Elizabeth O’Loughlin (University of Durham), Cassandra Somers-Joce (King’s College, London and University of Oxford) and Gabriel Tan (University of Oxford and University of Durham) Introduction The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations … Continue reading
As Human Rights Watch’s 2020 global report on LGBT rights illustrates, LGBT people still face significant prejudice, discrimination, and even violent persecution around the world. For LGBT people able to flee, the right to seek asylum offers the hope of safety. But under the Government’s Illegal Migration Bill – which imposes a ban on seeking … Continue reading
Mustaqim Iqbal (University of Oxford) and Lee Marsons (University of Essex) Reforming judicial review remedies is back on the legislative agenda. The last time similar proposals were suggested, the result was section 84 of the Criminal Justice and Courts Act 2015 (CJCA), which inserted section 31(2A)-(2C) and (3C)-(3F) into the Senior Courts Act 1981. This … Continue reading
Mandatory Orders and the enforcement of public law duties: R (Imam) v Croydon LBC By Gabriel Tan In public law, the imposition of a duty on a public body means that the body must act in a particular way, or secure a particular outcome. Where these duties are not fulfilled, the most direct and effective … Continue reading
Debating judicial power after the Independent Review of Administrative Law By Gabriel Tan On 18th March, the Cambridge Union hosted their Final Debate of Lent 2021 on the motion: ‘This House Believes Judges Make Better Law Than Politicians’, with two former Supreme Court Justices, Lord Sumption and Lord Neuberger, speaking on opposite sides of the … Continue reading