Liberties, Customs and the Free Flow of Trade (PDF)
Speech by the Master of the Rolls
4th Annual British Irish Commercial Law Forum, 23rd April 2015
Source: www.judiciary.gov.uk
Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168
‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.
WLR Daily, 17th March 2015
Source: www.iclr.co.uk
‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’
Law Society’s Gazette, 20th April 2015
Source: www.lawgazette.co.uk
‘The Law Society has rowed back from seeking a judicial review of the recent court fee increases, citing counsel’s opinion.’
Litigation Futures, 9th April 2015
Source: www.litigationfutures.com
Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157
‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’
WLR Daily, 31st March 2015
Source: www.iclr.co.uk
‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
‘On Thursday 26th March the Supreme Court concluded, to the delight of The Guardian and the dismay of the Prime Minister, that communications between Prince Charles and government Ministers – the so-called ‘black spider memos’ – should be released. This has been a long saga, involving issues of freedom of information, discussion of constitutional conventions surrounding the behaviour of a Monarch in training, which now also includes the principle of legality and the nature of the relationship between parliamentary sovereignty and the rule of law. Such a cornucopia of delights for constitutional lawyers guarantees that the case has earned its place in the ‘Constitutional law Case list Hall of Fame’, with the promise of further delight as the memos, once released and savoured, cast an insight into the relationship between the Crown and the Government.’
UK Constitutional Law Association, 31st March 2015
Source: www.ukconstitutionallaw.org
‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 31st March 2015
Source: www.localgovernmentlawyer.co.uk
‘The definition of “nursing care by a registered nurse” in section 49 of the Health and Social Care Act 2001 was not a task based definition which restricted “services” to the tasks which only a registered nurse could perform.’
WLR Daily, 11th March 2015
Source: www.iclr.co.uk
‘An appeal by way of case stated to the High Court pursuant to section 111 of the Magistrates’ Courts Act 1980, rather than a challenge by way of judicial review, was generally the appropriate way in which to challenge a decision of a magistrates’ court dismissing an appeal under section 91E of the Sexual Offences Act 2003 against an unsuccessful review of an order requiring a sexual offender to comply with the notification requirements under the Act indefinitely.’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
‘The Royal Borough of Greenwich is to bring judicial review proceedings after the Communities Secretary earlier this month served the authority with a direction requiring it to cut publication of its weekly newspaper.’
Local Government Lawyer, 24th March 2015
Source: www.localgovernment.co.uk
‘The religious ethos of one of England’s oldest state-funded Catholic boys’ schools is at risk after an education watchdog attacked its admissions code, the high court has heard.’
The Guardian, 24th March 2015
Source: www.guardian.co.uk
‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’
UK Human Rights Blog, 23rd March 2015
Source: www.ukhumanrightsblog.com
Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131
‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’
WLR Daily, 18th March 2015
Source: www.iclr.co.uk
‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’
WLR Daily, 18th March 2015
Source: www.iclr.co.uk
‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’
UK Constitutional Law Association, 20th March 2015
Source: www.constitutionallaw.org
‘Innocent victims of miscarriages of justice are “languishing in jail” due to delays and faults in the case review system, according to MPs behind a hard-hitting report to be published this week.’
Full story
The Independent, 22nd March 2015
Source: www.independent.co.uk
‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’
Law Society’s Gazette, 19th March 2015
Source: www.lawgazette.co.uk
‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’
Free Movement, 19th March 2015
Source: www.freemovement.org.uk
‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’
WLR Daily, 3rd March 2015
Source: www.iclr.co.uk
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