Mohamed Moussa: The ‘Absent Word’ Canon and Asymmetrical Sovereignty – UK Constitutional Law Association

‘The UK Supreme Court (UKSC) recently issued its unanimous judgment which found the draft Scottish Independence Referendum Bill to be outside the legislative competence of the Scottish Parliament. While the facts of this case are distinctively different from previous Scottish cases, a common theme remains in the Court’s insistence on ‘ordinary meaning of words’ as its ‘general approach to the interpretation of the Scotland Act’. According to such an approach, the Court prioritises ‘the language carefully chosen by the Parliamentary drafter and enacted by Parliament’ as ‘[t]he best way of ensuring a coherent, stable and workable outcome’. The purpose of this blog post is not to explore the facts of this particular case. Rather, it focuses on the UKSC’s repeated stress of textualism. A similarity is found in the Court’s textual interpretation of Section 28(7), which was understood to affirm the doctrine of parliamentary sovereignty and served as the crux of its previous cases on devolution. The aim of the post is to show the questionable nature of the Court’s textual fidelity and highlight that it runs counter to foundational canons of interpretation. For space constraints, my argument focuses mainly on Section 21 from the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference (UNCRC Incorporation Bill case) after briefly discussing section 17 of the Scottish Legal Continuity Bill.’

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UK Constitutional Law Association, 20th December 2022


Divisional Court upholds Government’s Rwanda policy – an extended look – UK Human Rights Blog

‘On 14th April of this year, the then-Prime Minister, Boris Johnson, announced a new ‘Migration and Economic Development Partnership’ between the UK Government and the Government of Rwanda to enable the removal of certain persons to who enter the UK to claim asylum (particularly those who arrive in small boats crossing the English Channel) to Rwanda, where – if their claims succeeded – they would be resettled.’

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UK Human Rights Blog, 20th December 2022


Kaylea Titford: Mother admits manslaughter of obese daughter – BBC News

‘A mother has admitted the manslaughter of her teenage daughter after letting her become morbidly obese.’

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BBC News, 20th December 2022


Statutory Instruments –

Posted December 21st, 2022 in legislation by tracey

SI 2022/1377 – The International Development Association (Twentieth Replenishment) Order 2022

SI 2022/1367 – The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022

SI 2022/1381 – The Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) (No. 2) Regulations 2022

SI 2022/1379 – The Civil Legal Aid (Immigration Interviews (Exceptions) and Remuneration) (Amendment) Regulations 2022

SI 2022/1378 – The Health and Safety and Nuclear (Fees) Regulations 2022

SI 2022/1376 – The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2022

SI 2022/1374 – The Official Controls (Extension of Transitional Periods) (Amendment) (England) Regulations 2022

SI 2022/1371 – The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 4) Regulations 2022

SI 2022/1370 – The Criminal Legal Aid (General) (Amendment) Regulations 2022

SI 2022/1361 – The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022

SI 2022/1360 – The Parliamentary Works Sponsor Body (Abolition) Regulations 2022

SI 2022/1359 – The Subsidy Control Act 2022 (Commencement) Regulations 2022

SI 2022/1358 – The Judicial Review and Courts Act 2022 (Commencement No. 2) Regulations 2022

SI 2022/1349 – The Skills and Post-16 Education Act 2022 (Commencement No. 2) (England) Regulations 2022

SI 2022/1390 – The Public Contracts (Amendment) Regulations 2022


Shoreham airshow victims were unlawfully killed, coroner rules – The Guardian

Posted December 21st, 2022 in aircraft, coroners, inquests, news, unlawful killing by sally

‘Eleven men who died after a Hawker Hunter aircraft crashed on to a motorway during an aerial display at the 2015 Shoreham airshow in West Sussex were unlawfully killed, a coroner has ruled.’

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The Guardian, 20th December 2022


BAILII: Recent Decisions

Posted December 21st, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Rodgers v Leeds Laser Cutting Ltd [2022] EWCA Civ 1659 (20 December 2022)

S3D Interactive, Inc. v Oovee Ltd (Rev1) [2022] EWCA Civ 1665 (19 December 2022)

A And B (Children : Summary Return : Non-Convention State) [2022] EWCA Civ 1664 (19 December 2022)

Court of Appeal (Criminal Division)

Cloud, R. v (Rev1) [2022] EWCA Crim 1668 (19 December 2022)

High Court (Administrative Court)

Osborne, R (On the Application Of) v Parole Board for England & Wales [2022] EWHC 3306 (Admin) (20 December 2022)

Wells, R (On the Application Of) v Welwyn Hatfield Borough Council [2022] EWHC 3298 (Admin) (20 December 2022)

The Manchester Ship Canal Company Ltd v Secretary of State for Environment, Food And Rural Affairs & Anor [2022] EWHC 3282 (Admin) (19 December 2022)

AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230 (Admin) (19 December 2022)

Batmanghelidjh v Charity Commission for England and Wales [2022] EWHC 3261 (Admin) (19 December 2022)

High Court (Chancery Division)

Dunward Properties Ltd v Isaac [2022] EWHC 3276 (Ch) (20 December 2022)

Bushby & Anor v Actua Investment Llc (Re Rodus Developments Ltd) [2022] EWHC 3232 (Ch) (20 December 2022)

Brendon International Ltd v Water Plus Ltd & Anor [2022] EWHC 3321 (Ch) (20 December 2022)

High Court (Commercial Court)

Hangzhou Jiudang Asset Management Co Ltd & Anor v Kei [2022] EWHC 3265 (Comm) (19 December 2022)

High Court (King’s Bench Division)

Ismaik v Fadaat Media Ltd [2022] EWHC 3260 (KB) (19 December 2022)

Benford (A Child) v East And North Hertfordshire NHS Trust (Rev1) [2022] EWHC 3263 (KB) (19 December 2022)

Shepherd & Co Solicitors v Brealey [2022] EWHC 3229 (KB) (19 December 2022)

High Court (Technology and Construction Court)

Partakis-Stevens & Anor v Sihan & Ors [2022] EWHC 3249 (TCC) (19 December 2022)


Rwanda Policy Ruled Lawful But ‘Awful’ – Each Other

‘The High Court has ruled that the government’s ‘awful‘ Rwanda policy is lawful. This follows an intervention from the European Court of Human Rights, which in a last-minute ruling stopped any flights under the scheme until the UK’s domestic courts could determine if it was legal. While the policy was ruled legal, eight individual cases will be determined separately and another hearing could be launched in 2023 if an appeal is made.’

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Each Other, 20th December 2022


Councils call for funding, guidance and notice ahead of introduction of Martyn’s Law – Local Government Lawyer

‘The Local Government Association (LGA) has said the Government must ensure funding is made available for the successful implementation of a new law which requires venues to take steps to protect the public from terror attacks.’

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Local Government Lawyer, 20th December 2022