Category: Lectures


ALBA Conference 2019: A Review (Part 5)

5 November 2019 by

This post, along with those before it, summarises some of the main points of interest arising from the ALBA Conference 2019.

‘Reith Lecture (Judicial Power) Response’ – Chair: Mrs. Justice Thornton; Speakers: Lord Dyson, Sir Stephen Laws, Prof Vernon Bogdanor, Prof Meg Russell, Lord Falconer of Thoroton QC

Lord_Sumption_2013
Credit: Robin S Taylor

A prestigious panel offered its response to Lord Sumption’s Reith Lectures, followed by a reply from Lord Sumption himself.

In his lectures for the BBC, Lord Sumption argued that judges have excessively increased their power and invaded into the political sphere. The Human Rights Act 1998 and Judicial Review attracted particular criticism.

Lord Sumption’s original lectures are available from the BBC here. A recording of the full discussion is available on LawPod here, so this post draws out some of the key points.


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ALBA Conference 2019: A Review (Part 4)

2 November 2019 by

This post, and those that follow, summarise some of the main points of interest arising from the ALBA Conference 2019.

‘Practice and Procedure Update’ – Chair: Lord Justice Singh; Speakers: Catherine Dobson, Jo Clement, Christopher Knight

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Catherine Dobson: Costs in Public Interest Litigation

Sir Rupert Jackson’s 2009 review of costs in civil litigation found that reform was required in relation to judicial review. This was because it was “not in the public interest that potential claimants should be deterred from bringing properly arguable judicial review proceedings by the very considerable financial risks involved”. Whilst the government did not take up the proposal for qualified one-way costs shifting in judicial review, it did introduce a scheme for cost capping orders in judicial review. This change was the focus of Ms Dobson’s talk.


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ALBA Conference 2019: A Review (Part 3)

24 October 2019 by

This post, and those that follow it, summarises some of the main points of interest arising from the ALBA Conference 2019.

‘The Constitutionality of Ouster Clauses’ – Chair: Lord Justice Leggatt; Speakers: Professor Alison Young, Professor David Feldman, Professor Stephen Bailey

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Earlier this year, the Supreme Court gave its judgement in R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents). The case concerned the Investigatory Powers Tribunal (‘IPT’), a specialist tribunal which was established by the Regulation of Investigatory Powers Act 2000 (‘RIPA’). The IPT hears complaints about certain public bodies, particularly concerning the Security Services.

s.67(8) of RIPA contains a so-called ‘ouster clause’, which held that “determinations, awards and other decisions of the Tribunal (including decisions as to whether they have jurisdiction) shall not be subject to appeal or be liable to be questioned in any court”.

The issue in Privacy International was whether decisions made by the IPT were judicially reviewable. A majority of the Supreme Court held that s.67(8) did not, in fact, oust the jurisdiction of the court. The panel analysed this crucial case in more detail.


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ALBA Conference 2019: A Review (Part 2)

15 October 2019 by

This post, and those that follow, summarise some of the main points of interest arising from the ALBA Conference 2019.

Article 14 ECHR discrimination challenges to social welfare measures: the second benefit cap case in the Supreme Court: Raj Desai

Jobcentre-007
Credit: The Guardian

Introduction: The ‘Benefit Cap’

Mr Desai examined Article 14 ECHR through the prism of two ‘benefit cap’ cases: R (on the application of DS and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2019] UKSC 21 (“DA & DS”) and R(SG and ors) v Secretary of State for Work and Pensions [2015] UKSC 16 (“SG”).

Both were decisions of the Supreme Court concerning the benefit cap. This provides that a household’s total entitlement to welfare benefits cannot exceed an annual limit. The cap is disapplied if a certain amount of relevant work is completed.

In common with many Article 14 ECHR claims, both cases raise complex issues about the proper constitutional role of the courts. SG (the first benefit cap case)


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ALBA Conference 2019: A Review

7 October 2019 by

This post is the first in a series of five reports by Conor Monighan from this year’s conference held by the Administrative Law Bar Association. We will be publishing the next four posts over the next month every Monday.

This year’s ALBA conference featured an impressive list of speakers. There were talks from a Supreme Court judge, a former Lord Chancellor, top silks, and some of the best academics working in public law.

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The conference covered a number of practical and substantive topics. The highpoint was an address given by Lord Sumption, in which he responded to criticism of his Reith Lectures. This post, together with those that follow, summarises the key points from the conference.


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Are you a student interested in human rights? The JUSTICE Student Conference is for you!

8 March 2016 by

lady.justiceThe JUSTICE Student Conference 2016 is on 19 March 2016, at the University of Law in London. The full programme is available here and you can book online here.

Spend a Saturday talking human rights and the Human Rights Act with Dominic Grieve QC, Shami Chakrabarti of Liberty, and the JUSTICE team.

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The Monstering of Human Rights

22 September 2014 by

On Friday 19 September I spoke at a very interesting conference at the University of Liverpool on Human Rights in the UK Media: Representation and Reality. My talk was entitled The Monstering of Human Rights. You can download it by clicking here (PDF). It is also embedded below.

As always, comments are welcome. There is quite a lot in there tying together some of the themes I have been writing about over the past few years. As a number of people pointed out in Liverpool, it is too easy to point to errors in human rights reporting as proof that all criticisms of the human rights system are bogus, which is clearly wrong. But nonetheless, misinformation and exaggeration is an important feature of the public debate on human rights and it is interesting to consider why that might be the case, and – a question which has troubled me over the past few years – how to stop it happening.

I expect the issue of human rights reform will arise again now that the Scottish referendum process has concluded and the political parties are setting out their agendas for 2015. It seems pretty clear that the Conservative Party will promise to repeal the Human Rights Act but what they will do in relation to the European Convention on Human Rights is still very much an unknown. My expectation is that they will not promise to withdraw from the ECHR. Not yet, anyway. Labour and the Liberal Democrats are likely to retain the existing system, with a few tweaks. But whoever wins the election, there is a huge amount of work to be done to repair the reputation of human rights laws in the UK and convince the public that they are, on balance, a good thing.

PS. if any kind soul would like to turn the PDF version into a HTML linked blog-ready post, I would be eternally grateful! Email me if you would be interested, you would of course get full credit in the ensuing post/s.

View this document on Scribd

Video: Human rights debate at NYU London

14 May 2014 by

On 28 April 2014 I debated Dr Lee Rotherham of the Taxpayers’ Alliance at NYU London. The motion was: This House believes the human rights agenda is promoting unfairness in the UK. I was against the motion (as you may have guessed).

The debate is now up on YouTube – enjoy!

Chakrabarti debates Clarke on secret courts bill

7 March 2013 by

ClarkerabartiThe Constitutional and Administrative Bar Association (ALBA)  hosted an invigorating debate on Tuesday night, pitting Minister without Portfolio Ken Clarke against Shami Chakrabarti, Director of Liberty, over the question of Closed Material Procedures (CMPs) in civil claims, as proposed in the Justice and Security Bill.

The Bill is currently going through the parliamentary process, having reached the report stage in the House of Commons on 4 March 2013. Of particular note to those with an interest in human rights are the proposals to introduce CMPs into civil damages actions, where allegations such as complicity in torture by the UK intelligence agencies are made.

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The BAILII lecture: No Judgment, No Justice

21 November 2012 by

For justice to be seen to be done, judgments given in open court must be accessible in two senses. They must be clearly written so that a reasonably well informed member of the public can understand what is being decided. But they must also be available to the public, and in this sense their accessibility depends on their being reported.

Lord Neuberger, President of the Supreme Court, so stated in the first BAILII annual lecture, hosted by Freshfields Bruckhaus Deringer LLP at their premises in Fleet Street last night. The full speech can be read here.

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The 21st Century Coroner

31 October 2012 by

The Coroners and Justice Act 2009 has created the office of Chief Coroner, plucked at the very last minute from the Coalition’s ‘bonfire of the quangos’.  On Friday, the first Chief Coroner, His Honour Judge Peter Thornton QC, delivered The Howard League for Penal Reform’s 2012 Parmoor Lecture.

Six weeks into his post, Judge Thornton presents a frank exposition of the challenges facing the system he now heads, sets out what he considers to be its purpose, and charts its remarkable genesis.

Coroners have, it seems, occupied for the best part of a millennium a peculiar pocket of public life, adapting their function and purpose over time in a manner not always understood by those working outside the system, or even by they themselves.  From the Articles of Eyre to the 2009 Act, via Robin Hood and Richard the Lionheart (the latter does not come out well), the Chief Coroner describes how ‘crowners’, as they were originally known, have evolved from lay magistrates or collectors of fines, to the judges they are today.
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Why we allow dissent – by our judges

14 October 2012 by

Why do judges disagree and publish their disagreements when cases get decided? After all, the Cabinet does not do so (openly at least), and our FTSE-100 companies do not generally do so, when their executives propose a merger or launch a new product.  Surely, judicial dissent is a recipe for diminishing the authority of the majority answer, and an invitation to self-indulgence on the part of the minority to re-fight lost and irrelevant battles.

Lord Kerr has given a very persuasive answer to both concerns in the Birkenhead lecture on 8 October 2012. But it is worth thinking about the alternative way of doing things, before making up your mind on whether the current way is the best way.

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Outlawing god?

20 July 2012 by

Interested in the interaction between religion and law? If so, you will be interested in an event I am helping to organise this coming Monday 23 July at 6:30 for a 7pm start. There are a few tickets remaining – click here for details and booking , which is essential. The event is raising money for free legal advice clinics run by the Hebrew University in Jerusalem. Nb. the event is separate from the blog and 1 Crown Office Row, but hopefully will be of interest to some of our readers…

OUTLAWING GOD? The clash of the courts with religious believers

A “Question Time” style panel discussion of one of today’s most important and controversial issues:

Featuring a superb expert panel:

  • Joshua Rozenberg (chair) – Britain’s best known legal commentator;
  • Dr Evan Harris – Former MP and author of The Secular Manifesto ;
  • Rabbi Michael Laitner – Assistant Rabbi, Finchley United Synagogue (Kinloss), qualified solicitor;
  • John Bowers QC – Deputy High Court Judge and leading barrister with expertise in discrimination law;
  • Dinah Rose QC – Leading public law and human rights barrister. Acted for the pupil in ‘the JFS case’.

Monday, 23 July 2012, 6:30pm for 7:00pm, followed by a reception with canapés and wine

Tickets: £20 – all details here

Norton Rose LLP, 3 More London Riverside, London SE1 2AQ

Supreme Court judge on war, intelligence and the retreat of judicial deference

20 May 2012 by

The recent standoff  between two leading judicial lights, Jonathan Sumption and Stephen Sedley, may make for entertaining reading, but don’t be fooled.

Like the heated question of whether a non-entrenchment clause could be dug into our law to protect UK parliamentary sovereignty, this one wasn’t about law, or even constitutional theory; it was essentially about differing ideological positions vis a vis judicial power.

Joshua Rozenberg welcomes Sumption’s latest speech as indicative of his supportive stance  on judicial activism, particularly in the foreign policy sphere.  I don’t agree. In his  FA Mann Lecture  last November Sumption pinned his colours to the mast on judicial activism in general, and this latest fascinating survey of foreign policy case law illustrating the retreat of judicial deference must be read in that light.
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When their Lordships open their mouths extra-judicially …

23 March 2012 by

Do Lord Phillips, Baroness Hale and other members of the judiciary have the right to say what they think? At first glance that seems like a ridiculous question. Firstly, it is their job to express their views on the legal disputes coming before them on an almost daily basis. Secondly, to look at it from an entirely different perspective, they enjoy the same protections granted by article 10 of the European Convention of Human Rights (ECHR) as the rest of us. Of course they have the right to say what they think.

But what about when they are acting in a non-judicial capacity – when they are giving speeches or participating in conferences or being interviewed? What about when the topic of discussion is not a narrowly defined legal point but a more politically charged issue of public debate? The answer must be the same. They have the right to express their views, but whether or not they should is a more nuanced question. This was the topic selected by the Lord Neuberger MR in his Presidential Address to the Holdsworth Club on 2 March 2012.

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