Jonathan Mitchell QC

This important new tribunal, with judicial review jurisdiction, really deserves a far fuller post than it is going to get from me right now. However, this should I hope give the basic information on the Administrative Appeals Chamber which comes into existence in Scotland on 3 November; see also ‘Proposal to remove judicial review from Scottish courts‘ for further proposed changes. I would particularly welcome corrections, additions, updatings, or further links on this item: comments below, please. Note: expanded and updated, 1 November; 2 November. Continue Reading »

The Glasgow Immigration Practitioners’ Group, in association with the Scottish Refugee Council and Murray Stable, will run this event on 24th November. Lord Reed will give the keynote address, with Murray Stable members Joe Bryce, Alan Caskie and Ken Forrest also giving presentations. Full details here. The subject matter is particularly topical in the light of the consultation paper discussed in my last posting. Continue Reading »

In a short and little-publicised consultation paper issued on 21 August, and calling for responses by 31 October¹, the United Kingdom Border Agency (UKBA) has proposed that judicial reviews to which it is a party should no longer be heard in Scottish courts but in a new UK tribunal under rules to be written by UKBA. This follows the passage of section 20 of the Tribunals, Courts and Enforcement Act 2007, which will, when it comes into force on 3 November, have the effect that Court of Session judges hearing judicial reviews in almost any non-devolved matters may themselves transfer them in their discretion to the new Administrative Appeals Chamber of the Upper Tribunal. Continue Reading »

1. Originally responses were called for by 16 October; a further two weeks was allowed after protests from important consultees who were not informed until early October. [back]

It was reported yesterday that the Asylum and Immigration Tribunal had agreed to pay damages and costs to an eminent expert witness, Dr Alan George, who had been defamed in a recently-issued (but now withdrawn) decision of the Tribunal. This is, so far as I am aware, unprecedented; a decision of a tribunal might be expected to be protected by absolute privilege. It is however unsurprising that it is this particular tribunal which has established such an unenviable precedent. Continue Reading »

Subscribers to the House of Lords Judgments service received today four important decisions which traverse a wide range of issues in human rights and public law: from a restatement of the principle that the Human Rights Act has no application to overseas territories¹ to a consideration of the interaction of Islamic family law with Articles 8 and 14 of ECHR; and from a revisiting of the doctrine of substantive legitimate expectation to an analysis of whether membership of an association implies acceptance of everything written by its office-bearers. Continue Reading »

1. Another aspect of this principle is, I understand, to be argued next month in the St Helena Court of Appeal which sits, oddly enough, in London. [back]

‘Scots Law has no effective means of dealing with mothers who will not allow contact‘ was the subject of the debate at the Murray Stable’s launch of its Family Law Group (‘FLaG’) on 22 September. I have to say I was – although I spoke against it- not surprised at the thumping majority which voted in favour of the motion, in a vote which was particularly striking as this highly successful event attracted almost every significant practitioner in family law in Edinburgh together with family lawyers from all over Scotland.

There’s a description of the debate on the Murray Stable newspage, and also a handout with notes of cases and other materials. Unfortunately the handout’s hyperlinks don’t work, so I give its final part here with working links. Continue Reading »

This major conference in its field has been organised by the Murray Stable Public Law Group, with Lord Clyde as the keynote speaker. The programme with notes can be downloaded here. The registration fee (which includes lunch) is £50, and seats are available from John-Ross Morland at the Murray Stable.

The programme, chaired by Derek O’Carroll, Advocate, is: Continue Reading »