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Judicial Review, Proportionality and Appellate Standards: R(AR) v Chief Constable of Greater Manchester Police [2018] UKSC 47

What should an appellate court do in an appeal from an application of the proportionality test by a lower court? In his judgment for a unanimous UK Supreme Court in R (AR) v Chief Constable of Greater Manchester Police [2018] UKSC 48, Lord Carnwath concluded that the appellate court need not conduct the proportionality analysis […] Read more

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Parole: Law, Policy and Practice

I spoke today at a conference on Parole: Law, Policy and Practice, organised by the Cambridge Centre for Criminal Justice, at which I commented on the recent decision of the Divisional Court in R (DSD and NBV) v  The Parole Board [2018] EWHC 694 (Admin). This was a judicial review of the Board’s decision to direct […] Read more

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A Week of Arguments about Deference

Last week’s output from the Supreme Court of Canada featured four administrative law cases: one about the analytical tools used by the Correctional Service of Canada for dealing with aboriginal offenders (Ewert v. Canada, 2018 SCC 30); one about the Canadian Human Rights Tribunal’s refusal to entertain discrimination claims brought by members of Indigenous communities  […] Read more

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Right and Wrong on the Scope of Judicial Review: Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26

Sometimes courts reach the right results for the wrong reasons. The Supreme Court of Canada’s decision in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26, an important case about the scope of judicial review of administrative action, is a good example. The outcome is surely the right one, but the way […] Read more

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“Unfairness” in Administrative Law: R (Gallaher Group Ltd) v Competition and Markets Authority [2018] UKSC 25

There is a very useful discussion of the relationship between the “language” of administrative law and the grounds of review of judicial review of administrative action in the recent decision of the UK Supreme Court in R (Gallaher Group Ltd) v Competition and Markets Authority [2018] UKSC 25. At issue here was differential treatment of […] Read more

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Thinking about the Upcoming Trilogy: West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 SCC 22

David Mullan was (unsurprisingly) quite right: the Supreme Court of Canada’s decision in West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 seems to shed some light on how the Court is likely to approach the trilogy of cases in which it will revisit the standard of review analysis. There […] Read more