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

How Does New Brexit Secretary Dominic Raab Stack Up On Human Rights? – Rights Info

‘In a shock resignation at almost midnight, one of the leading figures responsible for Brexit negotiations has quit his cabinet post.’

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Rights Info, 9th July 2018

Source: rightsinfo.org

Appeal judges uphold ruling on ministerial failure to take into account earlier decision – Local Government Lawyer

Posted June 21st, 2018 in appeals, ministers' powers and duties, news, planning by sally

‘The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.’

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Local Government Lawyer, 20th June 2018

Source: www.localgovernmentlawyer.co.uk

Government wins appeal over LGPS and guidance on boycotts and divestment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by the government over a ruling that the Communities Secretary acted unlawfully when he issued statutory guidance on the investment strategy for the local government pension scheme (LGPS) that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries.’

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Local Government Lawyer, 8th June 2018

Source: www.localgovernmentlawyer.co.uk

Councils mull legal action over government direction to cut newspaper editions – Local Government Lawyer

‘Two London boroughs are considering whether to launch a judicial review challenge to directions by the government requiring them to only publish four issues of their newspapers a year, it has emerged.’

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Local Government Lawyer, 4th June 2018

Source: www.localgovernmentlawyer.co.uk

New internet laws pledged as social media firms snub talks – BBC News

Posted May 21st, 2018 in bills, data protection, internet, ministers' powers and duties, news by sally

‘The culture secretary has agreed he does not have enough power to police social media firms after admitting only four of 14 invited to talks showed up.’

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BBC News, 20th May 2018

Source: www.bbc.co.uk

UK ministers blocking appointments to rights watchdog, say lawyers – The Guardian

‘The Equality and Human Rights Commission is running short of board members and struggling to fulfil its duties because, lawyers allege, ministers are repeatedly vetoing appointments on political grounds.’

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The Guardian, 18th December 2017

Source: www.theguardian.com

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 1) – UK Constitutional Law Association

‘Two recent Court of Appeal decisions raise some interesting constitutional questions about the status of Tribunals in the UK legal system. This post (in two parts) seeks to explore some of the implications and suggests that a key constitutional principle, the separation of powers, has once again been neglected. The two cases are Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and R (Privacy International) v Investigatory Powers Tribunal (‘Privacy International’). Privacy International has received considerably more coverage than Roszkowski and is rumoured to be on the way to the Supreme Court. It has already been addressed on this blog by Thomas Fairclough and elsewhere by Mark Elliott. Roszkowski explores the implications of an important and controversial Supreme Court case, R (Evans) v Attorney General (‘Evans’) and contains some critical comment on the reasoning of Lord Neuberger in that case.’

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UK Constitutional Law Association, 8th December 2017

Source: ukconstitutionallaw.org

Prison inspectors given powers to alert minister to urgent problems – The Guardian

Posted November 30th, 2017 in ministers' powers and duties, news, notification, prisons, reports by sally

‘The justice secretary, David Lidington, has unveiled a series of measures that the government hopes will urgently tackle failing prisons in England and Wales. From Thursday, the chief inspector of prisons has been given new powers to alert the justice secretary directly of any urgent and severe problems he finds during a jail inspection.’

Full press release

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The Guardian, 30th November 2017

Source: www.theguardian.com

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

Foreign Office wants rendition case against Jack Straw to be held in private – The Guardian

‘The Foreign Office is asking the high court to sit in secret when former foreign secretary Jack Straw faces a damages claim over his alleged role in the abduction and torture of a Libyan dissident and his pregnant wife.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Jeremy Hunt and NHS ‘delayed telling patients’ about mislaid confidential documents after private firm blunder – The Independent

Posted June 27th, 2017 in data protection, health, ministers' powers and duties, news, privacy, reports by sally

‘Jeremy Hunt has been accused of leaving Parliament and patients in the dark after hundreds of thousands of pieces of confidential medical correspondence was discovered “languishing in a warehouse”. At least 1,700 patients may have been harmed by the major blunder, according to a new report into the incident from the National Audit Office (NAO).’

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The Independent, 27th June 2017

Source: www.independent.co.uk