Oct 09 2008

‘Developing Public Law in Scotland’: all-day conference on 10 November 2008

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:

  • 9.30- 10.00: Registration and Coffee
  • 10.00-10.45: Keynote Address: Public Law in Scotland: An Overview. The strengths and weaknesses of public law in Scotland and its development in a UK context. Lord Clyde considers how far we have come and what developments may be anticipated over coming years.
  • 10.45 – 11.30: The Development of Administrative Justice. Many public law disputes are resolved outside the courts through tribunals, ombudsmen and various other grievance mechanisms. Together with the courts, they make up a system of administrative justice. This session will review the important changes that are taking place in the administrative justice system including the rationalisation of tribunals following from the Tribunals, Courts and Enforcement Act 2007, the relationship between courts and other mechanisms of administrative justice, and the impact of the Gill Review. Professor Tom Mullen, University of Glasgow.
  • 11.30 – 11.45: Tea and Coffee
  • 11.45 – 12.30: Regulating the New Scotland: Who Regulates the Regulators? From the Care Commission and the Financial Services Authority to the Gambling Commission, Scotland is regulated as never before. Can the Scottish Courts exercise control over these regulators? Scott Blair, Advocate.
  • 12.30 – 1.30: Lunch (provided)
  • 1.30 – 2.00: Criminal law is about as ‘public’ as law gets, yet challenging decision making in criminal prosecution has long been thought to be off limits for judicial review in Scotland. But that doesn’t mean that public law thinking and case law is not increasingly utilised in this area. Simon Collins, Advocate, looks at where we are now, and offers some ideas for further development.
  • 2.00 – 2.30: Education Law: the relative failure of human rights: The leading human rights cases within the jurisdictions of England/Wales and Scotland and consider their relative lack of success with the context of education law. John McKendrick, Advocate, Murray Stable, and Barrister, Hardwicke Building.
  • 2.30 – 3.00: Plain Vanilla Data: This summer’s House of Lords decision in CSA v. Scottish Information Commissioner has cast a flood of light on the developing regulation of information and data. Among the issues clarified have been the interplay between the Data Protection and the Freedom of Information legislation, the quasi-judicial role of the Scottish Information Commissioner, the categorisation of data as “personal”, “sensitive personal”, and “plain vanilla”, and the difference between “information” and “data”. Valerie Stacey QC
  • 3.00 – 3.30: Employment Law: The overlap of public law and employment law has been topical since West v. Secretary of State for Scotland 1992 SC 385. Choice of remedy and jurisdiction is determined by an awareness of that overlap; Sheena Stark, Advocate
  • 3.30 – 4.00: R.E.S.P.E.C.T: The Tammy Wynette perspective on Article 8 ECHR; Ross MacFarlane, Advocate
  • 4.00 – 4.30: Drawing the threads together. A summary and some thoughts on the possible impact of Tribunal reform and of the Gill review; Mungo Bovey QC
  • 4.30 Close
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