Joe Tomlinson, Naoise Coakley and Roisin Gambroudes: It’s a trap! The changing dynamics of executive engagements with judicial review – UK Constitutional Law Association

‘It is not surprising or new that the executive plays institutional chess with the courts. Judicial review, though concerned with legality, is functionally concerned with the control of governmental power and any review exercise by the courts–no matter how legitimate–is likely to be felt by officials as impacting upon their domain from time to time. If a system of judicial review did not make officials feel this way at least on occasion, it would not be a worthwhile system at all.’

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UK Constitutional Law Association, 28th July 2022


SAS killings: Ministry of Defence proposes judge-led review – BBC News

Posted July 28th, 2022 in Afghanistan, armed forces, news, police, reports, unlawful killing by sally

‘The Ministry of Defence has proposed an independent review of how it handled allegations that the SAS executed unarmed civilians in Afghanistan.’

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BBC News, 27th July 2022


Met fails in second bid to sack senior officer over child abuse video – The Guardian

‘The high court has thrown out the Metropolitan police’s latest attempt to sack a decorated senior black officer, with a judge branding one of its arguments “hopeless”.’

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The Guardian, 26th July 2022


Recent Statutory Instruments –

Posted July 28th, 2022 in legislation by michael

SI 2022/874 – The Finance Act 2021, Schedule 5 (Pension Schemes: Collective Money Purchase Benefits) (Appointed Day) Regulations 2022

SI 2022/872 – The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) (No. 2) Order 2022

SI 2022/871 – The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) Order 2022

SI 2022/870 – The Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022

SI 2022/868 – The Air Navigation (Restriction of Flying) (Portrush) Regulations 2022

SI 2022/866 – The Air Navigation (Restriction of Flying) (Wembley Stadium) Regulations 2022


Fire safety ruling has implications for cladding disputes –

‘Construction companies contracted to design and build cladding systems for buildings may have to pick up the cost of replacing those systems in light of a new ruling by the High Court in London.’

Full Story, 25th July 2022


MPs call for menopause to be protected characteristic in UK Equality Act – The Guardian

Posted July 28th, 2022 in employment, equality, health, news, reports, women by sally

‘MPs have called for menopause to be a protected characteristic and for a special ambassador to keep women in the workplace, after a report showed the UK is currently “haemorrhaging talent”.’

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The Guardian, 28th July 2022


BAILII: Recent Decisions

Posted July 28th, 2022 in law reports by michael

Court of Appeal (Civil Division)

ST v BAI (SA) (t/a Brittany Ferries) (Rev1) [2022] EWCA Civ 1037 (27 July 2022)

George v Cannell & Anor [2022] EWCA Civ 1067 (27 July 2022)

Rose v Secretary of State for the Home Department [2022] EWCA Civ 1068 (27 July 2022)

Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022] EWCA Civ 1021 (27 July 2022)

Athena Capital Fund v Secretariat of State for the Holy See [2022] EWCA Civ 1051 (26 July 2022)

Dance & Anor v Barts Health NHS Trust & Anor [2022] EWCA Civ 1055 (25 July 2022)

High Court (Administrative Court)

Bell, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 2008 (Admin) (27 July 2022)

Mortgage Agency Service Number Five Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2022] EWHC 1979 (Admin) (27 July 2022)

High Court (Commercial Court)

Lenkor Energy Trading DMCC v Puri [2022] EWHC 1958 (Comm) (27 July 2022)

Vitol SA v Genser Energy Ghana Ltd [2022] EWHC 1812 (Comm) (22 July 2022)

Mountain Ash Portfolio Ltd v Vasilyev [2022] EWHC 1867 (Comm) (21 July 2022)

High Court (Queen’s Bench Division)

Keegan v Independent Insurance Company Ltd & Anor [2022] EWHC 1992 (QB) (27 July 2022)

Lisa Jones v Richard Slade And Company Ltd [2022] EWHC 1968 (QB) (27 July 2022)

Thurrock Council v Stokes & Ors [2022] EWHC 1998 (QB) (27 July 2022)

High Court (Technology and Construction Court)

MW High Tech Projects UK Ltd v Greenhalgh & Ors [2022] EWHC 2000 (TCC) (27 July 2022)


The Government’s Net Zero Strategy Ruled ‘Unlawful’ – Each Other

‘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.’

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Each Other, July 2022


Windrush man was treated shamefully, appeal judges say – BBC News

Posted July 28th, 2022 in appeals, assault, citizenship, colonies, criminal records, immigration, news by sally

‘A man who travelled to Britain in 1960 when he was three, as part of the Windrush generation, was “shamefully treated”, senior judges have said.’

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BBC News, 28th July 2022


MoR proposes ‘major new project’ to boost blockchain – Law Society’s Gazette

‘Putting tax payments or property transactions on blockchain – or issuing a Bank of England-backed digital currency – would help entrench English law as the forum of choice for resolving crypto disputes, the master of the rolls has said in a constitutionally daring intervention into policy-making.’

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Law Society's Gazette, 26th July 2022


High Court refuses council judicial review bid over routeing of lorries to HS2 construction sites – Local Government Lawyer

Posted July 28th, 2022 in judicial review, local government, news, planning, railways, roads by sally

‘A judicial review application by Buckinghamshire Council contesting a decision by the Secretary of State for Transport and the Secretary of State for Levelling up, Housing and Communities to approve lorry routes for the construction of High Speed 2 has been refused by the High Court.’

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Local Government Lawyer, 26th July 2022