‘On 16 March 2021 the Supreme Court heard the Secretary of State’s appeal in BF (Eritrea) v Secretary of State for the Home Department.’
EIN Blog, 29th March 2021
Source: www.ein.org.uk
‘The Independent Review of Administrative Law has now reported. For a review process that was unnecessarily quick, the Expert Panel, led by Lord Faulks QC, has produced a substantial and detailed analysis. The Report has rightly drawn broad support from across the political spectrum—even if the Government’s support for the report has been accompanied by a new consultation which departs from the Report’s findings on various important points. No doubt, the focus will now shift to the new consultation. However, in this post we want to respectfully take issue with one of the firm conclusions of the Panel: that Cart judicial reviews ought to be discontinued on the basis they are a disproportionate use of judicial resource.’
UK Constitutional Law Association, 29th March 2021
Source: ukconstitutionallaw.org
‘Ministers could be stopped from using self-destructing messages to conduct government business, following a legal challenge supported by an alliance of transparency campaigners and university archivists.’
The Guardian, 29th March 2021
Source: www.theguardian.com
‘The Home Office’s refusal to disclose the number of women who, like Shamima Begum, have been deprived of their British citizenship after travelling to join Islamic State is under investigation by the information commissioner.’
The Guardian, 29th March 2021
Source: www.theguardian.com
‘Britain still has no way of deporting refugees from the UK to other countries, the Home Office has confirmed – despite this being a key component of its asylum overhaul announced on Wednesday. Priti Patel has unveiled new measures that will see refugees who arrive in Britain via unauthorised routes denied an automatic right to asylum and instead regularly reassessed for removal to safe countries they passed through, which are usually in the EU.’
The Independent, 25th March 2021
Source: www.independent.co.uk
‘Draconian lockdown laws imposed one year ago have been extended for a further six months, despite a major Tory revolt.
The Coronavirus Act – granting powers over everything from school closures and public gatherings to the detention of infected people – was renewed by MPs, by 484 votes to 76.’
The Independent, 25th March 2021
Source: www.independent.co.uk
‘The Claimants unsuccessfully challenged the Defendant’s policy of making deductions at a fixed rate from universal credit (UC) to pay off criminal fines. So far as relevant here, the claim alleged breach of the PSED (s149 Equality Act 2010) and unlawful indirect disability discrimination. The latter claim failed on the evidence, Kerr J pointing out that it would more suitably have been brought in the county court. The Judge did accept that the Defendant had breached the PSED but ruled against the claimants on the basis that compliance with the PSED would very likely have made no difference and that, therefore, s31A of the Senior Courts Act 1981 defeated the claim.’
Equality Law Blog, 22nd March 2021
Source: equalitylawblog.com
‘Building owners could face unlimited fines following new measures being brought in to strengthen fire safety, the Home Office has announced today.’
Home Office, 17th March 2021
Source: www.gov.uk
‘The investigator helping coordinate the official inquiry into the Metropolitan police’s handling of the Sarah Everard vigil and concerns over women’s safety is suing the Home Office for sex discrimination over claims that he has been penalised for being a “white man”, the Observer can reveal.’
The Guardian, 21st March 2021
Source: www.theguardian.com
‘The government’s decision to cut the international aid budget below its legal target was unlawful, a former director of public prosecutions has said. Lord Macdonald of River Glaven said new legislation would have been required to ditch the target of spending 0.7 per cent of international income on aid.”
The Independent, 21st March 2021
Source: www.independent.co.uk
‘A group of former rough sleepers who were left destitute after the Department for Work and Pensions automatically deducted a third of their universal credit allowance to pay off court fines have won a high court victory.’
The Guardian, 18th March 2021
Source: www.theguardian.com
‘British nationality laws are to be reformed to remove a number of anomalies that have recently led to people from the Windrush generation being refused citizenship – despite the Home Office admitting that its own errors led to them being ruled ineligible.’
The Guardian, 18th March 2021
Source: www.theguardian.com
‘Plans to change how government decisions are challenged in the courts have been announced by the justice secretary.’
BBC News, 18th March 2021
Source: www.bbc.co.uk
‘A blind woman who was sent a shielding letter she could not read has won “promising” commitments from the government after a legal challenge.’
BBC News, 19th March 2021
Source: www.bbc.co.uk
‘Migrant workers have been essential to the operations of the NHS ever since its inception in 1948. Over the decades, many programmes have been used to encourage and find overseas workers and help them migrate to the UK to be employed in the healthcare system, demonstrating our governments acknowledgment of how important they are. As early as 1949, campaigns were made by the UK government in the Caribbean to recruit NHS staff, through advertisements in local newspapers.’
UK Human Rights Blog, 17th March 2021
Source: ukhumanrightsblog.com
‘The supreme court is to hear a challenge to the government’s decision to hold voter ID trials in 2019 in a case that could have implications for the wider rollout of the scheme.’
The Guardian, 18th March 2021
Source: www.theguardian.com
‘The Supreme Court has come under significant criticism for its handling of the Shamima Begum case, decided on 26 February. Much has already been said in relation to the deference that the court showed to the executive, with some arguing that it was improper or even a complete abdication of the judicial role itself. This post seeks to clarify what precisely the court did and did not do in relation to the exercise of its constitutional duty to review the legality of executive action. It will suggest that the Court did not engage in any strong deference as to the nature of Begum’s rights nor to the balance to be struck between those rights and the common good. Such questions remained wholly within the purview of the Court. While the Court did pay due respect to the executive’s authority to determine and pursue the common good, this was subject to an assessment of lawfulness. Any deference, if it can even be called deference, was to the rule of law, given both the statutory scheme in question and the common law distinction between review and appeal. The determination of the scope of individual rights entails an exercise of judicial interpretation which seeks to strike an appropriate balance between the applicable legal considerations. It is not deference for the court to include constitutional principles such as the separation of powers within those considerations.’
UK Constitutional Law Association, 17th March 2021
Source: ukconstitutionallaw.org
‘On 16 March 2021 the Supreme Court will hear the Secretary of State’s appeal in BF (Eritrea) v Secretary of State for the Home Department.’
UKSC Blog, 15th March 2021
Source: ukscblog.com
‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’
The Independent, 15th March 2021
Source: www.independent.co.uk
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