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The Secretary of State for Business and Trade decided in September 2024 to suspend licences authorising the export of items that might be used in carrying out or facilitating military operations in the conflict in Gaza. He did so explicitly because the Government had formed the view that Israel was not committed to compliance with international humanitarian law (‘IHL’) in the conflict in Gaza and that there was therefore a clear risk that such items might be used in that conflict to commit or facilitate a serious violation of IHL. However, the Secretary of State excluded from that suspension licences for the export of components for F-35 combat aircraft which could not be identified as destined for Israel. In this claim for judicial review the Claimant, supported by the Interveners, challenged the lawfulness of this exclusion, which has been referred to as the ‘F-35 Carve Out’.
In reaching these decisions, together referred to as ‘the September Decision’, the Secretary of State received advice from the Defence Secretary and the Foreign Secretary. In short, the advice of the Defence Secretary, set out in a letter dated 18th July 2024, was that:
(1) the multinational F-35 joint strike fighter programme (‘the F-35 Programme’1) is significantly dependent on the United Kingdom as the largest national provider of component parts outside the United States; (2) it was not currently possible to suspend licensing for export of F-35 components for use by Israel without having an impact on the entire F-35 Programme;
(3) a suspension of licensing for all F-35 nations would have a profound and immediate impact on international peace and security, would undermine US confidence in the UK and NATO at a critical juncture, would seriously undermine the credibility of the UK as a trusted partner on the international stage, and would undermine a key capability allowing the UK and its closest allies and partners to address current security challenges.
The Claimant “Al-Haq”, an independent Palestinian non-governmental human rights organisation based in Ramallah, contended that the F-35 Carve Out was unlawful. Al-Haq was supported by Oxfam, Amnesty International and Human Rights Watch. This was a “rolled up” hearing, in which permission to bring judicial review proceedings is considered at the same time as the merits of the claim.
In U3 (AP) v Secretary of State for the Home Department[2025] UKSC 19, the Supreme Court has unanimously dismissed an appeal against a decision taken by the Special Immigration Appeals Commission (“SIAC”) relating to deprivation of citizenship and refusal of entry clearance on the basis of national security concerns.
During our conversation Lord Wolfson addresses the political sensitivities involved in reforming the ECtHR, particularly where it comes to the balance between national sovereignty and international human rights obligations, a topic on which he has been in public disagreement with the current government’s Attorney General Lord Hermer KC. We explore the legal questions that predate and would arise from those reforms, including the implications for the rule of law and the long term relationship between the UK and Strasbourg.
Lord Wolfson emphasises the importance of careful legal analysis and the need for clear, principled leadership in this sensitive area, since he is now tasked with reviewing how to prevent the ECtHR from blocking government policies, especially on contentious issues like immigration and climate change mitigation. Above all, he stresses that the rule of law must be observed by asserting parliamentary sovereignty over Strasbourg and other decisions by international institutions.
The EU’s diplomatic service has warned of “indications” that Israel’s activities in Gaza and the occupied West Bank are “in breach of [its] human rights obligations” to the Union under Article 2 of the EU-Israel Association Agreement. The report, due to be presented on 23 June to the foreign ministers of Member States by Kaja Kallas, High Representative of the EU’s Foreign Affairs and Security Policy, is based on “facts verified by and assessments made by independent international institutions”. It follows an audit pushed forward last month by 17 Member States, led by the Netherlands. The Agreement, which came into force in 2000, provides for free trade arrangements between the two parties, currently worth over 42 billion euros a year in goods, and a further c. 35 billion euros in services: the EU is Israel’s top commercial partner. Article 2 of the Agreement states that “Relations between the Parties, as well as the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of the Agreement.” Suspending the Agreement would require the unanimous consent of the EU’s 27 Member States.
The UK Office for Students (OfS) has issued new “free speech” guidelines to universities in England, effectively prohibiting blanket bans on student protests, and putting substantial brakes on the penalisation of students and staff exercising lawful speech. The guidelines anticipate and purport to give clarity to the provisions of delayed Higher Education (Freedom of Speech) Act 2023, now revised and due to come into force this August. The OfS’s new “three step” approach requires universities to take “reasonably practical steps” to “secure free speech” which is “within the law” (= Steps 1 and 2): where this is not possible, it must run a proportionality assessment on any interferences to free speech, following Article 10(2) of the European Convention of Human Rights (ECHR) (= Step 3). The National Union for Students has dismissed the guidance as “just more nonsense playing into the so-called ‘culture wars’”, with the new regulations failing to the prioritise “protecting and supporting marginalised students.”
In the courts
The Court of Appeal has held that an asylum applicant’s fears of being returned to a jurisdiction which was not a “safe third country” or “safe third State” only affected his rights to appeal if the application were deemed inadmissible: it was “immaterial” to the assessment of an application once admitted. In AAZA v Secretary of State for the Home Department [2025] EWCA Civ 705, a Yemeni national appealed against the Upper Tribunal’s decision to uphold the Home Secretary’s refusal of his asylum application. The appellant, who had lived in China since the age of one but did not have Chinese nationality, claimed that there had been an error of law in the Tribunal’s allowing his appeal on humanitarian protection grounds with regard to Yemen, but not on humanitarian protection and human rights grounds with regard to China. The appellant argued that, since China was not listed as a “safe third country” under Schedule 3 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, the UK was in breach of its obligations under the 1951 Refugee Convention, and in contravention of his rights under ECHR Article 3 (prohibition of torture), following the provisions concerning return to a “safe third State” under Part 4A of the Nationality, Immigration and Asylum Act 2002. Bean LJ held that these statutory provisions did not apply to the instant case: “whether a state is a “safe third State” within this new provision only affects rights of appeal”, something not disputed here. The applicant’s risk of ill-treatment if returned to China therefore had to be decided on the basis of evidence relating to his own circumstances. Bean LJ found that the First Tier Tribunal “gave entirely adequate reasons for finding that the test was not satisfied” by the evidence of AAZA, who had spent virtually his whole life in China before coming to the UK as a student: “there was no error of law.” However, the Court held that the appellant might still apply to have his application reconsidered by the Home Secretary, if he could submit fresh evidence that he was at a risk of refoulement from China to Yemen.
In ALR and others v Chancellor of the Exchequer [2025] EWHC 1467 (Admin), the High Court has dismissed a challenge against the government’s manifesto policy of adding VAT to private school fees. The claimants were a group of students, parents, and schools. Some of the students required specific schooling because of (inter alia) special educational needs and religious convictions; all claimants sought a declaration that the VAT addition was incompatible with the European Convention of Human Rights. Specifically, they argued that imposing VAT was incompatible with Article 2 Protocol 1 (right to education) and 14 (protection from discrimination).
This dismissal of the judicial review challenge represents a significant ruling on the interplay between fiscal policy, human rights law and the allocation of resources for education.
A modest rise in justice spending was announced by the Chancellor of the Exchequer in the Spending Review. The courts system will receive up to £450m extra a year by 2028-29, helping to increase Crown Court sitting days and implement the recommendations of the forthcoming Leveson review. The probation service will receive up to £700m extra funding by 2028-9. Funding will also be awarded to prison building and the Law Officers’ departments. The average real terms increase in Ministry of Justice funding is of 3.1%.
The Terminally Ill Adults (End of Life) Bill returned to the House of Commons for debate on Friday 13 June. Among the amendments discussed was a prohibition on registered medical practitioners or other health practitioners raising assisted dying with a person under 18. Despite opposition by Labour MP Kim Leadbeater, the Bill’s proposer, it was approved by a vote of 259 to 216. It was the first time Leadbeater had been defeated on the Bill in a Commons vote.
The government announced that rough sleeping will be decriminalised after more than 200 years. The Vagrancy Act 1824, introduced in response to increased homelessness after the Napoleonic Wars and Industrial Revolution, will be scrapped by spring 2026.
This was an application for judicial review brought by an animal welfare charity challenging North East Lincolnshire Council’s decision to grant planning permission for the UK’s first full commercial scale onshore salmon farm proposed by AquaCultured Seafood Ltd. The farm, to be built in Cleethorpes, is designed to produce 5,000 tonnes of salmon per year.
The High Court had dismissed the application on paper in March 2025. However it was subsequently decided that Animal Equality’s challenge could proceed on the grounds that there was an arguable case that North East Lincolnshire Council’s planning officers had misdirected the Planning Committee by advising that animal welfare concerns could not be considered as material planning considerations under planning law. This potential misdirection raised a legal question about whether the approval of the salmon farm was lawful, warranting a full judicial review of the decision.
Arguments before the court
Animal Equality highlighted risks of welfare issues, such as the pain and suffering felt by animals kept in highly packed units, being eaten alive by sea lice; mass fish deaths including cannibalism and other problems such as high effluent levels in recirculating aquaculture systems. They referred to the deaths of 1.5 million fish at another onshore facility due to electricity supply interruptions. The Claimant did not seek to persuade the Court that the committee were required to take animal welfare concerns into account, rather that they should properly have been advised that it was open for them to do so if they wished to. They maintained that the Council’s planning committee members had been materially misled in relation to animal welfare concerns when the committee was advised that it could not take animal welfare concerns into account.
The Bar Standards Board (BSB) have dropped their plans to require barristers to “act in a way that advances equality, diversity and inclusion”. The proposed rewrite of Core Duty 8 would have placed barristers under a positive duty – something that had sparked widespread controversy about the BSB imposing its views of “social justice” on practitioners through “social engineering“. Notably, the rewrite was heavily criticised by former chair of the Bar Council who warned against the unintended detrimental consequences of “radical change”. Barbara Mills KC, current chair of the Bar Council has emphasised the continued commitment of the Bar Council to “equality, diversity and inclusion at the Bar”, but explained the concerns the Bar Council had about the positive duty “tak[ing] us backwards” due to the “lack [of] clarity needed for barristers to comply”. Although, director-general of the BSB, Mark Neale had promised that the proposed rewrite was “very genuine”, the BSB have now come out as saying that they will instead adopt a different strategy drawing on “all [their] regulatory tools” to advance equality of opportunity at the Bar.
The Ministry of Justice’s plan to roll out the chemical castration of convicted sex offenders has met with academic criticism, legal warnings, and comparisons to controversial schemes in other jurisdictions. The programme, announced this week by justice secretary Shabana Mahmood, is set to be piloted in twenty prisons in England and Wales as one of a number of “radical” reforms proposed in former Lord Chancellor David Gauke’s Independent Sentencing Review. Professor David Grubin of Newcastle University joined other forensic psychiatry experts expressing scepticism of the measure, saying that, although it was likely to reduce reoffending rates significantly, its “mandatory element” was “very unethical and… most doctors I know would be resistant to it.” Similar ‘Anti-Libidinal Intervention’ (ALI) schemes have been been introduced on a voluntary basis in Denmark and Germany, and mandatorily in Poland and Moldova – in the latter case, lasting for barely one year, before the country’s constitutional court quashed the measure for what it ruled as its fundamental human rights infringements. ALI programmes elsewhere have seen widespread condemnation from human rights organisations, including Amnesty International and the European Committee for the Prevention of Torture, citing in particular their violation of European Convention Articles 3 (prohibition of degrading punishment), 8 and 12 (right to private life and to found a family). Marcus Johnstone of PCD Solicitors has said that the current proposals for ALIs in the UK would lead to challenges in the courts.
J v Bath and North East Somerset Council & M [2025] EWCA Civ 478 concerns an appeal of a decision by Mrs Justice Lieven. Lieven J had held that there was no need for the High Court to make an order authorising the deprivation of J’s liberty in circumstances where both J’s parents and the local authority consented to the deprivation of liberty.
J is a 14-year-old boy with a number of diagnoses, including autism, ADHD, and Pica. J lives in a specialist children’s home. J is subject to a final care order under Section 31 of the Children Act 1989 (“CA 1989”). The Court of Appeal spelled out that the “major consequence of any care order is that it gives parental responsibility to the local authority, which is shared with the child’s parent(s), but with the local authority having control over the manner in which parental responsibility is exercised [CA 1989, s 33(3)]”.
The Prime Minister vowed to stop Britain from becoming an “island of strangers” as the government released its immigration White Paper. Key measures include: increasing the threshold for skilled worker visas; only allowing a narrow list of occupations onto the Temporary Shortage List; ending the social care visa route; restricting the ability to bring dependants to Britain; and increasing English language requirements for visa holders and dependants.
The Assisted Dying Bill has returned to Parliament; if approved, it would allow terminally ill adults with less than 6 months to live to commit medically assisted suicide. In the committee stage, over 500 amendments to the Bill were considered and about a third approved. The changes include removing the need for High Court approval and increasing the commencement period from 2 years to 4. A second debate is scheduled for 13 June. If you want to hear more about the AD bill, particularly its “six month” clause and what that will mean in practice, tune in to Law Pod UK Episode 218 and Episode 219.
Environmental campaign group Friends of the Earth, a disability rights activist, and a victim of coastal erosion are challenging the UK government’s climate adaptation programme (‘NAP3’) in the European Court of Human Rights. Published under section 58 of the Climate Change Act 2008, NAP3 outlines the government’s objectives and policies for adapting to climate change. The claimants argue that its failings—particularly with regards to vulnerable individuals—violate their rights under the Human Rights Act 1998 and the European Convention on Human Rights (ECHR). Norfolk resident Kevin Jordan’s coastal home was demolished following damage caused by Storm Ciaran and rising sea levels, and had to be housed elsewhere by the local authority. Doug Paulley, a wheelchair user whose long-term health conditions are severely worsened by extreme heat, was concerned about NAP3’s lack of planning and funding across health and social sectors to alleviate the impact of heatwaves.
Their application for judicial review was dismissed by the High Court in October last year and they have since been refused permission to appeal. Chamberlain J rejected arguments that the policy was insufficiently specific or ambitious, holding that s.58 merely required NAP3 to ‘address’ identified climate risks not to eliminate or minimise them. The court was not obliged under s.3 of the Human Rights Act to construe the statute in a way that better promoted the interests protected by the ECHR, over an interpretation that promoted those interests less effectively. Applying Verein KlimaSeniorinnen Schweiz v Switzerland, the court found the UK’s approach fell within its margin of appreciation. For similar reasons, the judge rejected the substantive claims that the inadequacies of NAP3 were sufficient to breach their human rights to life (Article 2), private life (Article 8) and peaceful enjoyment of possessions (A1P1), nor were they discriminated against on account of their vulnerable situations (Article 14). Chamberlain J considered the Secretary of State had breached the Public Sector Equality Duty in failing to assess the impacts of NAP3 on disabled and elderly people, but declined to quash the decision on this basis. A retrospective assessment in response to the legal challenge was sufficient to discharge the obligation, because the conclusion was that the programme should remain unchanged. It remains for the European Court of Human Rights to determine whether the UK courts’ stance complies with the Convention’s principles.
Chamberlain J has provided new guidance on when the court may order a rolled-up hearing. The procedural point arose in the context of an ongoing piece of strategic litigation, and resulted in an interlocutory judgment in R (Al-Haq) v SSBT [2025] EWHC 173 (Admin).
Al-Haq is an independent Palestinian human rights organisation. It brought a judicial review claim to challenge various decisions of the UK government in the licensing of exports of military and dual-use goods destined for Israel for potential use in Gaza. The decisions were taken by the Secretary of State for Business and Trade. Oxfam, Amnesty International and Human Rights Watch were granted permission to intervene.
The UK’s first transgender judge, Victoria McCloud, is bringing an action against the UK to the European Court of Human Rights over the Supreme Court’s ruling on biological sex in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. Lord Hodge, in this case, determined that the “unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”. McCloud – one of at least two individuals who had unsuccessfully sought leave to intervene in the proceedings – is bringing the action on grounds that her Article 6 rights, which guarantee the right to a fair trial, have been infringed. She argues that the Supreme Court refused to hear her evidence about the “impact of those trans people affected by the judgement” and failed to “give any reasons” for doing so. Further, in her submission, the court had not considered human rights arguments that “would have been put by trans people” leaving her with the “nonsense” of being “two sexes at once”. In contrast, the court had heard from “protest groups speaking on behalf of women” in the case. McCloud is now seeking a declaration that “the actions of the UK government and the Supreme court judgement violate her fundamental human rights”.
In an amendment to the Border, Security, Asylum and Immigration Bill which is being considered by Parliament, the Home Office seeks to ban foreign sex offenders from claiming asylum in the UK. The amendment would affect anyone who qualifies for sex offender status. Under Article 1F of the Refugee Convention 1951 countries are entitled to refuse asylum to terrorists, war criminals and individuals convicted of a particularly serious crime who present a danger to the community. Where a conviction qualifies a foreign national for the sex offenders’ register – regardless of the length of sentence they receive – that will lead to their refugee status being denied, on the basis that they will be presumed to have been convicted of a “particularly serious crime” . The Government has said that they are “toughening [their] approach to border security through stricter enforcement of the rules”, in an attempt to make “Britain’s streets safer”. Specifically, Home Secretary Yvette Cooper has argued the amendment would ensure these “appalling crimes are taken seriously”. Steve Valdez-Symonds, at Amnesty International UK, however, has raised concerns that the Government is “rushing through late-stage amendments” to major legislations meaning that “laws are made without the full scrutiny and care they demand”. In his opinion this is an “irresponsible approach” to lawmaking.
The Supreme Court unanimously ruled that ‘man,’ ‘woman,’ and ‘sex’ refer to biological sex in the Equality Act 2010 (EA 2010). The appeal in For WomenScotland Ltd v The Scottish Ministers [2025] UKSC 16 concerned revised statutory guidance to the Gender Representation on Public Boards (Scotland) Act 2018. The revised guidance defines ‘woman’ as including a person with a Gender Recognition Certificate. These Certificates are issued under the Gender Recognition Act 2004 (GRA 2004) and change the recipient’s gender ‘for all purposes’ (section 9(1)); however, the GRA 2004 also provides that s9(1) can be disapplied by other legislation. This was termed a ‘carve out’ power in the Supreme Court’s judgment.
The Supreme Court held that the carve out applies to the EA 2010. In interpreting EA 2010, the Court looked to which definition of sex would make its provisions coherent and workable. A certificated-sex approach would create two sub-groups within the transgender community: those with a GRC would be entitled to greater rights than those without. The Court saw ‘no good reason’ why Parliament would intend this inequality of status. The Court also anticipated that parties seeking to fulfil their bifurcated duties under the EA 2010 would also face practical difficulties: there is no obvious outward difference between trans people with and without a GRC, and duty-bearers cannot ask whether a GRC has been obtained because it is confidential information.
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