Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row

‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’

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33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk

Legal action taken against PM over refusal to investigate Kremlin meddling – The Guardian

‘A cross-party group of MPs and peers including a former national security adviser are taking legal action against Boris Johnson over his government’s refusal to order an inquiry into Russian interference in UK elections.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association

Posted October 29th, 2020 in coronavirus, judicial review, ministers' powers and duties, news, regulations by sally

‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’

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UK Constitutional Law Association, 28th October 2020

Source: ukconstitutionallaw.org

Home Office Removals Policy Unlawful, holds Court of Appeal – UK Human Rights Blog

Posted October 27th, 2020 in deportation, human rights, immigration, ministers' powers and duties, news by sally

‘On 21/10/2020, the Court of Appeal ruled that the Home Office’s removal window policy (“the Policy”) was unlawful. The Policy incorporated an unacceptable risk of interference with the right of access to court by exposing a category of irregular migrants — including those who have claims in respect of their right to life and/or freedom from torture and inhuman or degrading treatment — to the risk of removal without any proper opportunity to challenge a relevant decision in a court or tribunal.’

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UK Human Rights Blog, 27th October 2020

Source: ukhumanrightsblog.com

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

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UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Appeal court quashes UK policy of removing migrants with little warning – The Guardian

Posted October 22nd, 2020 in appeals, human rights, immigration, ministers' powers and duties, news by sally

‘The court of appeal has quashed a Home Office policy of removing migrants from the UK without access to justice.’

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The Guardian, 21st October 2020

Source: www.theguardian.com

Supreme Court rejects application for permission to appeal ruling on allotments appropriation and ministerial consent – Local Government Lawyer

‘The Supreme Court has refused permission to appeal a Court of Appeal ruling that land used for allotments for more than 80 years had not been subject of an appropriation for that use and so a council could dispose of the land without the consent of the Secretary of State, it has emerged.’

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Local Government Lawyer, 19th October 2020

Source: www.localgovernmentlawyer.co.uk

Brexit strategy risks UK ‘dictatorship’, says ex-president of supreme court – The Guardian

Posted October 8th, 2020 in bills, brexit, judges, ministers' powers and duties, news, parliament by tracey

‘Lord Neuberger condemns internal market bill for exempting some of its powers from legal challenge.’

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The Guardian, 7th October 2020

Source: www.theguardian.com

UK court overturns ruling on $1.8bn of Venezuelan gold – The Guardian

‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

Labour comes out strongly against judicial review reform – Litigation Futures

Posted September 8th, 2020 in judicial review, ministers' powers and duties, news, political parties by sally

‘Government plans to reform judicial review come from the “same authoritarian playbook” as anti-democratic measures taken by the Hungarian and Polish governments, Labour’s legal spokesmen have argued.’

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Litigation Futures, 7th September 2020

Source: www.litigationfutures.com

Windrush payout scheme not fit for purpose, say lawyers – The Guardian

‘The Windrush compensation scheme is failing to provide access to justice and is worsening people’s trauma, according to a letter sent from nine law firms to the home secretary.’

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The Guardian, 27th August 2020

Source: www.theguardian.com

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

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Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Immigration Bail policy found systemically unfair – UK Human Rights Blog

Posted July 30th, 2020 in bail, housing, immigration, ministers' powers and duties, news by sally

‘In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.’

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UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

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UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org

The Digitisation of Welfare and Irrationality Review: SSWP v Johnson – Oxford Human Rights Hub

‘In Secretary of State for Work and Pensions v Johnson & Ors [2020] EWCA Civ 778, the England & Wales Court of Appeal took the uncommon step of holding an executive decision unlawful for Wednesbury irrationality. Johnson highlights that irrationality is not merely a desperate ground of last resort for judicial review applicants. The case is also an important illustration of how substantive review may be relied upon by those affected by the digitisation of welfare.’

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Oxford Human Rights Hub, 30th June 2020

Source: ohrh.law.ox.ac.uk

Iraq veterans urged to join group action against MoD – Litigation Futures

‘Claims on behalf of British soldiers falsely accused of brutality and abuses against Iraqi civilians have added to this week’s rush of group actions.’

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Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Nyasha Weinberg and Claudia Pagliari: Covid-19 reveals the need to review the transparency and independence of scientific advice – UK Constitutional Law Association

Posted June 16th, 2020 in coronavirus, health, ministers' powers and duties, news by sally

‘The tragedy of Covid-19 demonstrates the profound, life-saving, importance of good advice. It is essential that the governance system enables the best possible provision of scientific advice, a mechanism for correcting sub-optimal advice, and clarity around the difference between scientific advice and political decision making.’

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UK Constitutional Law Association, 16th June 2020

Source: ukconstitutionallaw.org

“The Law of Humanity”: Home Office no recourse to public funds policy ruled unlawful – UK Human Rights Blog

‘In this judgment on the Home Secretary’s “no recourse to public funds” (NRPF) policy, the Divisional Court of the Queen’s Bench Division has confirmed that it does, citing authority going back to the time of the poor laws.’

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UK Human Rights Blog, 3rd June 2020

Source: ukhumanrightsblog.com

‘I lost my father to Covid-19. Now I’m taking legal action against the UK government’ – The Guardian

‘Dr Minesh Talati wants accountability not just for his father’s death, but the other coronavirus victims who didn’t need to die.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com