9 October 2019
When do contracts and goodwill amount to A1P1 possession?
In this case (Solaria v Department for Business, Energy and Industrial Strategy), a government department was granted summary judgment against a claimant (Solaria) who had no real prospect of succeeding in a damages claim based on an alleged unlawful interference with the right to peaceful enjoyment of possessions under Article 1 of the First Protocol (A1P1) of the European Convention on Human Rights (ECHR).
25 September 2019
Enemies of the constitution? The words of those attacking independent judges are corrosive and wrong
Everyone has an opinion on yesterday’s decision of the UK Supreme Court. Boris Johnson said on television that he profoundly disagreed with it. Jacob Rees-Mogg reportedly called it a ‘constitutional coup’ on a cabinet conference call. Former Lord Chancellor Michael Gove was distinctly equivocal about it when interviewed on the Today programme. Laura Kuenssberg reported on Twitter that a No 10 source said ‘the Supreme Court is wrong and has made a serious mistake in extending its reach into these political matters’. The fact these people all claim they will still ‘respect’ the decision does not detract from the corrosiveness of their sentiments.
24 September 2019
Since prorogation ‘never happened’ what happens next?
The prorogation judicial reviews concerned the constitutional equilibrium between government, parliament and the courts. Today, an 11 member UK Supreme Court panel affirmed its centuries-old supervisory jurisdiction over acts of government and ruled unanimously that Boris Johnson’s government failed to advance any reasonable justification for proroguing parliament. The prorogation was therefore unlawful and ‘never happened’ so parliament is back in the game.
16 September 2019
In deep water: High Court decides on level of compensation for interference with fishing quotas
The latest judgment in the long-running dispute between salmon fisherman, Mr Mott, and the Environment Agency (Mott & Merrett v Environment Agency [2019] EWHC 1892 (Admin)) about the imposition of restrictions on his fishing licence provides useful guidance on the calculation of damages under the Human Rights Act 1998 (“HRA”).
12 September 2019
When politics and law collide: The prorogation judicial reviews
Scotland’s highest court and a senior divisional court of the High Court in England and Wales have reached opposite conclusions about whether the recent decision to prorogue parliament was lawful.
