Public Law Podcast: The Bill of Rights Bill

In the latest episode of our Public Law Podcast series, Andrew Lidbetter, Nusrat Zar, and Jasveer Randhawa discuss the Bill of Rights Bill, which was laid before Parliament on 22 June 2022. In some respects the Bill keeps closely to the proposals laid out in the original consultation document, published earlier this year. However, there … Read more

Constitutional All Change? The Judicial Review and Courts Act, the Brexit Freedoms Bill and a new Bill of Rights

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

Court finds Government’s Covid policy in care homes unlawful

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

HSF responds to the Government’s consultation on human rights reform

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

Public Law Podcast: Government Consultation Paper on the Human Rights Act 1998

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

Government releases consultation paper on the replacement of the Human Rights Act

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

Court of Appeal and High Court consider property rights under the Human Rights Act

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