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

Justice for everyone: another Grayling reform bites the dust – UK Human Rights Blog

‘R (on the application of Public Law Project) v Lord Chancellor [2016] UKSC 39.
Supreme Court bins the Government’s residence test for legal aid as ultra vires: just as the latest non-lawyer assumes the role of Lord Chancellor, the reforms made by the first non-lawyer to assume that role continue to fade away.’

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UK Human Rights Blog, 14th July 2016

Source: www.ukhumanrightsblog.com

First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

Supreme Court to give reasons for allowing appeal over legal aid residence test – Local Government Lawyer

‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’

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Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin) – WLR Daily

Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin)

‘In August 2013 the appellant was engaged on an hourly paid fixed term contract as a lecturer by a further education establishment. In November 2013 he was suspended from work, pending the outcome of an internal investigation, following a complaint of alleged inappropriate behaviour by the appellant towards a part-time 17-year-old learner in his class. The appellant resigned before the conclusion of the internal disciplinary hearing. In May 2015 allegations of unacceptable professional conduct in relation to the complaint were formally referred to the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State for Education. At that time there was no evidence that the appellant was teaching or engaged to teach anywhere. In February 2016 a professional conduct panel of the NCTL found the appellant guilty of unacceptable professional conduct and recommended that the Secretary of State impose an indefinite prohibition order. The NCTL later became aware that the appellant had worked as a school teacher from January to March 2016, ceasing a few days before he received the prohibition order. ‘

WLR Daily, 29th June 2016

Source: www.iclr.co.uk

Defining the Boundary Between European and National Law – Six Pump Court

Posted June 15th, 2016 in constitutional law, EC law, jurisdiction, news, ultra vires by sally

‘Increasing emphasis has recently been placed by Leave campaigners on the argument that Britain must leave the EU in order to get back control of its own affairs, and to avoid the uncertain future risks of EU interference. This argument gains a traction from the fear, which we consider unjustified, that there is no real boundary to the potential impact of EU laws and action. Therefore, there would be value in measures, if such were possible, which would define more clearly the boundary of EU law. In fact, two proposals which addressed that very boundary were announced by the Prime Minister in the Chatham House speech in November 2015, in which he set out his renegotiation programme. But no detail has subsequently been heard about such proposals, and they have largely been forgotten. If the subsequent silence is attributable to legal advice that the ideas are impossible, we disagree with such advice.’

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Six Pump Court, 13th June 2016

Source: www.6pumpcourt.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk