Independent Human Rights Act Review launches a public call for evidence

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

Government launches independent review of the Human Rights Act 1998

The Government has announced that a panel of experts led by former Court of Appeal Judge, Sir Peter Gross, will conduct an Independent Human Rights Act Review (the “IHRAR”). The Human Rights Act 1998 (the “HRA”) incorporates the fundamental rights and freedoms set out in the European Convention on Human Rights (the “Convention”) into domestic … Read more

Parliamentary Committee considers remit of the proposed Constitution, Democracy and Rights Commission

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

Policy Matters: An introduction to Public Inquiries

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

Government launches panel to consider the judicial review process

On the afternoon of Friday 31 July the Government announced that it had appointed a panel of experts (the “Panel”) to examine if there is a need to reform the judicial review process (the “Review”). Background The Conservative Party in its 2019 manifesto (at page 48) committed to establishing a Constitution, Democracy and Rights Commission … Read more

Public Law Horizon-Scanning Podcast Series

We are pleased to share with you this three part horizon-scanning podcast series from the public law team. In this series, Nusrat Zar and Shameem Ahmad are joined by James McBride from Hanbury Strategy, a strategic advisory firm that provides political insight and analysis. Together they will to look to the horizon and share their … Read more

Statutory guidance must remain within the purpose of the primary legislation

In R (on the application of Palestine Solidarity Campaign Ltd) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court demonstrates that statutory guidance will be considered unlawful if it does not remain within the scope of what Parliament intended when it was conferring the power to issue that … Read more

Court of Appeal considers the legality of policies

In Bayer Plc v NHS Darlington Clinical Commissioning Groups [2020] EWCA Civ 449 the Court of Appeal had to consider the legality of a policy issued by NHS Clinical Commissioning Groups (“CCGs”) in the light of EU law.  The court concluded that a policy which would permit the prescription of Avastin, an off-label drug for … Read more