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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
1. The Prince Harry JR
We’ve had the podcast, the Netflix series, the memoir and now…. the judicial review. On 22 July 2022 the President of the Administrative Court granted the Duke of Sussex permission to seek judicial review of decisions concerning arrangements for his protective security in the UK. No judicial decisions have been published since, which either means the matter has been quietly settled or a hearing is likely in 2023. As a result of a quirk of the British constitution the full case name will now be The King (on the application of The Duke of Sussex) v the Secretary of State for the Home Department. Anyone expecting dramatic live evidence from the Prince will be disappointed: expect legal arguments on the application of Home Office policy instead.
2. The Start of the Covid-19 Inquiry
It can seem like a long time since the height of the pandemic when we were “locked down” and “zoomed out”. All the strange and surreal memories will be dredged up again as the juggernaut that is the Covid-19 Public Inquiry rolls into town. Oral evidence hearings for the first module are scheduled for Summer 2023.
3. Brexit (again!)
In the aftermath of the 2016 referendum an eminent QC said he thought a true “Brexit” would take at least ten years. By the end of 2023 we will be three quarters of the way there, and that prediction is beginning to look optimistic. Britain is no longer a member of the EU but the legal wrangling over the Withdrawal Agreement and implementing domestic legislation continues. A High Court ruling in December 2022 found the UK’s approach to EU nationals who resided in the UK prior to its withdrawal from the EU unlawful. That decision is being appealed by the Home Office and expect more litigation about what Brexit really means throughout 2023.
4. The Bill of Rights Bill
The Bill of Rights Bill if passed in its current form would repeal and replace the Human Rights Act 1998. There are a number of controversial parts of the proposed legislation which could unsettle the relationship between the executive, parliament, and the courts; and put the UK in breach of rulings by the European Court of Human Rights. As the Bill of Rights Bill makes its way through parliament expect vociferous campaigning and debate from, and amongst, lawyers and politicians.
5. Rwanda Flights Litigation
The Government’s commitment to removing refugees seeking asylum in the UK to Rwanda has survived multiple prime ministers. The first flight, set to depart on 14 June 2022, was grounded following a decision of the European Court of Human Rights to grant an interim measure in a case involving one of the individuals on it. A Divisional Court decision of 9 December 2022 did not find that the policy of removing refugees to Rwanda was unlawful but did find unlawful decision making in respect of individuals to whom that policy was set to be applied. Further litigation relating to the policy, and those subject to it, is inevitable in 2023.
6. Russian Sanctions Litigation
In the aftermath of the Russian invasion of Ukraine in February 2022 a number of individuals and entities said to be associated with the Russian state were designated under the UK’s sanctions regime. The domestic sanctions regime, brought in by the Sanctions and Anti-Money Laundering Act 2018, requires those who wish to challenge their designation to seek a ministerial review of the decision first. Only if that is unsuccessful can they apply to the High Court for the decision to be set aside. In making a determination of whether a decision relating to sanctions should be set aside, the legislation states that the court must apply judicial review principles. There is no timetable for challenges to decision-making set in the legislation but it seems likely that such challenges in respect of Russian sanctions cases will make their way to the courts in 2023.
FURTHER INFORMATION
If you have any questions regarding this blog, please contact Fred Allen in our Public Law team.
ABOUT THE AUTHOR
Fred Allen is a senior associate within the Public Law Department and International Crime Group. His clients have included businesses, trade associations, religious institutions, schools, education providers, charities, and private clients including high net worth individuals, and senior political and business figures.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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