Jurisdiction(s):
United Kingdom

UK Public Law Q4 2023 Case Law: Rwanda policy unlawful; section 35 Scotland Act veto upheld; newcomer injunctions; Article 2 inquests scope; procurement ineffectiveness timing; candour redactions; Windsor Framework fines

Published on: 05 January 2024

Published by a LexisNexis Public Law expert

Legal News

Article summary

Editor’s note

Welcome to the fourth issue of the Public Law case law quarterly for 2023, spanning the closing quarter of the year. This instalment opens with a Court of Justice decision on how penalties should be calculated for UK breaches of EU law under the Windsor Framework, alongside a constitutional law ruling from the Scottish Court of Session affirming the UK Government’s intervention under section 35 of the Scotland Act 1998 (SA 1998) to stop Royal Assent for a Scottish Bill. Also featured are Supreme Court decisions, including the finding that the UK Government’s Rwanda policy concerning asylum seekers is unlawful, together with rulings on the scope of the duty in human rights law to investigate deaths occurring before the Human Rights Act 1998 (HRA 1998) took effect, on the factors judges ought to weigh when deciding whether to grant a mandatory order against a local authority, and on so‑called ‘newcomer’ injunctions targeting unidentified persons who might later join a protest or trespass in the future as well...

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