New Judgment: R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

Colin Pitchfork: MP to meet Raab over double child killer’s parole – BBC News

Posted March 2nd, 2023 in ministers' powers and duties, murder, news, parole, rape by tracey

‘Justice Secretary Dominic Raab has agreed to meet a Leicestershire MP to discuss concerns over the possible release of Colin Pitchfork.’

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BBC News, 1st March 2023

Source: www.bbc.co.uk

Anti-strike bill discriminates against women, say campaigners – The Guardian

‘Feminist campaign groups have raised the alarm about the government’s anti-strike bill, which will enforce minimum service levels, saying women’s rights will be disproportionately affected by the restrictions.’

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The Guardian, 21st February 2023

Source: www.theguardian.com

Lord Pannick: Meet the lawyer representing Boris Johnson and Manchester City – BBC News

‘How often does a member of the House of Lords get cheered from the football terraces?’

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BBC News, 14th February 2023

Source: www.bbc.co.uk

Judge lambasts education secretary over lack of secure places for children – The Guardian

‘The country’s most senior family judge has accused the education secretary of “complacency bordering on cynicism” in a scathing judgment that deplores the lack of secure, therapeutic placements in England and Wales for scores of children with complex needs at risk of taking their own lives.’

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The Guardian, 31st January 2023

Source: www.theguardian.com

Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer

‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’

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Local Government Lawyer, 31st October 2022

Source: www.localgovernmentlawyer.co.uk

Michael Foran: Prime Ministers, Party Members, and the Efficient Secret – UK Constitutional Law Association

‘The office of Prime Minister is a creature entirely of constitutional convention. While legislation references the office itself, setting out pay for example, this is only statutory recognition of the existence of an office which arises purely by virtue of convention. It is by convention that the Monarch appoints as Prime Minister someone who is capable of commanding the confidence of the House of Commons and it is by convention that he exercises certain prerogative powers only on the advice of the Prime Minister (or another minister in his government). The mechanism for choosing a Prime Minister is, however, not entirely covered by convention. While they must command the confidence of a majority of MPs in the Commons, it is not necessary that they be chosen directly by the Commons. This is because of the party system and the presumption that the leader of a given party has the confidence of their MPs, even if they might not always have their full support.’

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UK Constitutional Law Association, 26th October 2022

Source: ukconstitutionallaw.org

Home Office reclassifies modern slavery as illegal immigration issue – The Guardian

‘The Home Office has taken the modern slavery brief away from the minister responsible for safeguarding and classed it as an “illegal immigration and asylum” issue, updated online ministerial profiles show.’

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The Guardian, 13th October 2022

Source: www.theguardian.com

Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row

‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’

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33 Bedford Row, 17th August 2022

Source: www.33bedfordrow.co.uk

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

Source: ukconstitutionallaw.org

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

Source: eachother.org.uk

Stefan Theil: Henry VIII on steroids – executive overreach in the Bill of Rights Bill – UK Constitutional Law Association

‘Constitutional bombshells do not come along very often, most change is incremental and piecemeal – or at least that was the conventional wisdom that prevailed on the UK constitution for many decades. More recently, it appears that scarcely a month passes without suggestions, discussions, proposals, or enactments of far-reaching constitutional reforms – whether through government consultations, changes to the ministerial code, the political and legal constitution and devolution, or bills specifically introduced into Parliament to break international law.’

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UK Constitutional Law Association, 6th July 2022

Source: ukconstitutionallaw.org

Legislation aims to shield UK internet users from state-backed disinformation – The Guardian

‘Tech firms will be required to shield internet users from state-sponsored disinformation posing a threat to UK society and democracy, under changes to a landmark online safety bill.’

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The Guardian, 4th July 2022

Source: www.theguardian.com

Government will not challenge court ruling on care home discharge policies – The Independent

‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’

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The Independent, 4th May 2022

Source: www.independent.co.uk

Mike Gordon: The Prime Minister, the Parties, and the Ministerial Code – UK Constitutional Law Association

‘The current Prime Minister’s long running battle with the Seven Principles of Public Life continues to gather pace. Boris Johnson’s actions relating to the pandemic “partygate” scandal have arguably violated each of the principles established by the Nolan Committee in 1995: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The Prime Minister’s full house of ethical violations concerning his attendance and subsequent denials of social gatherings held in Downing Street, contrary to lockdown restrictions, have also yielded Fixed Penalty Notices from the police for him, his Chancellor, his wife, and other government officials, with the prospect of more to follow. Yet the Prime Minister remains committed to staying in post, and has refused to resign.’

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UK Constitutional Law Association, 27th April 2022

Source: ukconstitutionallaw.org

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

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UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Toughen up rules on ministers’ conduct, says standards watchdog – BBC News

‘The rules governing the conduct of ministers and senior civil servants need to be toughened up, according to a new report.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

High Court refuses fresh inquest in welfare benefits case – UK Human Rights Blog

‘In Dove v HM Assistant Coroner to Teeside and Hartlepool & Anor [2021] EWHC 2511, the High Court considered the State’s obligations under article 2 ECHR with respect to those in receipt of welfare benefits as well as the scope of coronial inquiries both where article 2 is and isn’t engaged. Although it was argued that failings by the Department of Work and Pensions were relevant to a death by suicide, a fresh inquest was refused in the circumstances.’

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UK Human Rights Blog, 13th October 2021

Source: ukhumanrightsblog.com

R (Rowley) v Minister for the Cabinet Office – Equality Law Blog

‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

The police bill is not about law and order – it’s about state control – The Guardian

‘Tucked away in the government’s 300-page police, crime, sentencing and courts bill, are various clauses which will have serious implications for the right to protest. The bill seeks to quietly criminalise “serious annoyance”, increase police powers to restrict protests, and give the home secretary discretion over what types of protests are allowed.’

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The Guardian, 9th August 2021

Source: www.theguardian.com