‘Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding.’
Courts and Tribunals Judiciary, 29th October 2019
Source: www.judiciary.uk
‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’
UK Constitutional Law Association, 24th October 2019
Source: ukconstitutionallaw.org
‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’
UK Human Rights Blog, 18th October 2019
Source: ukhumanrightsblog.com
‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’
UK Human Rights Blog, 16th October 2019
Source: ukhumanrightsblog.com
‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
‘Lord Neuberger, former president of the Supreme Court, has told expert witnesses that they can learn from the “impartial” way the court handled the Brexit case.’
Litigation Futures, 2nd October 2019
Source: www.litigationfutures.com
‘Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for Scotland.’
Law Pod UK, 27th September 2019
Source: audioboom.com
‘Dame Janet Smith and Dame Caroline Swift can be heard in a First 100 Years podcast talking about their life on the Northern Circuit, their friendship and their distinguished judicial careers.’
Courts and Tribunals Judiciary, 27th September 2019
Source: www.judiciary.uk
‘Next Tuesday, 1 October, marks the 10th anniversary of the supreme court. Over the past decade, its neo-gothic portico, beneath which lawyers, litigants, protesters and politicians parade, has become an increasingly recognisable feature of national life.’
The Guardian, 26th September 2019
Source: www.theguardian.com
‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’
New Law Journal, 24th September 2019
Source: www.newlawjournal.co.uk
‘Ombudsman Association Conference – Driving Improvements: Collaboration and Peer Learning (May 2019).’
‘Society of Legal Scholars – Implementation and Application of the Law: The Governance of Justice (September 2019)’
Courts and Tribunals Judiciary, 20th September 2019
Source: www.judiciary.uk
‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’
UK Human Rights Blog, 11th September 2019
Source: ukhumanrightsblog.com
‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’
UK Constitutional Law Association, 13th September 2019
Source: ukconstitutionallaw.org
‘A prominent judge has told an employment tribunal that race discrimination is a “significant problem” in the judiciary that it is causing “deep distress” to black and minority ethnic lawyers. Peter Herbert, the chair of the Society of Black Lawyers who sits as a crown court recorder and an immigration judge, is suing the Ministry of Justice for race discrimination after he was disciplined for a speech he gave in 2015.’
The Guardian, 12th September 2019
Source: www.theguardian.com
‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’
The Guardian, 27th August 2019
Source: www.theguardian.com
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