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  • Niazi & Others v Home Secretary: no requirement to consult

    Carl Gardner
    July 4, 2007

    Last week I missed an interesting Administrative Court judgment on an important issue: whether the then Home Secretary, Charles Clarke (gosh – doesn’t that seem a long time ago?) acted lawfully when, in April 2006, he announced in Parliament […]

    Tags: consultation, judicial review, legitimate expectation
  • Brown’s constitutional package

    Carl Gardner
    July 3, 2007

    Gordon Brown has today made a statement to the House of Commons on his plans for constitutional change – and overall, I have to say it’s a mixed but overall reasonably good package. It’s not as ambitious or radical […]

    Tags: constitution
  • Blawg Review 115

    Carl Gardner
    July 3, 2007

    What an excellent Blawg Review by Nearly Legal. The British really are coming!

    Tags: Uncategorized
  • Keeper of vehicle may be required to name driver to police: Strasbourg upholds road traffic legislation

    Carl Gardner
    July 2, 2007

    The European Court of Human Rights’s ruling last Friday in the cases of O’Halloran and Francis means the police, when they http://www.gooakley.com/ suspect a driving offence has been committed, can continue to compel the registered keepers of […]

    Tags: human rights
  • Health Act 2006: smoking ban now in force

    Carl Gardner
    July 1, 2007

    As has been widely reported, sections 1 to 12 of the Health Act 2006 came into force this morning, in effect introducing a ban on smoking in enclosed public places – including pubs, bars, caffs and restaurants as well […]

    Tags: health, human rights
  • Pat it is indeed

    Carl Gardner
    June 30, 2007

    The new Attorney is not, unfortunately, Lord Head of Legal, but is indeed Baroness Scotland, as predicted here (well, sort of). The civil servants or web http://www.gooakley.com/ contractors at Patsy’s new den haven’t yet updated […]

    Tags: government
  • Care homes are not public authorities under the Human Rights Act

    Carl Gardner
    June 21, 2007

    The House of Lords gave an important judgment yesterday, in YL v Birmingham City Council, on the scope of the Human Rights Act: it ruled by a 3-2 majority that a care home which provides care and accommodation to […]

    Tags: human rights
  • Goldsmith’s replacement

    Carl Gardner
    June 21, 2007

    Interesting to see that Joshua Rozenberg in today’s Telegraph takes the same view as Head of Legal about the next Attorney General. It’s probably either Baroness Scotland or Lord Grabiner. Mind you, given Gordon Brown’s wooing of possibly […]

    Tags: government
  • Health and Safety at Work: UK wins in European Court

    Carl Gardner
    June 18, 2007

    Last Thursday the ECJ gave judgment for the UK in infraction proceedings brought by the Commission. This is a major victory for the UK; and it might even turn out, one day, to be a milestone in the history […]

    Tags: employment, europe
  • Human Rights Act applies, exceptionally, in areas of effective British control abroad

    Carl Gardner
    June 13, 2007

    The House of Lords judgment in the Al-Skeini case today means the Human Rights Act will apply to what UK public authorities, such as the Army, do beyond these shores in areas of effective British control – like for […]

    Tags: human rights
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