Court castigates Home Office over misuse of immigration law – The Guardian

Posted April 17th, 2019 in immigration, ministers' powers and duties, news, taxation, terrorism by tracey

‘The appeal court has issued a damning judgment criticising the Home Office’s process in using a terrorism-related paragraph of immigration law as “legally flawed” and ruling it must be changed.’

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The Guardian, 16th April 2019

Source: www.theguardian.com

Minister apologises to couple wrongly accused of sham marriage – The Guardian

‘A Home Office minister has apologised to a couple wrongly accused of entering a sham marriage, amid condemnation by politicians and human rights campaigners over the treatment of genuine couples.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

David Howarth: Westminster versus Whitehall: Two Incompatible Views of the Constitution – UK Constitutional Law Association

Posted April 11th, 2019 in brexit, constitutional law, ministers' powers and duties, news, parliament by sally

‘Lawyers like to make as much sense as possible of the material in front of them, transforming it, if they can, from a jumble of decisions and remarks into a coherent whole. For constitutional lawyers that habit of mind is both a blessing and a curse. It is a blessing because it causes lawyers to look for subtleties others miss (albeit sometimes subtleties they themselves create). It is a curse because when the material is generated by underlying mechanisms and ideas that fundamentally conflict, it leaves lawyers at a loss, or, worse, going round in circles.’

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UK Constitutional Law Association, 10th April 2019

Source: ukconstitutionallaw.org

Could ministerial advice to the Queen to prorogue Parliament or to refuse assent to a Parliamentary Bill be challenged in the courts? – Brexit Law

‘This post continues the debate that has arisen following recent Parliamentary efforts to seize the initiative from the Government to avoid a no-deal Brexit, in particular the Cooper- Letwin Bill, and certain proposals that have emerged by which it is suggested the Government could thwart these efforts.’

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Brexit Law, 8th April 2019

Source: brexit.law

High Court suspends Home Office deportations policy – UK Human Rights Blog

Posted March 22nd, 2019 in deportation, immigration, injunctions, ministers' powers and duties, news by tracey

‘R (Medical Justice) v Secretary of State for the Home Department [2019] CO/543/2019. The High Court delivered the latest in a series of blows to the Government’s “hostile environment” immigration policy on Thursday. Walker J granted Medical Justice an interim injunction which will prevent the Home Office from removing or deporting people from the country without notice.’

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UK Human Rights Blog, 21st March 2019

Source: ukhumanrightsblog.com

DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer

‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Sajid Javid can deport mother of FGM risk girl, judge decides – BBC News

‘The Home Secretary cannot be barred from deporting a failed asylum seeker whose daughter would be at risk of female genital mutilation (FGM) if taken abroad, a senior judge decided.’

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BBC News, 5th March 2019

Source: www.bbc.co.uk

Government faces High Court action over children’s rights – BBC News

Posted February 22nd, 2019 in children, judicial review, ministers' powers and duties, news, social services by tracey

‘A children’s charity is taking High Court action against the government over its claims that some protections of children in care are “myths”. The Article 39 charity is seeking a judicial review of Department for Education guidance to local councils responsible for vulnerable children.’

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BBC News, 22nd February 2019

Source: www.bbc.co.uk

Alexandra Sinclair and Joe Tomlinson: Deleting the Administrative State? – UK Constitutional Law Association

Posted February 8th, 2019 in brexit, EC law, ministers' powers and duties, news, regulations by sally

‘A key public law discussion in recent months concerns the vast number of statutory instruments (SIs) government is using to implement Brexit. Initially, it was said by government that c.800-1,000 SIs were required. That estimate has now been revised down to c.600 (while the estimated number of SIs has decreased the size of individual SIs has also increased). This aspect of the Brexit process is worthy of study for multiple reasons, perhaps most notably because of the level of democratic scrutiny that will be (realistically) provided. In this post, we introduce one aspect of Brexit SIs that, we argue, is worthy of close attention by public lawyers: the deletion of administrative functions.’

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UK Constitutional Law Association, 7th February 2019

Source: ukconstitutionallaw.org

s35 FOIA Updates from the Upper Tribunal – Panopticon

‘A couple of recent Upper Tribunal cases have been handed down on the section 35(1) FOIA exemption for the formulation or development of government policy and for Ministerial communications. Both concern documents produced at the highest levels of Government. Both nudge the jurisprudence on a little bit, and both are worth being aware of for those concerned.’

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Panoptiocn, 14th January 2018

Source: panopticonblog.com

High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions – Garden Court Chambers

‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’

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Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk

Carl Sargeant’s widow wins high court bid to challenge inquiry into his sacking – The Guardian

‘The widow of a former Welsh government minister, who was found dead while he was facing sexual misconduct allegations, has won a high court bid to challenge the legality of an inquiry into his sacking.’

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The Guardian, 13th November 2018

Source: www.theguardian.com

Welsh policy on FE provision for young people with learning difficulties “lawful” – Local Government Lawyer

‘Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability, a High Court judge has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Ministers accused of issuing ‘torture warrants’ to spies – The Guardian

‘Ministers are routinely providing legal cover for the intelligence services where there is a possibility of information being extracted through torture abroad, under a so-called “James Bond clause”, a human rights group has alleged.’

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The Guardian, 6th September 2018

Source: www.theguardian.com

The government knew about horrific conditions at Birmingham prison, but didn’t care – The Guardian

Posted August 21st, 2018 in ministers' powers and duties, news, prisons, reports by sally

‘The chief inspector of prisons’ shocking report on HMP Birmingham shows that our prison estate is out of the control of authorities. The report found that inmates used drink, drugs and violence systematically. Prison gangs perpetrating violence could do so “with near impunity”. Staff experienced widespread bullying. While the inspectors were on site they witnessed an arson attack on a car in a staff car park.’

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The Guardian, 20th August 2018

Source: www.theguardian.com

British expats in EU launch Brexit legal challenge – The Guardian

‘British expatriates have launched a fresh legal challenge against the 2016 referendum, arguing that the result has been invalidated by the Electoral Commission’s ruling on leave campaign spending.’

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The Guardian, 14th August 2018

Source: www.theguardian.com

High Court: Gauke breached principle of judicial independence – Law Society’s Gazette

Posted August 13th, 2018 in judiciary, ministers' powers and duties, Ministry of Justice, news, parole by sally

‘The parole board’s tenure arrangements ‘continue to fail the test of objective independence’ – a High Court judge has said in a ruling that also critcised the actions of justice secretary David Gauke leading up to the departure of its former chair as ‘not acceptable’.’

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Law Society's Gazette, 10th August 2018

Source: www.lawgazette.co.uk

Justice secretary wrong to push Parole Board chair to quit, judge rules – The Guardian

‘A high court judge has ruled it was unacceptable for the justice secretary to pressurise the Parole Board chair Nick Hardwick into resigning, and that the board lacks independence from the government.’

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The Guardian, 9th August 2018

Source: www.theguardian.com

Privacy International v Secretary of State for Foreign & Commonwealth Affairs & ors – Blackstone Chambers

‘The Investigatory Powers Tribunal has given its third judgment in this case concerning the collection and use of bulk communications data (‘BCD’) and bulk personal datasets (‘BPD’) by the Security and Intelligence Agencies (MI5, MI6 and GCHQ – the ‘SIAs’).’

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Blackstone Chambers, 21st July 2018

Source: www.blackstonechambers.com

Appeal court rules that ministerial code does not dilute human rights – The Guardian

‘Human rights campaigners have lost a challenge against Theresa May in the high court in which she was accused of abandoning the longstanding principle that members of the government should be bound by international law.’

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The Guardian, 1st August 2018

Source: www.theguardian.com