Public Law Blog

Insights and legal updates from our specialist public law solicitors.

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.

Nick Wrightson

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”).

Emily Carter

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.

Nick Wrightson

11 September 2019

“WhatsApp” with Dominic Grieve’s motion for Brexit communications?

Monday night’s marathon session in Parliament saw a number of issues debated into the small hours and further defeats for the government. While many raised important political and legal issues, one of particular interest to information lawyers, followers of Parliamentary procedure and journalists alike was the endorsement of a “Humble Address” motion brought by former Attorney General, Dominic Grieve.

Emily Carter

29 August 2019

The suspension of parliament increases legal scrutiny of Brexit – and possibly a public inquiry?

The suspension of parliament yesterday, at time of political crisis, is now the subject of intense legal scrutiny across the United Kingdom. Lawyers for Gina Miller have lodged an application for judicial review, and are expected to argue that Boris Johnson’s advice to the Queen is an improper use of power, designed to curtail the legislature, resulting in infringement of the constitutional bedrock of parliamentary sovereignty.

Sophie Kemp

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