Conference papers

Wales Conference 2018 – Papers and presentations

Various

On the 26 March 2018, PLP held its annual Wales Conference at Cardiff University, on the theme of Promoting Equalities for a fairer and more equal Wales. Below are some of the presentations and papers available from the day to share with you.…

26 Mar 2018

Conference papers

The duty of candour: Where are we now?

Iain Steele

The underlying principle is that a public authority’s objective should not be to win the case at all costs, but to assist the court in its role of ensuring the lawfulness of the decision under challenge, with a view to upholding the rule of law and improving standards in public administration. It must therefore fairly…

1 Dec 2017

Conference papers

Open justice and developments in the law on anonymity, access to material on the court file and reporting restrictions

Jesse Nicholls

It is often said that justice must not only be done, but be seen to be done. Given the sheer number of cases going through the courts, their physical inaccessibility to the vast majority of people, and the complex material relied on in the majority of cases, for justice to be seen to be done…

1 Dec 2017

Conference papers

Judicial Review of the Regulators

Andrew Lidbetter and Jasveer Randhawa

This paper of regulatory case summaries accompanied the seminar 2017 which was an update on the application of judicial review principles to the regulators across a range of commercial sectors, and focuses on recent cases and also particular trends.   Download paper…

22 Nov 2017

Conference papers

Parliamentary privilege, Article 9 of the Bill of Rights and admissibility

Martin Chamberlain QC and James Segan

This paper looks at the latest case law on the use that can be made of Parliamentary materials in litigation. Download paper…

22 Nov 2017

Conference papers

Top public law cases of the year

Naina Patel, Alison Pickup, Nusrat Zar

The number and diversity of public law cases is now such that a review of the year can only hope to cover a small sample of these.  The selection of cases we look at (from September 2016 to August 2017) necessarily reflects our personal choices, and no doubt, there are many others that could have…

22 Nov 2017

Conference papers

Armed Drones and Judicial Review

Sean Aughey

The UK Government’s use of remotely-piloted armed Reaper drones to conduct lethal strikes abroad , without placing the operator at risk of injury or capture , has given rise to considerable concerns of legality , transparency and accountability. Armed drones are not prohibited weapons under international law. However , drone strikes raise serious legal issues , which differ depending on the circumstances in which strikes are carried out.…

5 Jan 2017

Conference papers

Judicial Review of the Regulators 2016

Andrew Lidbetter and Jasveer Randhawa

This paper accompanied a seminar looking at the application of judicial review principles to the regulators across a range of commercial sectors , focused on recent cases and also particular trends.…

14 Dec 2016

Conference papers

Applications to the Attorney-General and s13 of the Coroners Act 1988

Emma Norton

There are essentially two ways in which a person may challenge the sufficiency of inquest proceedings or a decision by a coroner not to hold an inquest at all. The first and most obvious is by way of judicial review proceedings. The second is by way of a s13 application under the Coroners Act 1988.This paper will briefly consider the law and procedure pertaining to applications to the Attorney-General for a fiat and applications to the High Court pursuant to s13 of the Coroners Act 1988.…

9 Dec 2016

Conference papers

Investigatory Powers Bill, the Prevent duty, state secrecy and fundamental rights

Adam Straw

On 11 October 2016 the IPB passed the report stage , which leaves only the third reading before royal assent. It is likely to become law in January 2017. The Bill is an unprecedented legislative assault on privacy. Although it is welcome in that it seeks to regulate what the authorities have been doing anyway without any formal legal basis , it contains incredibly far-reaching powers with insufficient oversight.…

8 Dec 2016

Conference papers

Public law , public inquiries and public accountability

Jesse Nicholls

This paper considers some of the obligations and powers under which the State comes to investigate deaths , incidents of serious harm and abuse , and other forms of wrongdoing. These obligations and powers can , in limited circumstances , be used in judicial review proceedings to challenge decisions of Government and other public authorities on whether to conduct an investigation , and , if so , what form of investigation is required…

8 Dec 2016

Conference papers

Human Rights in the Court of Protection

Fiona McGhie & Rhys Hadden

The introduction of the Deprivation of Liberty Safeguards (“DoLSâ€) to the MCA 2005 on 1 April 2009 imposed a statutory responsibility on local authorities to oversee and operate a scheme to lawfully deprive the liberty of adults who lack the capacity to consent to arrangements made for their care or treatment in either hospitals or care home in their own best interests.…

17 Nov 2016