London (Heathrow) Airport ~ Runway 3

In February 2020 the Court of Appeal (Civil Division) held that the Secretary of State had acted unlawfully in failing to take the Paris Agreement into account when designating as national policy the Airports National Policy Statement ("the ANPS") which governs the construction of a third runway at Heathrow Airport - post of 27 February 2020.

The Planning Act 2008 deals with authorisation of projects for the development of nationally significant infrastructure. Section 5 deals with National Polict Statements.

The Paris Agreement is

What is a valid certificate of motor insurance?

Almost 11 years ago I blogged about the Police power to impound vehicles - Post February 2010. 

The Road Traffic Act 1988 sections 165A and 165B empower a Police Officer in Uniform to seize vehicles in certain circumstances  - e.g. is a driver is asked to produce evidence that he has a driving licence or that the vehicle is insured and the driver is unable to do so.  Reasonable force may be used to seize the vehicle.

Section 165B states that the Secretary of State may by regulations make provision as to -

Coronavirus restrictions ~ Single Justice Procedure

On 9 December, published court lists show some 1443 cases listed for "Single Justice Procedure" (SJP). The cases listed are for matters such as keeping a vehicle without a valid vehicle licence, using a TV without a licence etc. In the overall picture of crime generally these are minor matters but are of consequence to the individuals involved.  

"Minor" offences are not necessarily without legal complications as was amply demonstrated by the cases involving using a mobile telephone whilst driving - DPP v Barreto [2019] EWHC 2044 (Admin).

Single Justice Procedure:

The Criminal Justice and Courts Act 2015 introduced a Single Justice Procedure (SJP) in

Human Rights in the UK ~ Government sets up review of Human Rights Act 1998

The Conservative Party 2019 manifesto claimed that the UK 'has been a beacon of freedom and human rights' and would continue to be so. 

The same manifesto also contained a commitment to 'update the Human Rights Act and administrative law to ensure that there is a proper balance between the rights of individuals, our vital national security and effective government.'

Attacks on lawyers and human rights:

Recently, the Home Secretary has criticised the

Patrick Finucane ~ Public Inquiry rejected by the government

The UK government has deferred setting up a public inquiry relating to State collusion in the 1989 murder of Belfast lawyer Pat Finucane - The Guardian 30 November 2020.  Officially, the possibility of an inquiry has not been totally removed from the table.

The Government has committed to re-assess whether a public inquiry is necessary to resolve any outstanding obligations under Article 2 of the European Convention on Human Rights in light of a police review process (due to start in the New Year) and Police Ombudsman investigations.

For the anouncement

Proposed Repeal of Fixed-term Parliaments Act 2011

The Bill referred to in this post was replaced by a new Bill introduced in May 2021.

The Conservative Party 2019 manifesto included their plan to - "Get rid of the Fixed-Term Parliaments Act" 2011 which, it was claimed, "had led to paralysis at a time the country needed decisive action."

The 2011 Act:

The 2011 Act provided for Parliaments with a maximum term of 5 years. Under section 1 of the Act, the next general election would have to be in May 2024 - see section 1(3). 

The Act section 2 provided for the mechanism by

Coronavirus Restrictions ~ Regulations from 2 December 2020 ~ Dolan Judicial Review

NOTE: From 6 January 2021 new law applies. This post has been retained here for historical purposes.

December begins with a cold and frosty morning and the publication of the latest Coronavirus restrictions legislation applicable to England

The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020. (SI 2020/1374).

Note: Wales, Scotland, and Northern Ireland each have their own separate legislation.

For England, this is a return to a three tier system but it is NOT identical to the earlier three tier system.

The latest statutory instrument brings together the restrictions applicable in each of the three tiers. The result is a lengthy document - 70 pages pdf.

The new Regulations come into force on 2 December 2020 and will expire at the end of 2 February 2021. (What may then follow is almost anyone's guess at the moment)! 

The allocation of areas