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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Minister faces legal challenge over Prince Philip Hospital shake-up – BBC News

Posted November 14th, 2013 in hospitals, judicial review, ministers' powers and duties, news, Wales by tracey

“Health Minister Mark Drakeford faces a legal challenge over his decision to give the go-ahead to change the way urgent care is delivered at Llanelli’s Prince Philip Hospital.”

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BBC News, 14th November 2013

Source: www.bc.co.uk

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Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another;  Regina (Save Lewisham Hospital Campaign Ltd) v Same and another: [2013] EWCA   [2013] WLR (D)  430

“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”

WLR Daily, 8th November 2013

Source: www.iclr.co.uk

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Sannie and another v Secretary of State for the Home Department – WLR Daily

Posted November 6th, 2013 in appeals, immigration, law reports, ministers' powers and duties, tribunals by sally

Sannie and another v Secretary of State for the Home Department [2013] WLR (D) 419

“A European Economic Area residence card did not exist in perpetuity once granted and the Secretary of State for the Home Department could revoke a residence card if a lack of entitlement was established.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

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Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302 ;   [2013] WLR (D)  412

“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”

WLR Daily, 29th October 2013

Source: www.iclr.co.uk

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Government urges court to reject Libya rendition case – BBC News

Posted October 22nd, 2013 in intelligence services, ministers' powers and duties, news, rendition by tracey

“The UK government is trying to prevent a former Libyan dissident and his wife seeking damages over its alleged role in their rendition to Tripoli in 2004.”

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BBC News, 21st October 2013

Source: www.bbc.co.uk

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Nick Barber: Can Royal Assent Be Refused on the Advice of the Prime Minister? – UK Constitutional Law Group

Posted September 26th, 2013 in bills, constitutional law, ministers' powers and duties, news by sally

“There is a very good article in the most recent edition of the Law Quarterly Review. It is by Rodney Brazier, and is concerned with the nature and mechanics of royal assent. It is a fascinating read, and, as with all Brazier’s work, characterised by a dry wit. There is, however, one claim, made almost in passing, that I think is mistaken. Brazier addresses the question of when, if ever, a monarch could properly refuse to give assent to legislation. He rightly concludes that it is almost impossible to imagine situations in which assent should be refused, but leaves open the possibility that it might be appropriate for the Monarch to refuse assent if advised to do so by her Ministers. In suggesting that royal assent could be refused on ministerial advice Brazier is not alone. The assertion has also been made by Geoffrey Marshall in Constitutional Conventions, and Adam Tomkins in Public Law – and may, for all I know, have been made by others, too. On the other hand, Anne Twomey (in an article in Public Law in 2006) argued that the issue remains open, and gives a number of examples, mostly from Australia, which suggest the Monarch need not accept the advice of her Ministers to refuse assent. So which position is correct? If the Prime Minister (or the Cabinet, collectively) advised the Queen to refuse to give her assent to legislation, what, constitutionally, should she do?”

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UK Constitutional Law Group, 25th September 2013

Source: www.ukconstitutionallaw.org

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Theresa May to demand police improve domestic violence handling – BBC News

Posted August 29th, 2013 in domestic violence, ministers' powers and duties, news, police by sally

“The home secretary has said she will speak to Parliament soon about how police in England and Wales can improve the way they handle domestic violence.”

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BBC News, 29th August 2013

Source: www.bbc.co.uk

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UK terror law watchdog promises rapid report on David Miranda detention – The Guardian

“Britain’s anti-terror laws watchdog is to investigate whether laws were used “lawfully, appropriately and humanely” when police detained David Miranda at Heathrow airport for nine hours.”

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The Guardian, 22nd August 2013

Source: www.guardian.co.uk

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Judicial review proceedings may be terminated by government – UK Human Rights Blog

“The Government’s termination of existing judicial review proceedings via certification under the Justice and Security Act was ‘troubling’ but lawful. Parliament’s intention was clear, even though there were no new rules in force yet.”

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UK Human Rights Blog, 12th August 2013

Source: www.ukhumanrightsblog.com

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Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same [2013] EWHC 2329 (Admin); [2013] WLR (D) 331

“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

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Lewisham hospital cuts plan ruled unlawful by judge – The Guardian

Posted August 1st, 2013 in health, hospitals, ministers' powers and duties, news by sally

“The health secretary, Jeremy Hunt, has had his decision to reduce services at a major hospital declared unlawful and quashed by the high court.”

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The Guardian, 31st July 2013

Source: www.guardian.co.uk

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Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309

“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

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R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) – Supreme Court

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) [2013] UKSC 53 | UKSC 2012/0069 (YouTube)

Supreme Court, 24th July 2013

Source: www.youtube.com/user/UKSupremeCourt

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High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com

Posted July 23rd, 2013 in housing, local government, ministers' powers and duties, news, planning by tracey

“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”

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OUT-LAW.com, 19th July 2013

Source: www.out-law.com

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