Clik here to view.
Witness Protection: Can non-parties appeal critical findings made in a...
Re: W (A child) [2016] EWCA Civ 1140 – read judgment Summary A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the...
View ArticleClik here to view.
The Round Up –‘Snooper’s Charter’ set to become law
The Investigatory Powers Act 2016 The Investigatory Powers Act 2016 is set to become law in the United Kingdom following its passing of the third stage of legislative scrutiny earlier this month. The...
View ArticleClik here to view.
Aggrieved student wins right to challenge degree grade in full trial
Siddiqui v University of Oxford [2016] EWHC 3150 (5 December 2016) – read judgment This case raises the interesting question of whether a disappointed graduate may call upon the courts to redress a...
View ArticleClik here to view.
Who sees you when you’re sleeping? Who knows when you’re awake?
Angela Patrick of Doughty Street Chambers provides an initial reaction on the implications of the decisions in Tele Sverige/Watson for domestic surveillance and the Investigatory Powers Act 2016. In an...
View ArticleClik here to view.
Why EU law will not make the trains run on time
Govia GTR Railway Ltd v. ASLEF [2016] EWCA Civ 1309, 20 December 2016 – read judgment As all domestic readers know, there is a long running industrial dispute between Southern Rail and ASLEF, the...
View ArticleClik here to view.
Sanctity of life v personal autonomy: Court of Protection
Briggs v Briggs & Ors [2016] EWCOP 53 (20 December 2016) – read judgment Apologies for starting the new year on such a sombre note, but there is a shaft of light in that this Court of Protection...
View ArticleClik here to view.
Professor Robert Wintemute: Same-sex survivor pensions in the CJEU (Parris)...
In the recent case of David Parris v. Trinity College Dublin, the CJEU found that the ineligibility for a survivor’s pension of an employee’s same-sex partner, in circumstances where the 2011...
View ArticleClik here to view.
Mirza & Ors: The Rules are neither simple nor flexible so don’t leave it too...
Mirza and others v Secretary of State for the Home Department [2016] UKSC 63 – read judgment and press summary here. The background to each of these appeals, although unfortunate, is not in any way...
View ArticleClik here to view.
The long arm of the law: Belhaj and Rahmatullah (No.1)
This blog is the first covering the series of three important judgments given on Tuesday by the Supreme Court on issues arising out of the War on Terror and the United Kingdom’s interventions in Iraq...
View ArticleClik here to view.
Computer algorithm predicts most Strasbourg judgments
Artificial intelligence … it’s no longer in the future. It’s with us now. I posted a review of a book about artificial intelligence in autumn last year. The author’s argument was not that we might find...
View ArticleClik here to view.
Free Trade Agreements and the White House – where are we now?
Trump’s inauguration seems not a bad moment to be having a look at the Free Trade Agreements (FTAs, actual or potential) which are swirling around at the moment, and their likely reception in the...
View ArticleClik here to view.
Guest Post: Magistrates struggle (again) with the use of imprisonment for...
R (Woolcock & Bridgend Magistrates Court) v Cardiff Magistrates Court and Bridgend County Council [2017] EWHC 34 (Admin) (judgment awaiting publication) There is an exceedingly long line of case...
View ArticleClik here to view.
You win some, you lose some…Rahmatullah (No.2) in the Supreme Court
In Rahmatullah (No 2) v MOD; Mohammed v MOD [2017] UKSC 1, the Supreme Court gave a further important judgment in the litany of cases arising out of the UK’s intervention in Iraq and Afghanistan. The...
View ArticleClik here to view.
The Brexit Judgment –“The law of the realm cannot be changed but by Parliament.”
Sir Edward Coke’s bold assertion in 1605 of one of the cornerstones of the unwritten constitution of the United Kingdom has been upheld today in a hugely important decision by the Supreme Court. In...
View ArticleClik here to view.
Article 50, the Supreme Court judgment in Miller and why the question of...
With the Supreme Court having ruled yesterday that Parliament must have a say in the triggering of Article 50 TEU, the ensuing debate regarding the process for exiting the EU will undoubtedly revolve...
View ArticleClik here to view.
Aarhus Convention update: Government still ignoring private nuisance claims
In November 2016, the Government responded in rather disappointing terms (here) to a consultation about amending its costs rules in civil cases to reflect the requirements of the Aarhus Convention....
View ArticleClik here to view.
Defying convention: Supreme Court puts Sewel on the sidelines
In the new age of alternative facts, even Sean Spicer might struggle to spin Tuesday’s Supreme Court judgment as anything other than a comprehensive defeat for the government. Yet, as my colleague...
View ArticleClik here to view.
The Round Up – Article 50 and the first few days with Trump
The government trumped Tuesday’s Supreme Court judgment held by a majority of 8 to 3 that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw...
View ArticleClik here to view.
Brexit and Fundamental Rights
1 Crown Office Row are very pleased to be collaborating with Human Rights specialists Leigh Day on a special event to explore how Brexit will impact the fundamental rights of people based in the UK....
View ArticleClik here to view.
Simplicity could have been a virtue for the well-meaning PSNI…
Sometimes, in law as in life, keeping things simple is the best approach. Unfortunately for the Police Service of Northern Ireland (‘PSNI’), the Supreme Court found in DB v Chief Constable of PSNI...
View Article