header-logo header-logo

Under review

Khawar Qureshi QC considers the relationship between judicial review and Article 6

There is an undoubted increase in the willingness and ability of the courts to review executive decisions, largely as a result of the impact of the Human Rights Act 1998 (HRA 1998) and the use of the doctrine of proportionality.
It is essentially as a result of the application of the doctrine of proportionality that the House of Lords recently ruled that disclosure might be more readily available in judicial review proceedings, where it is necessary to provide the context of a decision, than was previously the case, ie very rarely (see Tweed v Parades Commission for Northern Ireland [2006] UKHL 53, [2006] All ER (D) 175 (Dec). See this issue p 313).

Tweed signalled a recognition on the part of their Lordships that the factual basis for a decision may be critical in evaluating the propriety of the decision itself. Therein lies the heart of the issue the European Court of Human Rights (ECtHR) was required to consider in Tsfayo v UK (Application No 60860/00) [2006] All ER (D) 177

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll