“…In R (on the application of Negassi) v Secretary of State for the Home Department[2013] EWCA Civ 151, [2013] 2 CMLR 45 Maurice Kay LJ summarised at [14] the guidance as to the assessment of whether a breach is sufficiently serious given by Lord Clyde in R v Se…”
“…Lord Justice Arnold sets out the multifactorial test explained by Lord Justice Maurice Kay in R (oao Negassi) and another v. SSHD [2013] EWCA Civ 151 at [14] in paragraph 19 above. Of the eight factors identified the fifth is:-…”