‘In a landmark victory, the High Court has ruled in favour of Friends of The Earth, ClientEarth and the Good Law Project, who took the Government to court over its Net Zero Strategy. Now that the policy has been deemed unlawful, the government must revise its strategy and lay out a credible plan for meeting emissions targets.’
Each Other, July 2022
Source: eachother.org.uk
‘Constitutional bombshells do not come along very often, most change is incremental and piecemeal – or at least that was the conventional wisdom that prevailed on the UK constitution for many decades. More recently, it appears that scarcely a month passes without suggestions, discussions, proposals, or enactments of far-reaching constitutional reforms – whether through government consultations, changes to the ministerial code, the political and legal constitution and devolution, or bills specifically introduced into Parliament to break international law.’
UK Constitutional Law Association, 6th July 2022
Source: ukconstitutionallaw.org
‘Tech firms will be required to shield internet users from state-sponsored disinformation posing a threat to UK society and democracy, under changes to a landmark online safety bill.’
The Guardian, 4th July 2022
Source: www.theguardian.com
‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’
The Independent, 4th May 2022
Source: www.independent.co.uk
‘The current Prime Minister’s long running battle with the Seven Principles of Public Life continues to gather pace. Boris Johnson’s actions relating to the pandemic “partygate” scandal have arguably violated each of the principles established by the Nolan Committee in 1995: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The Prime Minister’s full house of ethical violations concerning his attendance and subsequent denials of social gatherings held in Downing Street, contrary to lockdown restrictions, have also yielded Fixed Penalty Notices from the police for him, his Chancellor, his wife, and other government officials, with the prospect of more to follow. Yet the Prime Minister remains committed to staying in post, and has refused to resign.’
UK Constitutional Law Association, 27th April 2022
Source: ukconstitutionallaw.org
‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’
UK Human Rights Blog, 15th March 2022
Source: ukhumanrightsblog.com
‘The rules governing the conduct of ministers and senior civil servants need to be toughened up, according to a new report.’
BBC News, 1st November 2021
Source: www.bbc.co.uk
‘In Dove v HM Assistant Coroner to Teeside and Hartlepool & Anor [2021] EWHC 2511, the High Court considered the State’s obligations under article 2 ECHR with respect to those in receipt of welfare benefits as well as the scope of coronial inquiries both where article 2 is and isn’t engaged. Although it was argued that failings by the Department of Work and Pensions were relevant to a death by suicide, a fresh inquest was refused in the circumstances.’
UK Human Rights Blog, 13th October 2021
Source: ukhumanrightsblog.com
‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’
Equality Law Blog, 13th October 2021
Source: equalitylawblog.com
‘Tucked away in the government’s 300-page police, crime, sentencing and courts bill, are various clauses which will have serious implications for the right to protest. The bill seeks to quietly criminalise “serious annoyance”, increase police powers to restrict protests, and give the home secretary discretion over what types of protests are allowed.’
The Guardian, 9th August 2021
Source: www.theguardian.com
‘The government is facing a legal challenge over the use of private email accounts and WhatsApp by ministers and senior officials.’
BBC News, 9th July 2021
Source: www.bbc.co.uk
‘The Queen (on the application of Leonard Gjini) [2021] EWHC 1677 (Admin). In an important decision handed down on 21 June 2021, Mr Justice Morris clarified the circumstances in which it is permissible for the Home Office to decline to issue British Passports to persons subject to deprivation proceedings under section 40 of the British Nationality Act 1981 rejecting a contention by the Home Office that there was a public interest in refusing based on the fact of a past deception.’
EIN Blog, 2nd July 2021
Source: www.ein.org.uk
‘On Friday 25 June 2021, British tabloid The Sun published pictures of the UK Health Secretary, Matt Hancock, kissing Gina Coladangelo in his office at the Department of Health. These pictures were, it seems, captured by a CCTV camera in the office and leaked by person(s) unknown to the newspaper. The pictures were soon joined on The Sun’s website by a video clip (seemingly from the same camera). The clip shows Hancock and Coladangelo in what might be described as a passionate embrace. The footage lasts just over one minute and remains online, including on The Sun’s Youtube channel.’
City Law Forum, 30th June 2021
Source: blogs.city.ac.uk
‘A deaf campaigner is taking legal action against the government, after complaining that it failed to provide in-person British Sign Language (BSL) interpreters at No 10 Covid briefings.’
BBC News, 16th May 2021
Source: www.bbc.co.uk
“Project for the Registration of Children as British Citizens v Secretary of State for the Home Department (PRCBC) concerned a challenge to the lawfulness of fees charged to children applying to be registered as British citizens. The fees have a serious adverse impact on the ability of many children to apply for registration.”
UK Constitutional Law Association, 26th May 2021
Source: ukconstitutionallaw.org
‘The independent panel investigating the Daniel Morgan scandal is refusing the home secretary’s demands to hand over its report before it can be published, as senior police sources say nothing in the case affects national security. Priti Patel provoked fury on Tuesday by demanding the findings be handed over for review prior to publication, angering both the Morgan family and members of the panel conducting the inquiry.’
The Guardian, 19th May 2021
Source: www.theguardian.com
‘A severely disabled child who was forced to go into hotel quarantine after returning from a “red list” country has been allowed to return home to complete their period of self-isolation after a legal challenge.’
The Guardian, 5th May 2021
Source: www.theguardian.com
‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’
UK Constitutional Law Association, 4th May 2021
Source: ukconstitutionallaw.org
‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’
UK Human Rights Blog, 29th April 2021
Source: ukhumanrightsblog.com
‘Anti-protest curbs contained in the new policing bill are disproportionate, hand subjective powers to officers and the home secretary, and violate international human rights standards, MPs and peers have been told.’
The Guardian, 28th April 2021
Source: www.theguardian.com
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