Covid-19 and False Imprisonment – UK Constitutional Law Association

‘The Cambridge Private Law Centre last week hosted its annual Freshfields lecture. Lord Sumption addressed us on “Government by decree—Covid-19 and the Constitution”. This lecture has received considerable media attention and already been mentioned on this blog.’

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UK Constitutional Law Association, 3rd November 2020

Source: ukconstitutionallaw.org

Lockdown challenge — permission refused – UK Human Rights Blog

‘Mr Justice Lewis has refused permission to bring a judicial review in what is arguably the most comprehensive and wide-reaching challenge brought to date to the legality of the lockdown Regulations and the decision to stop providing education on school premises (save for the children of key workers) in R (Dolan and Ors) v Secretary of State for Health and Social Care and Secretary of State for Education [2020] EWHC 1786 (Admin).’

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UK Human Rights Blog, 7th July 2020

Source: ukhumanrightsblog.com

Challenge to Lawfulness of “Lockdown” Regulations: Permission Refused – Coronavirus: Guidance for Lawyers and Businesses

Posted July 7th, 2020 in coronavirus, human rights, judicial review, news, regulations, ultra vires by sally

‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020

Source: lawinthetimeofcorona.wordpress.com

South Shields Football Club 1888 Limited v The Football Association Limited – Blackstone Chambers

‘A legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic has been dismissed. The arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, rejected the challenge brought by South Shields FC, a club sitting in an automatic promotion position at the point of cessation of the season.’

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Blackstone Chambers, 11th June 2020

Source: www.blackstonechambers.com

Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights Act – UK Human Rights Act

Posted June 12th, 2020 in chambers articles, damages, detention, human rights, news, ultra vires by sally

‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’

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UK Human Rights Act, 11th June 2020

Source: ukhumanrightsblog.com

Latest on the Lockdown Challenge in the UK courts – UK Human Rights Blog

‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

Government faces legal action over refusal to publish Sage minutes – The Guardian

‘A millionaire businessman is launching legal action against the government after it refused to disclose minutes of the Sage meetings that informed its decision to impose the coronavirus lockdown.’

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The Guardian, 16th May 2020

Source: www.theguardian.com

UK government faces legal challenge to lockdown from businessman – The Guardian

‘The government is facing a challenge to the legality of the coronavirus lockdown by a wealthy businessman who fears it will kill more people than it saves.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

Appeal judges to rule on legality of Covid-19 practice direction – Litigation Futures

‘The Court of Appeal is to rule on Thursday on the power of the Master of the Rolls (MR) to make an emergency practice direction in response to Covid-19.’

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Litigation Futures, 29th April 2020

Source: www.litigationfutures.com

“Pardonable in the Heat of Crisis – building a solid foundation for action” – UK Human Rights Blog

‘In a paper published today Lord Sandhurst QC and Benet Brandret QC follow up on the previous paper co-authored by Lord Sandhurst QC by making concrete proposals for addressing the issues identified previously (see the previous paper here and our post on it here). It sets out a more concluded position on the doubts as to the vires for SI 2020/350 by explaining why the Statutory Instrument is, indeed, ultra vires, and the need for new legislation. It also sets out routes to put legislation and Guidance on a sound footing.’

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UK Human Rights Blog, 16th April 2020

Source: ukhumanrightsblog.com

Home Secretary may not detain on basis of invalid deportation decision – UK Human Rights Blog

‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Corona-vires: Has the Government exceeded its powers? – UK Human Rights Blog

‘One can appreciate the desire to bypass the cumbersome mechanics of Parliament to save the country from a potentially deadly virus. But in the fullness of time, the resulting Regulations might well be held up as an excellent advertisement for Parliamentary scrutiny.’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation – UK Constitutional Law Association

‘The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and what is the effect of ‘declaring’ the Order in Council which authorized the prorogation of Parliament to be ultra vires. Does it mean prorogation never legally happened? Should Parliament have been in session all along? How is any summoning or recall to take effect?’

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UK Constitutional Law Association, 19th September 2019

Source: ukconstitutionallaw.org

Defamation and church discipline: Otuo – Law and Religion UK

‘In Otuo v Watch Tower Bible and Tract Society of Britain [2019] EWHC 1349 (QB), Mr Otuo had been “disfellowshipped” by the Jehovah’s Witnesses and an announcement to that effect had been made at a meeting of the Wimbledon Congregation [1 & 2]. Further, during a meeting at which he sought to be reinstated, he had recorded surreptitiously one of those present making what he alleged to be a defamatory statement.’

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Law and Religion UK, 20th June 2019

Source: www.lawandreligionuk.com

Recent ruling on Universal Credit – UK Human Rights Blog

‘R (Johnson, Woods, Barrett and Stewart) v SSWP CO/1552/2018 (11 January 2019) – this case was brought by four social security claimants contesting the proper method of calculating the amount of universal credit payable to each claimant under the Universal Credit Regulations 2013. Singh LJ and Lewis J concluded that treating claimants as having “earned” twice as much as they do if they happen to be paid twice within one monthly assessment period is “odd in the extreme” [para 54] and “…. could be said to lead to nonsensical situations” [para 55].’

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UK Human Rights Blog, 15th January 2019

Source: ukhumanrightsblog.com

Ambit of Code of Conduct – Local Government Law

Posted May 24th, 2018 in bullying, harassment, judicial review, local government, news, ultra vires by tracey

‘The main issue in R (Harvey) v Ledbury Town Council (2018) EWHC 1151 (Admin) was an issue as to jurisdiction, namely a dispute between the parties as to whether it was open to the Council to proceed against a member outside its Code of Conduct under the Localism Act 2011 (“the 2011 Act”). Cockerill J held that the Council by doing so acted ultra vires. It was contrary to the intention of Parliament as expressed in the 2011 Act to run a process in tandem with or as an alternative to the Code of Conduct process envisaged by the 2011 Act.’

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Local Government Law, 23rd May 2018

Source: local-government-law.11kbw.com

Council “did not have vires to lease part of common to pre-school nursery” – Local Government Lawyer

Posted May 24th, 2018 in commons, education, leases, local government, news, ultra vires by tracey

‘The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.’

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Local Government Lawyer, 23rd May 2018

Source: www.localgovernmentlawyer.co.uk

Fee change: all change? – New Law Journal

‘Alex Hawley reflects on the rise in anti-austerity sentiment & the possible impact of the Unison judgment on civil court fees.’

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New Law Journal, 15th September 2017

Source: www.newlawjournal.co.uk

Judge finds council sold seafront land at undervalue but refuses to quash decision – Local Government Lawyer

Posted February 16th, 2017 in consultations, local government, news, sale of land, ultra vires, valuation by sally

‘Canterbury City Council sold land on the seafront in Whitstable to a property developer for less than best consideration but the case was not appropriate for a quashing order, a High Court judge has ruled.’

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Local Government Lawyer, 15th February 2017

Source: www.localgovernmentlawyer.co.uk

Junior doctors take contract fight to high court – BBC News

Posted September 19th, 2016 in contracts, doctors, industrial action, ministers' powers and duties, news, ultra vires by tracey

‘Junior doctors in England are going to the High Court to try and stop the government imposing a new contract.’

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BBC News, 19th September 2016

Source: www.bbc.co.uk