The Supreme Court has, once again, rejected a challenge to the compatibility of primary legislation with the ECHR. It has ruled that section 128(1) of the Police, Crime, Courts and Sentencing Act 2…

The Upper Tribunal has recently ruled that the Home Office has been acting unlawfully, for at least nine years, by failing to publish its policy of only ever granting 12 months’ permission to remai…

The Court of Appeal has continued to emphasise the strictness of the approach which should be applied by courts and tribunals when individuals challenge immigration decisions by relying on their ri…

Introduction Fordham J introduces R (Wild Justice) v Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2026] EWHC 1573 (Admin) (26 June 2026) using striking language (at [1]):…

The Secretary of State for Housing, Communities and Local Government decided to claw back £2,121,431.66 awarded to Cornwall Council under the European Regional Development Funding (ERDF) framework.…

A public authority makes a decision. That decision is amenable to judicial review. But when the lawfulness of that decision it comes to be reviewed by a court or tribunal, what standard of review s…

The Court of Appeal has considered, and rejected, a human rights challenge to regulations which govern the operation of the two-child benefit cap (and its exceptions). The Court upheld the decision…

The High Court (Sheldon J) has held that Parole Board guidance stating that oral hearings for applications to terminate IPP prisoners’ licences are only required in exceptional circumstances, and t…

The Court of Appeal has recently emphasised that challenges to deportation on the basis of human rights grounds must be determined by applying the specific statutory framework in play, rather than …

The Outer House of the Court of Session (Lady Ross) has ruled that the applicable policy detailing the circumstances under which trans women ought to be accommodated in the Scottish prison estate i…

The Court of Appeal has unanimously allowed the Home Secretary’s appeal against the Divisional Court’s conclusion that her decision to proscribe Palestine Action was unlawful on both policy and hum…

It is well-known that there is no general common law duty on public authorities to carry out a consultation before making a decision. However, such a duty may arise if certain conditions are met. T…

Article 5 of the European Convention on Human Rights (ECHR) protects the right to liberty, and guarantees that nobody shall be “deprived” of their liberty unless certain conditions, set out in that…

On 31 March 2026, Chief Justice of the British Indian Ocean Territory (BIOT) Supreme Court James Lewis KC struck down a part of the BIOT’s constitution on the ground that it was unlawful and irrati…

There has, in recent years, been an increasing number of public law judgments engaging with fundamental principles on the use of judicial review remedies, primarily the use of mandatory orders. Som…

In a wide-ranging High Court judgment, Saini J considered, and rejected, a number of distinct challenges against the Secretary of State’s decision to impose sanctions on the nephew of an associate …

The Outer House of the Court of Session has handed down an interesting case, considering the circumstances under which an administrative delay may be declared unlawful on the basis that it is Wedne…

This post contains a recap of the second of two days (29 April) of OPEN hearings in the Court of Appeal’s hearing in the Palestine Action appeal. The recap of the hearing on day 1 can be read on th…

The Court of Appeal hearing in the Palestine Action proscription appeal commenced today (28 April). It will last till 4.30pm tomorrow (29 April). This blog contains a recap of today’s arguments, in…

The Divisional Court (Holgate LJ, Farbey J) has held, in the judicial review challenging the Met’s policy governing the use of life facial recognition (“LFR”), that the mere fact of a discretionary…

The High Court (Mansfield J) has held that Thlimmenos discrimination can only apply where a claimant is asking for an exception to be introduced to an otherwise general rule; it does not apply wher…

An individual wishes to exercise their right to appeal against the decision of a tribunal. They must do so within a statutory time limit. In addition, they must also pay a fee. What happens, then, …

The High Court (Eyre J) has held that the adoption of a fixed rule by the Home Secretary that she would only issue eVisas, and not physical documents, as proof of immigration status does not consti…

The Court of Appeal has ruled, by a majority (Lord Justice Dingemans, Senior President of Tribunals and Lord Justice Cobb; Lady Justice Laing dissenting) that the Home Secretary has the power to wi…

The Divisional Court (Lewis LJ, Chamberlain J) sitting in Cardiff has held that recognising a common law duty on Welsh ministers to consult before introducing legislation in the Senedd would infrin…

The Upper Tribunal has found that the Home Office’s decision to impose a “No Recourse to Public Funds” condition on a number of refugees and asylum seekers relocated to the UK from the Chagos Islan…

The High Court (Saini J) has held that the question of what the UK’s historical “national security objectives” for the purpose of the Afghan Relocation and Assistance Policy (“ARAP”) is…

Article 5 ECHR requires that, where sufficient rehabilitation is a prerequisite to a prisoner being released, the prison authorities must make satisfaction of that condition reasonably achievable i…

Introduction The Court of Appeal has rejected a challenge, based on human rights grounds, to the government’s decision to remove an entitlement to VAT exemption from private schools. Whilst ultimat…

The High Court (Chamberlain J) has held that the AF3 heightened disclosure standard does not apply in a high-profile national security and human rights solicitor’s challenge against North Wales Pol…

The Supreme Court has held that the offence of expressing an opinion or belief in support of a proscribed organisation in s.12(1A) of the Terrorism Act 2000 does not disproportionately interfere wi…

Last week, the Court of Appeal dismissed the Home Secretary’s appeal against the decision of the First-tier Tribunal (FTT) to allow the appeal of Kamran Safi against his deportation to Afghanistan …

The High Court has refused five claimants permission to bring a challenge to the Metropolitan Police’s policy requiring practicing Freemasons to declare membership of that organisation to their sup…

The Court of Appeal has rejected a challenge brought by the British Medical Association against the General Medical Council’s decision to describe physician associates and anaesthesia associates as…

On 13 February 2026, Mr Justice Swift in the High Court dismissed a challenge to guidance issued by the Equality and Human Rights Commission (“EHRC”). This interim guidance   sought to as…

The Court of Appeal (Baker and Elisabeth Laing LJJ, Sir Nicholas Underhill) has allowed the Home Secretary’s appeal against the High Court’s finding that her failure to provide digital documentatio…

This morning (13 February 2026) the High Court (Dame Victoria Sharp PKBD, Swift and Steyn JJ) upheld the challenge against Palestine Action’s proscription on two grounds: (i) breach of the Home Sec…

The High Court has upheld the judicial review against the Home Secretary’s proscription of Palestine Action on two grounds. First, the Home Secretary exercised the discretion to proscribe taking ac…

The High Court has considered for the first time the impact of section 12 of the Illegal Migration Act 2023 (IMA 2023) on the operation of the Hardial Singh principles in challenges against immigra…

The First-tier Tribunal had delivered a ruling in which it has allowed a claimant to challenge the imposition of a liability order on public law grounds, despite the jurisdiction for this not being…

In the recent case of R (Tasib) v Secretary of State for the Home Department [2026] EWHC 139 (Admin) (28 January 2026) the High Court (Farbey J) had an opportunity to consider the contours of the p…

Sex Matters is a campaigning organisation which was set up in 2021 and which, controversially, obtained charitable status in 2024. Its stated objectives are to “promote human rights where they rela…

The Court of Appeal (Lady Carr LCJ, Singh and Whipple LJJ) has allowed the Metropolitan Police’s appeal against the High Court’s finding that unproven allegations and allegations resulting in a det…

A longstanding bugbear of mine is the lack of transparency over remedial discretion in published judicial review judgments, i.e. not seeing in published judgments what the remedy for a successful j…

The Divisional Court (Males LJ, Bourne J) has dismissed a claim seeking to enforce unincorporated treaty obligations in strident terms. The judgment makes new points paving the way for the eventual…

The Court of Appeal has criticised Saini J’s high-profile judgment on the scope of jury equity in HM Solicitor General v Warner [2024] EWHC 918 (KB). The case is Webster v The King [2026] EWCA Crim…

This case concerns the authorisation by the Secretary of State for the use of PAVA (pelargonic acid vanillylamide) spray on young offenders in Young Offender Institutions. In April 2023 the Nationa…

The Court of Appeal (Lewis, Peter Jackson, and Stuart-Smith LJJ) has affirmed the High Court’s conclusion that an application to the Windrush Compensation Scheme (“the WCS”) does not involve the de…

Introduction: Rubery v Ministry of Defence The Court of Appeal recently (15 January 2026) handed down its judgment in the case of Rubery v Ministry of Defence [2026] EWCA Civ 8. Elisabeth Laing LJ …