Landmark ECtHR judgment turns the dial on climate change litigation
Kingsley Napley | Public Law Blog
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1w ago
The Grand Chamber of the European Court of Human Rights has delivered its much-awaited judgments in three high-profile climate change cases ..read more
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A Plethora of Public Inquiries
Kingsley Napley | Public Law Blog
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5M ago
This article was first published by New Law Journal on 4th August ..read more
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Legislating badly?
Kingsley Napley | Public Law Blog
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8M ago
Measures introduced in the Queen’s Speech risk fuelling legislative bad habits.  ..read more
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Who makes UK law?
Kingsley Napley | Public Law Blog
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8M ago
Is the current approach to delegated legislation undermining the constitutional balance between executive & legislature?  Today, most UK laws are made by government ministers with little parliamentary involvement, risking potentially serious consequences. Tighter control over the use of delegated legislation is now required. A better system of scrutiny needs to be introduced. A reassertion of the boundary line between primary and delegated legislation is also called for ..read more
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Lunges, parries & the ouster clause
Kingsley Napley | Public Law Blog
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8M ago
Ouster clauses are provisions inserted into legislation to prevent judicial review challenges that target particular decisions by public bodies. They exclude the common law supervisory jurisdiction of the courts. The basis for them is that, under our constitution, Acts of Parliament are supreme and Parliament can curtail the jurisdiction of the courts if it so chooses ..read more
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Company investigations: Common traps and how to avoid them
Kingsley Napley | Public Law Blog
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11M ago
Company investigations are often fraught with issues and there is much to consider. Those in charge are commonly afforded very little time before having to proceed. It therefore pays to be aware of some of the potential pitfalls at the outset ..read more
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ICO regulatory update: The only constant is change Spring 2023
Kingsley Napley | Public Law Blog
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1y ago
The Information Commissioner’s Office (ICO) regulates every organisation which deals with personal data and official data in the UK (and sometimes overseas). Its remit extends across the public and private sector, including multinationals, SMEs, public authorities and charities ..read more
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‘Made in China’ as Possible Supply Chain Money Laundering
Kingsley Napley | Public Law Blog
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1y ago
It is estimated that 30% of the world’s production of cotton originates in China. Of that cotton 85% originates in Xinjiang, which is the centre of the Uyghur atrocities. Recently before the High Court, the World Uyghur Congress (“the WUC”) argued that UK authorities were under a duty to block and/or launch money laundering investigations into the many imports of Xinjiang cotton brought into the UK - many by household names in the clothing industry – because of the high likelihood of prison and forced labour forming the start of the supply chain ..read more
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Case note – the appropriate venue for bringing a judicial review claim
Kingsley Napley | Public Law Blog
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1y ago
CPR PD 54C - Administrative Court (Venue) provides that, save in relation to a small number of excepted claims, judicial review claims “should be commenced at the Administrative Court office for the region with which the claim is most closely connected” and that “the proceedings may either on the application of a party or by the Court acting at its own initiative, be transferred from the Administrative Court Office at which the Claim Form was issued to another Office. Such transfer is a judicial act” (paragraphs 2.1 and 2.3 ..read more
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Gender recognition and the risk of encouraging a constitutional crisis
Kingsley Napley | Public Law Blog
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1y ago
This week it was announced that the UK Government has blocked the Gender Recognition Reform (Scotland) Bill (“the Bill”) from receiving Royal Assent by invoking its powers under section 35 of the Scotland Act 1998. As well as causing disappointment and heart ache for trans people and allies who had welcomed the Bill, some say it also risks encouraging a constitutional crisis. But why is the bill so controversial and what is section 35 ..read more
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