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Recent weeks have seen a number of notable developments concerning new or proposed legislation which could have a wide-ranging impact on aspects of public and administrative law. In particular: The Judicial Review and Courts Act 2022 has recently received Royal Assent and introduces, amongst other things, changes to remedies in judicial review. The Queen’s Speech, … Read more
In R (Gardner and Harris) v Secretary of State for Health and Social Care and others [2022] EWHC 967 (Admin) the Divisional Court has found that arrangements by the Department of Health for discharging patients from hospitals to care homes during the pandemic were unlawful. Key points Article 2 of the European Convention on Human … Read more
The High Court has clarified that complaints of unfair consultation relating to the introduction of primary legislation cannot found a ground of challenge by way of judicial review (R (on the application of A) v Secretary of State for the Home Department [2022] EWHC 360). Key points The principles on which the law of Parliamentary … Read more
The main window for response to the Government’s consultation paper on the reform of the Human Rights Act 1998 (“HRA“) has now closed. The consultation paper proposed an overhaul of the existing human rights regime in the UK by replacing the HRA with a new Bill of Rights. The proposals involved giving greater legislative guidance … Read more
In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar, and Jasveer Randhawa discuss the Government’s consultation paper on the replacement of the Human Rights Act 1998. The Government suggests a number of changes which are intended to, it states, ‘restore common sense to the application of human rights in the UK’. … Read more
The Ministry of Justice has today released a consultation paper outlining proposals for reform of the Human Rights Act 1998. Reform has been anticipated for many years, having been brought to the forefront of public attention upon the release of the Government’s 2019 manifesto. The consultation paper proposes an ‘overhaul‘ of the Act in order … Read more
The High Court has found that positive operational duties under the Human Rights Act 1998 (“HRA“) were triggered by the failure of the Environment Agency (“EA”) to address recommendations in a health risk assessment by Public Health England (“PHE“) regarding the operation of a landfill site which operates under an EA permit (R (on the … Read more
Two recent judgments have demonstrated the utility of the right to property under Article 1 of the First Protocol of the European Convention on Human Rights (“A1P1”) for companies and the scope for challenges where public decisions have interfered with private contracts. A1P1 is incorporated into English law by way of the Human Rights Act … Read more
On 13 January 2021, the Independent Human Rights Act Review (the “IHRAR“) published a call for evidence. The IHRAR is a panel of experts appointed by the Government to consider whether there is a need to reform the Human Rights Act (“HRA“) “to ensure it continues to meet the needs of the society it serves”. … Read more
