Judges ‘not always best placed’ to decide public interest – Law Society’s Gazette

‘Politicians are sometimes better placed than judges to decide what is in the public interest in disputes over freedom of information, the government’s most senior lawyer has said.’

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Law Society’s Gazette, 9th February 2016

Source: www.lawgazette.co.uk

Regina (Cruelty Free International) v Secretary of State for the Home Department – WLR Daily

Regina (Cruelty Free International) v Secretary of State for the Home Department [2015] EWHC 3631 (Admin); [2015] WLR (D) 556

‘Nothing in section 18(2) or (2A) of the Animals (Scientific Procedures) Act 1986 required the Secretary of State or someone acting under delegated authority to wait for an inspector’s report before taking any decision against the licence holder.’

WLR Daily, 14th December 2016

Source: www.iclr.co.uk

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193; [2015] WLR (D) 480

‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Jack Straw and senior spy could avoid torture prosecution – The Guardian

‘The former foreign secretary Jack Straw and Sir Mark Allen, a former senior MI6 officer, could avoid prosecution over complicity in the rendition and torture of two Libyan dissidents by claiming immunity, the supreme court has been told.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

Giving judges power to grant spying warrants instead of ministers would be ‘glib’ says ex anti-terror adviser – The Independent

‘Putting judges in charge of issuing surveillance warrants would fail because they lack the sufficient knowledge of national security issues, the Government’s former anti-terror adviser has said.’

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The Independent, 2nd November 2015

Source: www.independent.co.uk

Human rights group challenges Government’s change to ministerial code – Daily Telegraph

‘Rights Watch UK describes the Government’s bid to the change the code – which sets out standards expected from ministers – to disregard international law was ‘seriously concerning’.’

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Daily Telegraph, 26th October 2015

Source: www.telegraph.co.uk

Lawyers express concern over ministerial code rewrite – The Guardian

‘Conservative ministers have been accused of quietly abandoning the longstanding principle that members of the government should be bound by international law.’

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The Guardian, 22nd October 2015

Source: www.guardian.co.uk

Regina (Nour) v Secretary of State for Defence – WLR Daily

Regina (Nour) v Secretary of State for Defence [2015] EWHC 2543 (Admin); [2015] WLR (D) 392

‘An assessment made by the Secretary of State for Defence under the Government’s Overseas Security and Justice Assistance Guidance was justiciable and subject to the courts’ power of review, save with regard to the assessment of political or reputational risk involved in such assistance. The court would not interfere with an assessment or its conclusion unless satisfied that they were irrational in the Wednesbury sense and ones that no reasonable decision-maker could have made.’

WLR Daily, 28th September 2015

Source: www.iclr.co.uk

A duty to facilitate an individual’s release – No. 5 Chambers

‘The below article by Philip Rule, barrister at No5 Chambers, aims to offer a new potential for those with learning disability and/or autism, their families, and the many charities and NGOs that fight for the rights of these groups, to ensure things are improved for such individuals.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Judge quashes decision by Pickles refusing permission for gypsy site – Local Government Lawyer

Posted August 26th, 2015 in inquiries, ministers' powers and duties, news, planning, travellers by sally

‘A High Court judge has quashed a decision by the former Communities Secretary Eric Pickles to refuse planning permission for a site where a gypsy and his family have lived since 2008.’

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Local Government Lawyer, 25th August 2015

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns prison absconder policy ruling – BBC News

‘A High Court decision that it was unlawful for the government to ban inmates with a history of absconding from being transferred to open prisons has been overturned.

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BBC News, 23rd July 2015

Source: www.bbc.co.uk

International students – Education Law Blog

‘R (London College of Finance and Accounting) v Secretary of State for the Home Department (2015) EWHC 1688 (Admin) is yet another decision on an attempted judicial review of the suspension and/or revocation of a Tier 4 Sponsor Licence. The power of the Secretary of State (“the SoS”) to issue and regulate Tier 4 Sponsor Licences is one of a range of ancillary and incidental administrative powers vested in the SoS. The regime is effectively run by the ‘UK Visas and Immigration’ (“UKVI”) section within the Home Office and its operation is governed not by the Immigration Act 1971 itself, but within policy guidance documentation (‘Sponsor Guidance’) which is issued and amended on behalf of the SoS with “bewildering frequency” (per Lord Sumption in New London College).’

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Education Law Blog, 18th June 2015

Source: www.education11kbw.com

Leon Brittan and Geoffrey Dickens’ notes from 1980s released – BBC News

‘Letters from the 1980s have been released, in which MP Geoffrey Dickens called for then-Home Secretary Leon Brittan to ban a pro-paedophilia group.’

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BBC News, 4th June 2015

Source: www.bbc.co.uk

‘Black Spiders’ case shows need for guidance on FOI veto powers – OUT-LAW.com

‘The UK government must give new guidance to public authorities on when government ministers can exercise powers of veto to prevent the disclosure of information under freedom of information (FOI) laws.’
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OUT-LAW.com, 2nd June 2015

Source: www.out-law.com

SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Pham (Appellant) v Secretary of State for the Home Department (Respondent) [2015] UKSC 19 (YouTube)

Supreme Court, 25th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’

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UK Human Rights Blog, 10th April 2015

Source: www.ukhumanrightsblog.com

Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

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The Guardian, 5th April 2015

Source: www.guardian.co.uk

Why Evans gets the spiders – Panopticon

‘The Supreme Court’s judgment in R (Evans) v Attorney General [2015] UKSC 21 has received vast amounts of media coverage – more in a single day than everything else about FOI has received in ten years, I reckon. No need to explain what the case was about – the upshot is that Rob Evans gets Prince Charles’ ‘black spider’ letters. Here’s why.’

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Panopticon, 26th March 2015

Source: www.panopticonblog.com

Regina (Black) v Secretary of State for Justice – WLR Daily

Posted March 10th, 2015 in health, law reports, ministers' powers and duties, prisons, regulations, smoking by tracey

Regina (Black) v Secretary of State for Justice: [2015] EWHC 528 (Admin); [2015] WLR (D) 105

‘The provisions of Chapter 1 of Part 1 of the Health Act 2006 were, by necessary implication, binding on the Crown and so applied to all public places and workplaces within its scope for which the Crown was responsible, including state run prisons.’

WLR Daily, 5th March 2015

Source: www.iclr.co.uk