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.’

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Panopticon, 26th March 2015

Source: www.panopticonblog.com

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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

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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.’

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BBC News, 27th February 2015

Source: www.bbc.co.uk

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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

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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.’

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Garden Court Chambers, 12th February 2015

Source: www.gclaw.wordpress.com

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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.’

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Law Society’s Gazette, 22nd January 2015

Source: www.lawgazette.co.uk

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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.’

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Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

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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

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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

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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.’

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Law Society’s Gazette, 22nd October 2014

Source: www.lawgazette.co.uk

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£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.’

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BBC News, 10th August 2014

Source: www.bbc.co.uk

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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.’

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UK Human Rights Blog, 5th August 2014

Source: www.ukhumanrightsblog.com

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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.’

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UK Constitutional Law Association, 30th July 2014

Source: www.ukconstitutionallaw.org

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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’.’

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The Guardian, 21st May 2014

Source: www.guardian.co.uk

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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

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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.’

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Panopticon, 18th March 2014

Source: www.panopticonblog.com

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Legal aid cuts for prisoners face high court challenge – The Guardian

Posted March 10th, 2014 in budgets, legal aid, ministers' powers and duties, news, prisons by sally

‘The government’s decision to deprive prisoners of legal aid has been challenged in the high court on Thursday by charities warning that it will hamper rehabilitation efforts and fail to save money.’

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The Guardian, 6th March 2014

Source: www.guardian.co.uk

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Theresa Villiers did not break ministerial code report finds – BBC News

Posted December 19th, 2013 in codes of practice, lobbying, ministers' powers and duties, news, reports, transport by tracey

‘Northern Ireland Secretary Theresa Villiers did not breach the ministerial code over a meeting with a lobbyist, an internal No 10 report has found. She had faced allegations that, as a transport minister, she failed to declare a meeting with a representative of a firm seeking to build a railway depot in the Hertfordshire green belt. But a report by the Cabinet Secretary Sir Jeremy Heyward has cleared her.’

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BBC News, 18th December 2013

Source: www.bbc.co.uk

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Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

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UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

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Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog

Posted November 25th, 2013 in immigration, judicial review, ministers' powers and duties, news, setting aside by tracey

‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’

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UK Human Rights Blog, 22nd November 2013

Source: www.ukhumanrightsblog.com

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