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08 July 2016
Issue: 7706 / Categories: Case law , Law digest , In Court
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Constitutional law

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R (on the application of Bancoult (No2) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, [2016] All ER (D) 173 (Jun)

 

The Supreme Court dismissed the claimant’s appeal against a House of Lords’ decision of 2008 in which that court had decided s 9 of the British Indian Ocean Territory (Constitution) Order 2004 (the 2004 Constitution Order) which decided not to resettle the inhabitants on a British Indian Overseas Territory Island was valid and would not be quashed. The fresh evidence on which the claimant had sought to rely would not have caused the secretary of state to have reached any other conclusion.

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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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