] UKSC 6
Court: Supreme Court

Lady Hale P, Lord Sumption, Lord Reed, Lord Hodge and Lady Black SCJJ

Representation David Johnston QC and Julius Komorowski (instructed by the Office of the Advocate General) for the Advocate General.
  Kenny McBrearty QC and Lesley Irvine (instructed by McGill & Co) for the respondent.
Judgment Dates: 8 February 2018


Citizenship - British citizenship - Citizen of United Kingdom and Colonies by descent

The Case

Citizenship British citizenship. The condition in of the British Nationality Act 1948, requiring registration of a birth at a UK consulate within one year of its occurrence, was inapplicable in cases where citizenship was claimed by descent from a mother, as prior to the of the British Nationality Act 1981, such registration could only have been registered by mistake or in defiance of the regulations. Accordingly, the Supreme Court dismissed the appellant Advocate General's appeal against the Inner House's decision, although for different reasons.

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