An interesting decision by Dexter Dias J illustrating the clear distinction between the common law rationality standard on the one hand, and the proportionality standard, as required by the ECHR, on the other (although neither claim succeeds on the facts) www.bailii.org/ew/cases/EWH...

We are delighted to welcome new members to @publiclaw.bsky.social's editorial committee. From January 2026 we will be joined by Mike Gordon (Liverpool) and Silvia Suteu (@eui-law.bsky.social), with @ymarique.bsky.social (Essex) and @paulfscott.bsky.social (Glasgow) joining from January 2027.

Tsaava v Georgia [GC] hudoc.echr.coe.int?i=001-247738 Court: excessive force used against protestors in front of Georgian Parliament + a Partial Dissent from the UK’s Judge Tim Eicke who would have found that two applicants lacked “victim status in relation to their complaint under Article 11”.

European ministers back ECHR plan to tackle illegal migration (BBC News, 10 December 2025) www.bbc.co.uk/news/article... It will be interesting to see what the content, and intended effect, of this "political declaration" will be in time...

Another interesting defence of the common law human rights model here, drawing on Lord Briggs’ speech from last month. Baxter supports Briggs’ thesis - which champions the common law’s capacity to protect rights in the event of ECHR withdrawal. It’s eloquently argued, but I disagree.

Lots to unpack in the Peggie v Fife judgment, and much of it has already been covered on here, but it's useful imo to highlight a single sentence from para 1024: "a protected belief does not give carte blanche to say whatever the person holding those beliefs wishes".

They’re killing people as a twitter joke. It’s depraved. Can’t let yourself lose the capacity to be appalled and disgusted and outraged by this.

One prominent Gender Critical argument is that trans women should not be allowed access to women's toilets because this would violate the Workplace Regulations 1992 and/or Equality Act 2010. An Employment Tribunal in Scotland has just rejected this: assets.publishing.service.gov.uk/media/69303e...

It would be interesting to see the legal advice being provided to the WI and Girl Guides (and who is providing it). The Gender Critical lobby are making massive strides in achieving their (stated!) aim of making participation in public life impossible for trans people.

Went to the Battle of Ideas, where speech has been successfully freed but all anyone wants to talk about is Tommy Robinson. www.lrb.co.uk/blog/2025/de...

The Supreme Court has just refused Epping Forest District Council permission to appeal against the Court of Appeal's findings in the "asylum hotels" case supremecourt.uk/cases/uksc-2...

From the asylum stats, the initial decision backlog is still going down, but the use of hotels has gone up again. The appeals process is increasingly the new bottleneck in the system, but the Home Office still haven't updated the appeals stats, or their quality of decision making measure.

Appeal allowed in IA: Upper Tribunal was wrong to find breach of Article 8 ECHR www.judiciary.uk/judgments/ia... This is the widely reported case about the Gazan family applying for settlement under the Ukrainian Family Scheme. The Court of Appeal makes no criticism of the choice to use that route

Just a jaw-dropping paragraph in Trevor Phillips's column for The Times. This is a policy that, by his own account, has left parents of a particular race too frightened to walk their children to school. And that's the example he chooses of the "vigour" we "need". www.thetimes.com/comment/colu...

An interesting paper on the principle of legality and heightened scrutiny by Lord Sales, engaging with Mark Elliott's blog post on the same @profmarkelliott.bsky.social supremecourt.uk/uploads/spee...

Jwanczuk, Or How I Learned To Stop Worrying and Love SC My case note on today's decision in Jwanczuk, a particularly illuminating example of the the current Supreme Court's conservative approach to human rights issues. administrativecourtblog.wordpress.com/2025/11/20/t...

Predictably, the Court allows the appeal, and defers heavily to the choices made by the legislature. This means that precisely ZERO cases on Art 14 justification have succeeded before appellate courts since the SC case was handed down in 2021.

With dizzying power imbalances at "prestigious" institutions and frightening levels of precarity for junior scholars, UK academia is rife with these stories: www.bloomberg.com/news/feature...

Earlier today the UK Supreme Court decided the provision of religious education in NI was unlawful. Before the inevitable tides of Stormont's (delightful) politics drown us, here's an analysis of that judgment from @colinmurray.bsky.social, @lewisgrahamlaw.bsky.social and I.

For the bluster, see here. For v many NI politicians a UKSC judgment is only above reproach when dunking on trans people: m.belfasttelegraph.co.uk/news/educati...

Amid all of the bluster coming out about the landmark JR87 judgment, here's my account (with @anuragdeb.bsky.social and @lewisgrahamlaw.bsky.social) of this UKSC decision and to the wake up call it poses for religious education in NI: administrativecourtblog.wordpress.com/2025/11/19/j...

We're doomed

www.supremecourt.uk/cases/uksc-2... Supreme Court ALLOWS JR87’s appeal - the collective worship provisions breached Art 9 and A2P1 ECHR (!)

Good post on the available space for reforming article 8 cases in domestic law, featuring an expert demolition of some dubious claims about family life in the Wolfson Report

New post from me Applying Shvidler: Proportionality, Appeal and Review administrativecourtblog.wordpress.com/2025/11/18/a...

Ofsted School Inspection Framework Changes Lawful administrativecourtblog.wordpress.com/2025/11/18/o...

Is there a single person who supports the changes proposed by the Home Secretary today? A quick look on the Other Site shows a majority of responses say: 1) you’re not tough enough 2) we don’t believe you 3) racist jibes towards Mahmood

“We will remove the current legal obligation to provide support to asylum seekers who would otherwise be destitute” Disgusting.

Would love to know which (AI generated?) focus group member came up with "take e-bikes from the refugees"

Christ.

Next Thursday, the Supreme Court will hand down R (Jwanczuk) v Secretary of State [2025] UKSC 42 Among other things, the Court will tell us whether the operation of the bereavement support payment scheme set out in the Pensions Act 2014 breaches the Convention. www.supremecourt.uk/cases/uksc-2...

The Court has now published the parties' written cases in the ABJ/BDN appeal. Interestingly, each appellant argues for a different remedy if successful - ABJ argues for a reading under section 3 of the HRA, whereas BDN seeks a declaration of incompatibility: www.supremecourt.uk/cases/uksc-2...

When should judges follow judgments they disagree with? To find out, read @lewisgrahamlaw.bsky.social article, "Following Wrongly Decided Precedent", forthcoming in the Kings Law Journal, available here: www.tandfonline.com/doi/full/10.... @uomsoss.bsky.social

It looks like the government is going to follow through on its plans to reform how claims relying on Article 3 ECHR are treated at the domestic level. This is foolish for a number of reasons. news.sky.com/story/home-s...

Coming next Wednesday: Re JR87 [2025] UKSC 40 Does collective worship in Northern Irish schools breach the ECHR? High Court said yes, Court of Appeal said no www.supremecourt.uk/cases/uksc-2...

The Court finds that the interference with the applicant's sights was not "in accordance with law" due to the unlawful composition of the Constitutional Court. The court therefore swerves the substantive question as to whether restrictions on access to abortion are themselves proportionate.

Our #EMNLP2025 paper, “Detecting Legal Citations in United Kingdom Court Judgments,” presents the first systematic study of legal citation detection for UK case law and legislation. aclanthology.org/2025.emnlp-m... @mansmag.bsky.social

The UKSC unanimously holds that the Scottish courts adopted an unduly narrow approach to the admissibility of evidence which might be inconsistent with Article 6 ECHR in some cases BUT that neither appellant in this case had an unfair trial. Full judgment to come shortly.

Court of Appeal Upholds Policy Adopted Following Afghan Data Leak administrativecourtblog.wordpress.com/2025/11/11/c...

Lord Briggs, “Protecting Human Rights: The Common Law As Starting Point” supremecourt.uk/uploads/spee... It’s interesting to see Lord Briggs make these remarks in the current political climate. But, as ever, I have serious reservations about putting too much faith in ‘common law rights’…

Next Thursday (13 November) the ECtHR will hand down AR v Poland, concerning the Convention compliance of Poland’s restrictive post-2020 abortion law. One to watch.

Being handed down next week: Keir and Daly v Scottish Ministers UKSC judgment on whether Scottish courts’ rules relating to admissibility of sexual history evidence breach Art 6 ECHR We know the answer is no, but written reasons to come next week supremecourt.uk/cases/uksc-2...

Lord Hodge: “Decisions can give rise to political controversy. In this environment it is essential that judges leave any views on politics or policy which they may have outside the door of the court and approach their task as a purely legal exercise.” Hmmmmmm. supremecourt.uk/uploads/spee...

In a surprising judgment, the ECtHR has found that Estonia’s blanket ban on smoking in prisons overstepped the margin of appreciation and violated Article 8 ECHR. A bare majority (4-3) with a strong dissent from Judge Pavli in particular. hudoc.echr.coe.int?i=001-245684

I have a case comment on the case of Hayes v United Kingdom (on whether removing someone to a third party state where they would face life without parole would breach the Convention) in the latest edition of the European Human Rights Law Review, available on WestLaw. uk.westlaw.com/Document/IFA...

The High Court has ruled, amongst other things, that the power deriving from Haralambous to order a CMP is a common law power, not a statutory power

Jones v Police Federation, Employment Tribunal, Case No 1604160/2024 (28 August 2025) The claimant, a police Branch Secretary, was a non-contractual office holder and didn’t fall within the category entitled to whistleblower protections in Employment Rights Act 1996. BUT the tribunal found…

New blog post from me where I look at this summer's UKSC decision in Andryciewicz, which concerns extradition and human rights. I argue that the case has cited and applied frequently; it has brought about a conservative approach; and that successful Art 8 defences are now exceptionally rare.

Next week the European Court of Human Rights will hand down Vainik v Estonia: does a complete ban on prisoners smoking breach the ECHR? hudoc.echr.coe.int/app/conversi...

⚖️Judgment Greenpeace Nordic and Others v. Norway ➡️Deferring environmental impact assessment in respect of licences granting petroleum exploration did not breach the Convention hudoc.echr.coe.int/fre-press?i=... #ECHR #CEDH #ECHRpress