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British Jihadists and treason
The news last week was that the Foreign Secretary has proposed a revival of a fourteenth century statute in order to prosecute British jihadists who travel to Iraq or Syria to fight. Cries of foul are...
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Anorexia, alcoholism and the right to autonomy
A NHS Foundation Trust v Ms X (By her litigation friend, the Official Solicitor), 8 October 2014 [2014] EWCOP 35 – read judgment The issues that arose before the Court of Protection in this case...
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Barclay bros duck out – leaving Supreme Court to sort out the constitutional...
R (ota) Sir David Barclay and Sir Frederick Barclay v Secretary of State for Justice and Lord Chancellor, The Committee for the Affairs of Jersey and Guernsey and Her Majesty’s Privy Council [2014]...
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Government not required to disclose full details of defence
CF v The Ministry of Defence and others [2014] EWHC 3171 (QB) – read judgment Angus McCullough QC of 1 Crown Office Row acted as Special Advocate in this case. He has nothing to do with the writing of...
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Three strikes and out? Major defeats for Government Judicial Review reform...
Lords Pannick and Faulks Last night saw the important Report Stage consideration of Part 4 of the Criminal Justice and Courts Bill in the House of Lords. Angela Patrick, Director of Human Rights Policy...
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Removal of subsidy for spare room not unlawful
Cotton and others, (R on the application of) v Minister for Work and Pensions and others, 15 October 2014 [2014] EWHC 3437 (Admin) – read judgment Whether you call it the “spare room subsidy” or the...
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Consultation duty gets to the Supreme Court
Moseley R (ota) v. London Borough of Haringey [2014] UK 56 – read judgment Lord Wilson posed the question, answered today by the Supreme Court, with concision. When Parliament requires a local...
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No binding assurances about badgers, says Court of Appeal
R (o.t.a. Badger Trust) v. SoS for Environment and Rural Affairs, CA, 29 October 2014, read judgment, on appeal from Kenneth Parker J, Admin Ct, 29 August 2014 read judgment The Court of Appeal has...
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Letting in a chink of light to closed material cases : Bank Mellat again
Bank Mellat v HM Treasury [2014] EWHC 3631 (Admin), Collins J, 5 November 2014 – read judgment UPDATED POST Fireworks here from Collins J in making sure that Bank Mellat got some disclosure of...
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Control and restraint techniques used on people being removed from UK are...
R (on the application of FI) v Secretary of State for the Home Department [2014] EWCA Civ 1272 – read judgment The Court of Appeal has held that the physical restraint of persons being removed from the...
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Delays in prisoner rehabilitation did not breach Convention – Strasbourg Court
Dillon v United Kingdom (no. 32621/11) – read judgment and David Thomas v United Kingdom (no. 55863/11) – read judgment Two prisoners have failed in their human rights protest against prison...
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Wind turbines, noise and public information
R (o.t.a Joicey) v. Northumberland County Council , 7 November 2014, Cranston J read judgment An interesting decision about a Council not supplying some key information about a wind turbine project to...
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Be wary of judicial slogans – Jonathan Sumption
In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the...
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Government may weigh rights against national security without courts’...
R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 – read judgment The exclusion of a dissident...
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Housing, Article 8 and A1P1 in the Supreme Court
Sims v Dacorum Borough Council [2014] UKSC 63 - read judgment 12 November 2014 and R (ota ZH and CN) v. LB Newham et al [2014] UKSC 62 - read judgment 12 November 2014 A brace of cases showing the...
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Family pressure group “had no business” in applying for habeas corpus on...
Justice for Families Ltd v Secretary of State for Justice [2014] EWCA Civ 1477 – read judgment An application for habeas corpus by a pressure group was completely “hopeless” and “entirely...
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The European Court of Human Rights: anti-democratic or guardian of...
This post is adapted from a speech given by Judge Robert Spano of the European Court of Human Rights at Chatham House on 13 October 2014. It is reproduced here with permission and thanks. There is...
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Ping pong: CJEU air pollution ruling – back to the Supreme Court
R (ClientEarth) v Secretary of State for Environment, Food & Rural Affairs , CJEU, 19 November 2014 – read C404-13 In May 2013, the UK Supreme Court (here) was sufficiently concerned about the...
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Irish Supreme Court struggles with outcome of surrogacy arrangements
M.R. and D.R.(suing by their father and next friend O.R.) & ors -v- An t-Ard-Chláraitheoir & ors [2014] IESC 60 (7 November 2014) – read judgment The definition of a mother, whether she is...
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Have we lost sight of J.S. Mill’s concept of the right to liberty? Article 5...
Rochdale Metropolitan Borough Council v KW (by her litigation friend Celia Walsh) [2014] EWCOP 45 – read judgment Mostyn J has pulled no punches in rejecting an application for a declaration that an...
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