John Major’s lawyer attacks No 10 prorogation claims as ‘misleading’ – The Guardian

‘Downing Street put out “misleading” statements about the prorogation of parliament and published excuses for Boris Johnson’s five-week suspension of the Commons that are “not the true reasons”, the supreme court has been told by a lawyer for the former prime minister John Major.’

Full Story

The Guardian, 19th September 2019

Source: www.theguardian.com

Supreme Court: What happened in the suspension of Parliament case? – BBC News

‘This was no ordinary court case. The battle in the Supreme Court over the shutdown of Parliament is a historic test of the powers of the prime minister, MPs and the courts.’

Full Story

BBC News, 19th September 2019

Source: www.bbc.co.uk

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

Full Story

BBC News, 4th September 2019

Source: www.bbc.co.uk

Former top judge lambasts Grayling and Truss in memoir – The Guardian

‘The former lord chancellor Chris Grayling “never believed access to social justice” was important while Liz Truss was a “disaster” in the same role, according to a highly revealing memoir by one of the country’s most senior, recently retired judges.’

Full Story

The Guardian, 21st August 2019

Source: www.theguardian.com

Windrush victims still waiting for payments from Home Office – The Guardian

‘The government has still made no compensation payments to Windrush victims and has failed to introduce legislation that would allow damages to be paid, 15 months after Theresa May apologised for the scandal and promised a financial settlement.’

Full Story

The Guardian, 4th July 2019

Source: www.theguardian.com

Home Secretary apologises to members of Windrush generation – Home Office

‘The Home Secretary has written 46 letters to people who were sanctioned under compliant environment policies and 7 to people with criminal convictions who were held under immigration detention powers at the end of their prison sentence.’

Full press release

Home Office, 10th June 2019

Source: www.gov.uk/home-office

EU citizens’ voting rights: ministers accused of ‘shocking complacency’ – The Guardian

‘The government has been accused of “shocking complacency” over the European election voting rights controversy as new data revealed that as few as one in 10 EU citizens were able to cast their vote in some areas of Britain.’

Full Story

The Guardian, 4th June 2019

Source: www.theguardian.com

UK’s Top Spy Watchdog Steps Down, Commits To Review ‘Torture Loophole’ By October – Rights Info

Posted June 3rd, 2019 in intelligence services, ministers' powers and duties, news, torture by sally

‘The UK’s top spy watchdog has announced he will be stepping down in October, a week after a secret policy allowing ministers to approve actions that could lead to torture was revealed.’

Full Story

Rights Info, 31st May 2019

Source: rightsinfo.org

Sajid Javid accused of ‘human fly-tipping’ in Shamima Begum case – The Guardian

‘A lawyer for Shamima Begum’s family has accused Sajid Javid of cancelling the citizenship of the teenager who joined Islamic State to further his ambitions of becoming prime minister, describing the case as “human fly-tipping”.’

Full Story

The Guardian, 31st May 2019

Source: www.theguardian.com

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk