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.
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.
29 July 2019
High Court finds Mayor’s Congestion Charge decision did not involve unlawful discrimination
On 24 July 2019, the High Court handed down judgment in R (on the application of Independent Workers Union Of Great Britain and others) v Mayor Of London [2019] EWHC 1997 (Admin). This case related to the decision in December 2018 by the Mayor of London to remove an exemption and require private hire vehicles (“PHV”) to pay the Congestion Charge from 8 April 2019
23 July 2019
“Volaw Trust” - A strengthening of the privilege against self incrimination from requests for pre-existing documents?
The combined appeals of (1) Volaw Trust and Corporate Services Ltd and others v the Comptroller of Taxes and another and (2) Volaw Trust and Corporate Services Ltd and others v HM Attorney General for Jersey [2019] UKPC 29 provide interesting guidance on the approach to be taken by the courts in examining whether requirements for the production of pre-existing documents may infringe Article 6 of the European Convention on Human Rights (“Article 6”). Prior to this judgment it had been presumed that legal requirements to produce material existing independently of the will of the accused would not engage Article 6. The Board’s judgment suggests a more nuanced approach is required.
5 July 2019
London Climate Action Week: Cutting through the London smog - the big question still to be answered about the death of Ella-Kissi Debrah
At the end of the inquest in 2014 into the death of Ella Kissi-Debrah, the coroner concluded that this nine year old girl suffered an asthma attack, followed by a seizure, and died after unsuccessful resuscitation. This is one possible answer to the question of how Ella died. However, there is clearly a bigger question which needs to be answered.