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The House of Commons’ Public Administration and Constitutional Affairs Committee (the “PACAC”) is conducting a Call for Evidence as part of its inquiry (the “Inquiry”) in relation to the commitment in the 2019 Conservative Party manifesto (at page 48) that the Government would establish a Constitution, Democracy and Rights Commission (the “Commission”). Background According to the manifesto … Read more
The Administrative and Public Law team hosted a Policy Matters webinar on public inquiries on Thursday 10 September 2020. Hosted by Associate Sahil Kher, the webinar featured insights from Andrew Lidbetter (the head of HSF’s Administrative and Public Law practice in London) and Nusrat Zar, who is also a partner in the team. Andrew and … Read more
Two Divisional Court judgments have considered the position regarding the application of Article 6 of the European Convention on Human Rights (“ECHR”) (the right to a fair trial) in judicial review proceedings regarding a decision not to hold an inquiry, and the timeframe within which a judicial review of an inquiry under the Inquiries Act … Read more
Following demands from the opposition and various campaigning groups, the Prime Minister has now committed to an independent inquiry into the handling of the coronavirus pandemic. In previous weeks, the Government had been reluctant to publicly commit to an inquiry, but this pledge in the House of Commons was the first clear statement on the … Read more
In the latest episode of our public law podcast, Andrew Lidbetter, Nusrat Zar and James Wood discuss the possible establishment of a public inquiry into the handling of the coronavirus pandemic. In doing so, they look at the likely scope of any inquiry and consider the range of individuals and organisations – including commercial entities … Read more
In striking out claims against an independent non-statutory inquiry, the Court of Appeal has provided useful guidance on the breadth of Parliamentary privilege, the scope of the Human Rights Act, and the procedure for challenging inquiry decisions: Foreign and Commonwealth Office and Others v Warsama and Another [2020] EWCA Civ 142. Key points The reports … Read more
In R (on the application of Clarke and Others) v Holliday [2019] EWHC 3596 (Admin), the High Court dismissed an application for permission to apply for judicial review of decisions taken by the Chairman of an independent, non-statutory inquiry (the “Inquiry”). In doing so the court proceeded on the basis that the Inquiry was amenable … Read more
The National Audit Office (“NAO”) recently published the findings of its investigation into government funded inquiries (the “Report”) , prompted by the increasing prevalence of inquiries and the considerable public funds spent on them. The NAO explored the establishment and management of inquiries, their cost and duration, and how they are managed in practice. Key points Inquiries … Read more