Graham Gee: Do Lord Chancellors defend judicial independence? – UK Constitutional Law Association

Posted August 18th, 2014 in inquiries, judiciary, lord chancellor, news, parliament, pensions, statutory duty by tracey

‘As part of its inquiry into the office of Lord Chancellor, the Constitution Committee asks whether “new” (i.e. post-2003) Lord Chancellors have actually defended judicial independence in line with their customary and now statutory duty to do so. I was asked for examples earlier this summer when appearing before the Committee (with Andrew Le Sueur and Patrick O’Brien). I tried to identify some, but rather garbled my answer. Earlier in the year I also sketched some thoughts about Lord Chancellors in Public Law, but struggled to find clear-cut examples. One reason is that collective cabinet responsibility and the confidentiality of exchanges between Lord Chancellors and judges mean that outsiders will seldom have a full picture of what has occurred behind closed doors. This is unfortunate since my impression is that many lawyers assume—mistakenly, I think—that new Lord Chancellors are neither willing nor able to defend judicial independence. This post is hopefully third time lucky in correcting this assumption. By drawing on press reports, public statements and interviews that Robert Hazell, Kate Malleson, Patrick O’Brien and I conducted between 2011-2013, I want to piece together evidence that suggests that new Lord Chancellors can and do defend judicial independence.’

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UK Constitutional Law Association, 18th August 2014

Source: www.ukconstitutionallaw.org/blog

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Regina (Hamill) v Chelmsford Magistrates’ Court – WLR Daily

Posted August 13th, 2014 in judicial review, law reports, police, sexual offences, statutory duty by sally

Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377

‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’

WLR Daily, 8th August 2014

Source: www.iclr.co.uk

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David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers

‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:

Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’

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Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk

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Not in our name: Parliamentary committee rejects Government’s case for Judicial Review reform – UK Human Rights Blog

‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

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Mohamoud v Birmingham City Council – WLR Daily

Posted March 12th, 2014 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Mohamoud v Birmingham City Council: [2014] EWCA Civ 227;   [2014] WLR (D)  119

‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

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Deciding without a decision – NearlyLegal

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

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NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/

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New Year, new tort of misuse of private information – UK Human Rights Blog

‘A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims.’

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UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

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Court rejects claim council owed duty to use general power of competence – Local Government Lawyer

Posted November 27th, 2013 in children, housing, human rights, immigration, local government, news, statutory duty by tracey

‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’

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Local Government Lawyer, 26th November 2013

Source: www.localgovernmentlawyer.co.uk

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On families, powers and duties to accommodate – NearlyLegal

‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’

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NearlyLegal, 26th November 2013

Source: www.nearlylegal.co.uk/blog/

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I don’t want to go to… Lambeth – NearlyLegal

Posted November 13th, 2013 in appeals, domestic violence, homelessness, housing, local government, news, statutory duty by tracey

“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”

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NearlyLegal, 10th November 2013

Source: www.nearlylegal.co.uk

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Tackling child abuse: is mandatory reporting the answer? – Halsbury’s Law Exchange

Posted November 11th, 2013 in child abuse, hospitals, local government, news, police, social services, statutory duty by michael

“Former Director of Public Prosecutions, Keir Starmer QC, has called for an overhaul of the law concerning safeguarding children. In a previous post I considered the current legislation and whether it goes far enough. I concluded that there is a need for a more general duty to have due regard to the need to eliminate abuse of minors over and above the existing welfare duty in s11 of the Children Act 2004.”

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Halsbury’s Law Exchange, 8th November 2013

Source: www.halsburyslawexchange.co.uk

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Five disabled people win independent living fund appeal – The Guardian

“Five disabled people have won their court of appeal bid to overturn the government’s decision to abolish the independent living fund (ILF).”

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The Guardian, 6th November 2013

Source: www.guardian.co.uk

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Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers

Posted October 30th, 2013 in appeals, consumer protection, duty of care, interest, limitations, news, statutory duty by sally

“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”

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Littleton Chambers, 23rd October 2013

Source: www.littletonchambers.com

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Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252;   [2013] WLR (D)  393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

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Should we have an enforceable right to food? – Professor Geraldine van Bueren Q.C. – UK Human Rights Blog

Posted October 21st, 2013 in enforcement, food, human rights, news, statutory duty by sally

“Nearly eight hundred years ago, in 1216 English law first recognized a right to food. Yet between April and September this year over 350,000 people received three days’ emergency food from the Trussell Trust food banks, triple the numbers helped in the same period last year.”

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UK Human Rights Blog, 18th October 2013

Source: www.ukhumanrightsblog.com

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Council to pay out after housing families in B&Bs for longer than six weeks – Local Government Lawyer

“A local authority is set to pay out thousands of pounds after it housed 40 homeless families in bed and breakfast accommodation for longer than the recommended limit of six weeks.”

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Local Government Lawyer, 24th September 2013

Source: www.localgovernmentlawyer.co.uk

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The duty to give former looked after children assistance with education – Education Law Blog

Posted August 5th, 2013 in appeals, children, education, local government, news, statutory duty, universities by sally

“I posted back in February about the High Court’s decision in R (Kebede) v Newcastle City Council [2013] EWHC 355 (Admin) that local authorities have a duty (and not a discretion) to make a grant in relation to educational expenses and that this could include a grant for tuition fees.”

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Education Law Blog, 4th August 2013

Source: www.education11kbw.com

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Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

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Thames Water Utilities Ltd v Transport for London – WLR Daily

Posted January 23rd, 2013 in causation, law reports, negligence, nuisance, statutory duty, utilities by sally

Thames Water Utilities Ltd v Transport for London [2013] WLR (D) 15

“On the plain construction of regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007 a statutory undertaker could not avoid a criminal sanction where a person contracted to act on its behalf to undertake specified works in a specified street did so without a permit.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

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