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Gabriel Tan

@finishedloading.bsky.social
1.1K followers 33 following 57 posts

Public lawyer @admincourtblog.bsky.social

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Gabriel Tan @finishedloading.bsky.social · 11/08/2026
I said that about Majera! administrativecourtblog.wordpress.com/2025/12/10/a...
administrativecourtblog.wordpress.com
Analytical rigour in Article 8 immigration appeals
Less than two weeks after it handed down judgment in the Home Secretary’s successful Gaza family reunion appeal, the Court of Appeal has reiterated the need for courts to “accord appropriate weight…
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Gabriel Tan @finishedloading.bsky.social · 15/07/2026
They aren't HCJs of E&W (or otherwise of HC rank). The Chair is President of the BIOT CA and the other 4 are Justices of the BIOT CA – all appointed in 2024. A mix of circuit (Nott and Bird) and tribunal (Lane and Plimmer) judges for their 'day jobs'.
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Gabriel Tan @finishedloading.bsky.social · 12/06/2026
53 this year!
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Gabriel Tan @finishedloading.bsky.social · 03/06/2026
Judgment hand down for the Palestine Action appeal will be live-streamed from the Court of Appeal on 15 June at 11am.
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Gabriel Tan @finishedloading.bsky.social · 21/05/2026
Judgment tomorrow in the Palestine Action proscription appeal is only on the issue of reporting restrictions, the judgment for the appeal hearing will be handed down at a later date to be confirmed.
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Gabriel Tan @finishedloading.bsky.social · 30/04/2026
My recap of the second and final day of the OPEN aspect of the Palestine Action appeal hearing.
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Gabriel Tan @finishedloading.bsky.social · 29/04/2026
My recap of yesterday’s Palestine Action appeal hearing, including questions and observations from the bench.
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Gabriel Tan @finishedloading.bsky.social · 19/03/2026
The Court of Appeal hearing for the Home Secretary's appeal against the finding that the proscription of Palestine Action was unlawful has been listed for 28 April.
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Gabriel Tan @finishedloading.bsky.social · 25/02/2026
Divisional Court grants Home Secretary’s app for permission to appeal and suspends its quashing of proscription of Palestine Action pending determination of the appeal. Claimant’s app for permission to cross-appeal refused. The proscription Order remains in force. www.judiciary.uk/judgments/hu...
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Gabriel Tan @finishedloading.bsky.social · 13/02/2026
High Court’s judgment finding the proscription of Palestine Action was an unjustified interference with rights to freedom of association and assembly under arts 10/11 ECHR, and inconsistent with the Home Secretary’s own policy. www.judiciary.uk/wp-content/u...
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Gabriel Tan @finishedloading.bsky.social · 12/02/2026
The High Court will hand down judgment tomorrow in the judicial review against the Home Secretary’s proscription of Palestine Action.
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Gabriel Tan @finishedloading.bsky.social · 23/01/2026
Congratulations @alasdairmackenzie.bsky.social, massively well-deserved!
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Gabriel Tan @finishedloading.bsky.social · 21/01/2026
"There appears to have been no reference to section 20C of the Juries Act 1974, and therefore no attempt to explain how Mrs Warner’s behaviour could be described as lawful, given the possibility that it constituted a criminal offence."
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Gabriel Tan @finishedloading.bsky.social · 21/01/2026
A highly sceptical Court of Appeal decision on the origins and consequences of the principle of jury equity and Saini J's decision in the Trudi Warner case. caselaw.nationalarchives.gov.uk/ewca/crim/20...
caselaw.nationalarchives.gov.uk
Rosemary Webster & Ors v The King - Find Case Law - The National Archives
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Gabriel Tan @finishedloading.bsky.social · 20/01/2026
Very severe criticisms by Collins Rice J of the SDT’s reasoning, including that it was “replete with risk of unfairness”, reached adverse conclusions which are not “adequately comprehensible”, and its “vehemence and disparagement” against Mr Hurst being “troubling”.
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Gabriel Tan @finishedloading.bsky.social · 20/01/2026
The High Court has set aside the Solicitors’ Disciplinary Tribunal’s determination against Ashley Hurst, relating to correspondence sent to Dan Needle for Nadhim Zahawi, for insufficient analysis/reasoning, legal misdirection, and unfairness. caselaw.nationalarchives.gov.uk/ewhc/admin/2...
caselaw.nationalarchives.gov.uk
Ashley Hurst v Solicitors Regulation Authority - Find Case Law - The National Archives
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Gabriel Tan @finishedloading.bsky.social · 16/01/2026
Lord Reed has announced his intention to retire from the Supreme Court on 10 January 2027. www.supremecourt.uk/news/lord-re...
supremecourt.uk
Lord Reed announces his retirement from the UK Supreme Court - UK Supreme Court
Lord Reed of Allermuir to retire from the UK Supreme Court
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Gabriel Tan @finishedloading.bsky.social · 27/10/2025
The IPT has dismissed complaints made by two Guantanamo Bay detainees alleging public law illegality by UK security agencies in their ill-treatment by the US: www.judiciary.uk/wp-content/u... The substantive findings/reasons for dismissing all substantive grounds are contained in a CLOSED judgment.
judiciary.uk
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Gabriel Tan @finishedloading.bsky.social · 18/10/2025
... obligations or if the UK withdrew from those treaties. The significance of the issue is that a state is bound by a norm of CIL in the absence of treaty obligations. It is not inconceivable that we, or some other national court, could at some point be called upon to determine that question.”
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Gabriel Tan @finishedloading.bsky.social · 18/10/2025
On whether non-refoulement is rule of CIL, and UKSC's consideration in Rwanda case: “In the context of that appeal, we did not have to determine whether the principle amounts to a rule of customary international law.. It would have been highly relevant if there were not a number of binding treaty..
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Gabriel Tan @finishedloading.bsky.social · 18/10/2025
Lord Sales, "The UK Supreme Court’s approach to customary international law" (Presentation to ECtHR Judges) supremecourt.uk/uploads/spee...
supremecourt.uk
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Reposted by Gabriel Tan
Anurag Deb @anuragdeb.bsky.social · 07/07/2025
Good post from @finishedloading.bsky.social. An assertion by a public authority of compliance with unincorporated international law can't per se incorporate that law so as to give rise to enforceable + interpretable obligations in domestic law. To do otherwise might turn the clock back to 1688.
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Reposted by Gabriel Tan
Anurag Deb @anuragdeb.bsky.social · 05/07/2025
There were back to back interim relief hearings (application + appeal) in the Palestine Action case yesterday. Here, @finishedloading.bsky.social breaks down the judgments of the EWHC and EWCA denying interim relief against proscription to Palestine Action.
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Reposted by Gabriel Tan
Lewis Graham @lewisgrahamlaw.bsky.social · 23/06/2025
Two recent blogs from the @admincourtblog.bsky.social team on the VAT exemption case: Part I on Pepper v Hart by @anuragdeb.bsky.social is here: administrativecourtblog.wordpress.com/2025/06/19/a... Part II on the ECHR dimension by me is here: administrativecourtblog.wordpress.com/2025/06/23/a...
administrativecourtblog.wordpress.com
ALR and others: the human rights dimension
This is the second in a three-part analysis of R (ALR and others) v Chancellor of the Exchequer [2025] EWHC 1467 (Admin). In this post, I will look at the core human rights challenges in the judgme…
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Reposted by Gabriel Tan
Anurag Deb @anuragdeb.bsky.social · 19/06/2025
I'm a fan of pepper in my food, but not Pepper in my case law* Here, I use the private schools VAT JR to explain why. *The slander of terrible jokes will not be tolerated.
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Gabriel Tan @finishedloading.bsky.social · 14/06/2025
CA has listed a hearing on 26 June for Liberty’s appeal against the HC’s refusal of permission to challenge the length of the EHRC’s Code of Practice consultation, 4 days before the consultation is to end. @samuelwillis.bsky.social and I blogged below on the HC’s reasons for refusing permission.
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Gabriel Tan @finishedloading.bsky.social · 12/06/2025
The AG is creating a new Senior Treasury Counsel (Civil) Group, which "sits alongside proposed changes to the role of First Treasury Counsel, principally by relaxing the current requirement that the postholder undertakes work exclusively for government." www.gov.uk/government/n...
gov.uk
Apply to join the Attorney General’s Senior Treasury Counsel (Civil) Group
Applications to join the Attorney General’s Senior Treasury Counsel (Civil) Group are now open
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Gabriel Tan @finishedloading.bsky.social · 22/05/2025
It was a pleasure to reflect candidly on the role (both good and bad) social media use played in my pupillage application journey! Anurag was one of the first legal SM contacts I interacted and then met with in person, so here’s a picture from our ALBA moot participation 3 years ago to reminisce!
Anurag and I in front of the UK Supreme Court entrance.
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Gabriel Tan @finishedloading.bsky.social · 14/05/2025
Thank you, it's been a long old slog!
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Gabriel Tan @finishedloading.bsky.social · 14/05/2025
I am very pleased to have accepted an offer of traineeship at Matrix Chambers, commencing in October 2026. I can't wait to get started working on the cutting-edge legal issues raised across Chambers' immense expertise in a range of practice areas.
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Gabriel Tan @finishedloading.bsky.social · 30/04/2025
Court of Appeal will hand down judgment in SSHD’s appeal against High Court’s judgment upholding Liberty’s serious disruption regulations judicial review this Friday.
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Gabriel Tan @finishedloading.bsky.social · 16/04/2025
… have to depend on submissions by advocates nor should it have to piece together a number of different documents in order to understand what happened.”
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Gabriel Tan @finishedloading.bsky.social · 16/04/2025
Singh LJ on D’s duty of candour in JR: “The Court should (in proper evidence, i.e. in a witness statement) be given a full, accurate and clear explanation of the decision-making process used by the public authority concerned and should not… assets.caselaw.nationalarchives.gov.uk/ewca/civ/202...
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Gabriel Tan @finishedloading.bsky.social · 24/03/2025
The JCPC (Reed judgment) affirms that the duty of candour in JR applies at permission stage ([91]) and non-compliance with the duty ([93]) can be a factor in favour of granting permission. caselaw.nationalarchives.gov.uk/ukpc/2025/14
caselaw.nationalarchives.gov.uk
National Bank of Anguilla (Private Banking and Trust) Ltd (in Administration) and another v Chief Minister of Anguilla and 3 others (Anguilla) - Find Case Law - The National Archives
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Gabriel Tan @finishedloading.bsky.social · 26/02/2025
This is a nowadays rare example of the UKSC applying the principle of interpretation that "courts should seek to interpret domestic law in a way that is compatible with the United Kingdom’s international treaty obligations" to find in favour of a C's construction of statute (here, the BNA 1981).
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Gabriel Tan @finishedloading.bsky.social · 26/02/2025
"[89]: In the present case we consider that this approach to interpretation... calls for consideration and protection of E3’s individual rights according to the principle of legality and under the Statelessness Convention... in so far as that does not compromise the statutory purpose."
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Gabriel Tan @finishedloading.bsky.social · 26/02/2025
"[88]: The legal effect of a failure to comply with a condition for the exercise of a power conferred by a statute, where that is not spelled out expressly, depends upon an inference as to Parliament’s intention as to what that effect should be..."
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Gabriel Tan @finishedloading.bsky.social · 26/02/2025
UKSC allows Cs' appeals in N3/ZA, holding that, where the SSHD withdraws citizenship deprivation decisions, the decisions are to be treated as having no effect for determining one's citizenship status in the period from the date of the order until it is withdrawn. www.supremecourt.uk/cases/uksc-2...
supremecourt.uk
N3 (AP) (Appellant) v Secretary of State for the Home Department (Respondent) - UK Supreme Court
If the Secretary of State withdraws an order depriving a person of citizenship because they accept that the order has made the person stateless, does this mean that the original order is of no effect ...
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Reposted by Gabriel Tan
Administrative Court Blog @admincourtblog.bsky.social · 21/02/2025
The contours of rationality administrativecourtblog.wordpress.com/2025/02/21/t...
administrativecourtblog.wordpress.com
The contours of rationality
Rationality review is a cornerstone of judicial review. Often referred to as a “backstop”, judicial review on grounds of rationality is probably the ground which public lawyers, when considering a …
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Reposted by Gabriel Tan
Administrative Court Blog @admincourtblog.bsky.social · 21/02/2025
No Retrospective Effect of Remedial Order administrativecourtblog.wordpress.com/2025/02/21/n...
administrativecourtblog.wordpress.com
No Retrospective Effect of Remedial Order
The Background This note concerns the Upper Tribunal’s decision in AET v Secretary of State for Work and Pensions [2025] UKUT 16 (AAC) (14 January 2025). Back in 2020, in the case of R (Jackson) v …
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Reposted by Gabriel Tan
Administrative Court Blog @admincourtblog.bsky.social · 31/01/2025
No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...
administrativecourtblog.wordpress.com
No “own motion” duty in discretion fettering cases
The classic formulation of the non-fettering principle comes from the famous British Oxygen Co case. In the words of Lord Reid, there is a “general rule” that “anyone who has to exercise a statutor…
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Gabriel Tan @finishedloading.bsky.social · 22/01/2025
A really big decision on non-refoulement, raising a myriad of important issues, which I think is likely to reach the Supreme Court.
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Gabriel Tan @finishedloading.bsky.social · 22/01/2025
CA finds that, where SSHD considers a refugee poses a national security risk, there is no obligation to conduct a balancing exercise weighing the risk posed, against cost etc of any measures to ameliorate the risk, to lawfully revoke refugee status. caselaw.nationalarchives.gov.uk/ewca/civ/202...
caselaw.nationalarchives.gov.uk
D8 v Secretary of State for the Home Department - Find Case Law - The National Archives
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Gabriel Tan @finishedloading.bsky.social · 20/01/2025
[27]: Procedural fairness is a hard-edged question of law and an appellate tribunal is not limited to overturning a decision on the basis that it was outside the range of reasonable outcomes; the question is simply whether the lower tribunal's decision is wrong. www.judiciary.uk/judgments/ra...
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Gabriel Tan @finishedloading.bsky.social · 18/01/2025
Thank YOU – in our nerd group @lewisgrahamlaw.bsky.social we call mandatory orders the "Ollie Persey order" now
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Gabriel Tan @finishedloading.bsky.social · 17/01/2025
… and all the more so where the scope of any appeal is as limited as the Supreme Court has now held it to be.” assets.caselaw.nationalarchives.gov.uk/ewca/civ/202...
assets.caselaw.nationalarchives.gov.uk
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Gabriel Tan @finishedloading.bsky.social · 17/01/2025
Underhill LJ in related case heard by same CA constitution: “It is a matter of basic fairness that a person whom the Secretary of State proposes to deprive of British citizenship should have the opportunity to put forward reasons in opposition…
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Gabriel Tan @finishedloading.bsky.social · 17/01/2025
CA overrules Upper Tribunal approach to deprivation of citizenship for fraud appeals in Ciceri and Chimi: caselaw.nationalarchives.gov.uk/ewca/civ/202...
caselaw.nationalarchives.gov.uk
Amjad Ali Chaudhry v Secretary of State for the Home Department - Find Case Law - The National Archives
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Gabriel Tan @finishedloading.bsky.social · 16/01/2025
But where they have been issued, whether it is proper to continue withholding from C the intended departure time must be considered through the prism of the duty of candour and CPR 39.8(3).
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Gabriel Tan @finishedloading.bsky.social · 16/01/2025
Where proceedings have not been issued, there is no impediment on GLD sending private communications advising the Admin Court of planned departure times to ensure relevant out-of-hours judges are on notice.
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