SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Comments Off on SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Pham (Appellant) v Secretary of State for the Home Department (Respondent) [2015] UKSC 19 (YouTube)

Supreme Court, 25th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Comments Off on Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’

Full story

UK Human Rights Blog, 10th April 2015

Source: www.ukhumanrightsblog.com

Comments Off on Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

Full story

The Guardian, 5th April 2015

Source: www.guardian.co.uk

Comments Off on Law changed so nuclear waste dumps can be forced on local communities – The Guardian

Why Evans gets the spiders – Panopticon

‘The Supreme Court’s judgment in R (Evans) v Attorney General [2015] UKSC 21 has received vast amounts of media coverage – more in a single day than everything else about FOI has received in ten years, I reckon. No need to explain what the case was about – the upshot is that Rob Evans gets Prince Charles’ ‘black spider’ letters. Here’s why.’

Full story

Panopticon, 26th March 2015

Source: www.panopticonblog.com

Comments Off on Why Evans gets the spiders – Panopticon

Regina (Black) v Secretary of State for Justice – WLR Daily

Posted March 10th, 2015 in health, law reports, ministers' powers and duties, prisons, regulations, smoking by tracey

Regina (Black) v Secretary of State for Justice: [2015] EWHC 528 (Admin); [2015] WLR (D) 105

‘The provisions of Chapter 1 of Part 1 of the Health Act 2006 were, by necessary implication, binding on the Crown and so applied to all public places and workplaces within its scope for which the Crown was responsible, including state run prisons.’

WLR Daily, 5th March 2015

Source: www.iclr.co.uk

Comments Off on Regina (Black) v Secretary of State for Justice – WLR Daily

Cameron and Clegg’s powers and funding pledge for Wales – BBC News

Posted February 27th, 2015 in devolution, ministers' powers and duties, news, Wales by tracey

‘David Cameron and Nick Clegg will set out plans to transfer more powers from Westminster to Wales on Friday, after months of cross-party talks. They include guaranteed minimum funding for the Welsh government and allowing ministers in Wales to raise cash from the money markets for major projects.’

Full story

BBC News, 27th February 2015

Source: www.bbc.co.uk

Comments Off on Cameron and Clegg’s powers and funding pledge for Wales – BBC News

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

Comments Off on Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Judge rules that Mr Pickles unlawfully discriminated against Gypsies and Travellers – Garden Court Chambers Blog

‘Marc Willers QC explores the recent High Court judgment in which it was found that the conduct of Eric Pickles, the Secretary of State for Communities and Local Government, constituted indirect discrimination against Romany Gypsies and Irish Travellers.’

Full story

Garden Court Chambers, 12th February 2015

Source: www.gclaw.wordpress.com

Comments Off on Judge rules that Mr Pickles unlawfully discriminated against Gypsies and Travellers – Garden Court Chambers Blog

Domestic violence challenge on legal aid fails – Law Society’s Gazette

‘The High Court has rejected a challenge to the legality of government changes to legal aid for victims of domestic violence.’

Full story

Law Society’s Gazette, 22nd January 2015

Source: www.lawgazette.co.uk

Comments Off on Domestic violence challenge on legal aid fails – Law Society’s Gazette

CIA torture report: Theresa May insists she did not demand redactions – Daily Telegraph

‘Theresa May, the Home Secretary, has insisted she did not request any redactions to the American report which exposed graphic details of CIA torture.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

Comments Off on CIA torture report: Theresa May insists she did not demand redactions – Daily Telegraph

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

Comments Off on Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Comments Off on R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

Grayling ‘has no understanding of his role’ – Falconer – Law Society’s Gazette

‘Former lord chancellor Lord Falconer has attacked successor Chris Grayling for failing to view his commitment to the rule of law as different to that of any other government minister.’

Full story

Law Society’s Gazette, 22nd October 2014

Source: www.lawgazette.co.uk

Comments Off on Grayling ‘has no understanding of his role’ – Falconer – Law Society’s Gazette

£300,000 on Supreme Court constitutional cases – BBC News

Posted August 11th, 2014 in bills, costs, devolution, ministers' powers and duties, news, Supreme Court, Wales by sally

‘More than £300,000 has been spent by the Welsh and UK governments on three Supreme Court cases about assembly powers, the BBC has learned.’

Full story

BBC News, 10th August 2014

Source: www.bbc.co.uk

Comments Off on £300,000 on Supreme Court constitutional cases – BBC News

The rise of the secret trial: Closed Material Procedures one year on – UK Human Rights Blog

‘Last week Justice Secretary Chris Grayling reported on how often closed material proceedings (CMPs) have been sought under the Justice and Security Act 2013 (JSA), as he is required to do annually under the Act. As the first and only official consolidated presentation of how the new CMP regime is being used, this two-page written ministerial statement warrants close attention.’

Full story

UK Human Rights Blog, 5th August 2014

Source: www.ukhumanrightsblog.com

Comments Off on The rise of the secret trial: Closed Material Procedures one year on – UK Human Rights Blog

Ann Sherlock: Supreme Court ruling on Welsh legislation – UK Constitutional Law Association

‘On 9 July 2014, the Supreme Court delivered its unanimous ruling that the Agricultural Sector (Wales) Bill was within the legislative competence of the National Assembly for Wales.’

Full story

UK Constitutional Law Association, 30th July 2014

Source: www.ukconstitutionallaw.org

Comments Off on Ann Sherlock: Supreme Court ruling on Welsh legislation – UK Constitutional Law Association

Theresa May stuns Police Federation with vow to break its power – The Guardian

Posted May 22nd, 2014 in ministers' powers and duties, news, police, speeches, trade unions by sally

‘Home secretary says that in their handling of sensitive cases some officers had displayed ‘contempt for the public’.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

Comments Off on Theresa May stuns Police Federation with vow to break its power – The Guardian

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily

Posted March 25th, 2014 in appeals, human rights, inquiries, ministers' powers and duties, news by sally

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another [2014] EWCA Civ 312; [2014] WLR (D) 138

‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Comments Off on Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily

The Not Entirely Secret Diary of Mr Lansley – Panopticon

‘What considerations are relevant when deciding whether a Ministerial diary should be disclosed under FOIA? The decision of the First-tier Tribunal in Department of Health v Information Commissioner EA/2013/0087 is, perhaps surprisingly, the first Tribunal decision to address this issue. The judgment engages with a number of difficult issues: the Tribunal’s approach to Government evidence, the value of cross-examination in Tribunal hearings, aggregation of public interests under FOIA, and Parliamentary privilege. Hence it is of general importance, going beyond the intrinsic interest of its specific subject matter.’

Full story

Panopticon, 18th March 2014

Source: www.panopticonblog.com

Comments Off on The Not Entirely Secret Diary of Mr Lansley – Panopticon