Judicial review: the independent panel and Scotland

Court of Sesson, Edinburgh

As reported in this earlier post, the government has set up an independent panel to examine judicial review. The panel will be chaired by Lord Edward Faulks QC- see the UK Government Press Release 31 July 2020 and the panel's terms of reference.

The Panel and Scotland:

Although details differ, a process of judicial review is available in each of the legal jurisdictions of the UK (i.e. England and Wales, Scotland, Northern Ireland). Wales is not yet a separate legal jurisdiction

Roundup of News 21 August 2020

Coronavirus updates:

Bar Council - Coronavirus advice and updates

Law Society - Coronavirus (Covid-19) information for members

Institute of Legal Executives - Coronavirus information

UK - EU negotiations;

Statement by M. Barnier 21 August 2020

Statement by D. Frost 21 August 2020

UK in a Changing Europe - Latest on the UK EU negotiations

Professor Chris Grey - Brexit blog

EU Law Analysis - Professor Steve Peers -  Guide to Brexit Sources

R v Hashem Abedi ~ Manchester Arena bomb attack ~ 55 year mimimum terms

The weather in Manchester on Monday 22 May 2017 was the finest that only an English spring can bring. Here was a perfect evening to to attend the Ariana Grande concert at the Manchester Arena.

After the concert, as people were leaving the building, Salman Abedi detonated an improvised explosive device (IED) in the foyer. He was killed. Twenty-two others were also killed - the youngest a mere 8 years old. Over 260 suffered physical injuries and many more survivors suffered psychological trauma.

The making of the IED and the attack were

Coronavirus restrictions: the thicket of legislation

Update 24 September 2020 - This post has now been replaced by 

Coronavirus - The Thicket of legislation Update 24 September

The following is the original post of 15 August.

The weather has been sunny and hot with thunderstorms in various places. The full lockdown has eased. The cafes and pub beer gardens have become busy as customers gather under the sunshades to enjoy their refreshments. Any guidance about "social distancing" is usually ignored. The local shops are also enjoying greater trade after a worrying few months when many were closed down by law.

Children, whose schooling has been disrupted since March by school closures, are now enjoying the summer school holiday. The annual examinations for GCSE and A Levels were cancelled and

Crossing the Channel ~ some notes

"Since earliest times, humanity has been on the move. Some people move in search of new economic opportunities and horizons. Others move to escape armed conflict, poverty, food insecurity, persecution, terrorism, or human rights violations and abuses. Still others do so in response to the adverse effects of climate change, natural disasters (some of which may be linked to climate change), or other environmental factors. Many move, indeed, for a combination of these reasons" - New York Declaration for Refugees and Migrants.

Approximately 4000 individuals - mostly young males - have crossed the English Channel this year from France to the UK and, on 11 August, it was reported that the UK and France were working 'at pace' on a plan to halt such crossings - The Guardian 11 August 2020.

This is not a new issue. In November

PC Harper ~ manslaughter ~ sentencing, undue leniency, retrials, young adults

Full maturity and all the attributes of adulthood are not magically conferred on young people on their 18^th birthdays - Lord  Burnett CJ - Clarke, Andrews and Thompson [2018] EWCA Crime 185

On 15 August 2019, three irresponsible young men - Henry Long, Albert Bowers, Jessie Cole - stole a quad bike. It was a planned theft and something they did frequently. The quad bike was towed away from its owner's property. When confronted by the Police they implemented their escape plan.  This required them to disconnect the tow loop from the quad bike and to drive away at speed as soon as all of them were in the car. As they drove away, PC Harper was caught up by the loop which was still attached to the car. He was dragged at high speed over a considerable distance and killed as a result.

The three were charged with murder. A first trial

Be concerned: be very concerned ~ a review of Judicial Review

The 1986 David Cronenberg film "The Fly" contained the line - "Be afraid: be very afraid."  A scientist was working on "teleportation" and started to turn into an insect. He pleaded with one of the characters, "Don't be afraid." The reply was, "Be afraid: be very afraid."

Panel on judicial review:

Last week I wrote about the emergence of government plans regarding the 2019 manifesto commitment to set up a Constitution, Democracy and Rights Commission within the first year of a Conservative government. Although it is not yet fully clear, the