In R v Adams [2020] UKSC 19 the Supreme Court considered the legality of an order made under the Northern Ireland regime of detention without trial which was in place between 1922 and 1971 (known as … [Read more...] about The Supreme Court considers the Carltona Principle does not apply where the clear wording of the statute implies otherwise
Independent panel to examine the need for Judicial Review reform
On Friday 31 July 2020, the Ministry of Justice launched an independent review into administrative law in order to determine whether there is a need for judicial review reform. This follows the … [Read more...] about Independent panel to examine the need for Judicial Review reform
Carts and horses: The Key Differences between the Decisions on Prorogation
Over the course of six days in this past two weeks, the Divisional Court of England and Wales and the Inner House of the Court of Session of Scotland considered two very similar cases. The cases … [Read more...] about Carts and horses: The Key Differences between the Decisions on Prorogation
The Brexit Withdrawal Agreement deconstructed
The Withdrawal Agreement sets out the terms on which the UK will leave the EU. Since the Brexit process began, the content of the Withdrawal Agreement has been closely scrutinised and criticised both … [Read more...] about The Brexit Withdrawal Agreement deconstructed
Saudi Arms Case – Government told to ask the right questions, and answer them
The Court of Appeal's decision in R (on the application of Campaign Against Arms Trade) v Secretary of State for International Trade presents a rare example of a successful challenge on … [Read more...] about Saudi Arms Case – Government told to ask the right questions, and answer them
Another reminder of the wide margin of discretion afforded in making complex decisions
R (Pharmaceutical Services Negotiating Committee & Anr) v Secretary of State for Health The vast majority of prescriptions made by the NHS in England each year are dispensed by retail … [Read more...] about Another reminder of the wide margin of discretion afforded in making complex decisions