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Reposted by Gabriel Tan

Anurag Deb @anuragdeb.bsky.social · Jul 7

Good post from @finishedloading.bsky.social. An assertion by a public authority of compliance with unincorporated international law can't per se incorporate that law so as to give rise to enforceable + interpretable obligations in domestic law. To do otherwise might turn the clock back to 1688.

UK Constitutional Law Association @ukcla.bsky.social · Jul 7

Gabriel Tan: R (Al-Haq) v Business and Trade Secretary: A Death Knell for Common Law Domestic Footholds for Unincorporated Treaties? ukconstitutionallaw.org/2025/07/07/g...

Gabriel Tan: R (Al-Haq) v Business and Trade Secretary: A Death Knell for Common Law Domestic Footholds for Unincorporated Treaties?

In September 2024, the Business and Trade Secretary (‘the Secretary of State’)suspended licences authorising the export of items that might be used in carrying out or facilitating Israeli military …

ukconstitutionallaw.org

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Reposted by Gabriel Tan

Anurag Deb @anuragdeb.bsky.social · Jul 5

There were back to back interim relief hearings (application + appeal) in the Palestine Action case yesterday. Here, @finishedloading.bsky.social breaks down the judgments of the EWHC and EWCA denying interim relief against proscription to Palestine Action.

Administrative Court Blog @admincourtblog.bsky.social · Jul 5

High Court and Court of Appeal refuse interim relief in Palestine Action proscription challenge administrativecourtblog.wordpress.com/2025/07/05/h...

High Court and Court of Appeal refuse interim relief in Palestine Action proscription challenge

The High Court and Court of Appeal have refused interim relief in Palestine Action’s (“PA”) judicial review of the Home Secretary’s decision to proscribe the organisation, following hearings on 4 J…

administrativecourtblog.wordpress.com

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Reposted by Gabriel Tan

Lewis Graham @lewisgrahamlaw.bsky.social · Jun 23

Two recent blogs from the @admincourtblog.bsky.social team on the VAT exemption case:

Part I on Pepper v Hart by @anuragdeb.bsky.social is here: administrativecourtblog.wordpress.com/2025/06/19/a...

Part II on the ECHR dimension by me is here: administrativecourtblog.wordpress.com/2025/06/23/a...

ALR and others: the human rights dimension

This is the second in a three-part analysis of R (ALR and others) v Chancellor of the Exchequer [2025] EWHC 1467 (Admin). In this post, I will look at the core human rights challenges in the judgme…

administrativecourtblog.wordpress.com

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Reposted by Gabriel Tan

Anurag Deb @anuragdeb.bsky.social · Jun 19

I'm a fan of pepper in my food, but not Pepper in my case law*

Here, I use the private schools VAT JR to explain why.

*The slander of terrible jokes will not be tolerated.

Administrative Court Blog @admincourtblog.bsky.social · Jun 19

ALR and others: parliamentary privilege and the haunting of Pepper administrativecourtblog.wordpress.com/2025/06/19/a...

ALR and others: parliamentary privilege and the haunting of Pepper

This is the first in a three-part analysis of R (ALR and others) v Chancellor of the Exchequer [2025] EWHC 1467 (Admin). In this post, I cover the constitutional aspects of the judgment, in particu…

administrativecourtblog.wordpress.com

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Gabriel Tan @finishedloading.bsky.social · Jun 14

CA has listed a hearing on 26 June for Liberty’s appeal against the HC’s refusal of permission to challenge the length of the EHRC’s Code of Practice consultation, 4 days before the consultation is to end.

@samuelwillis.bsky.social and I blogged below on the HC’s reasons for refusing permission.

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Gabriel Tan @finishedloading.bsky.social · Jun 12

The AG is creating a new Senior Treasury Counsel (Civil) Group, which "sits alongside proposed changes to the role of First Treasury Counsel, principally by relaxing the current requirement that the postholder undertakes work exclusively for government."

www.gov.uk/government/n...

Apply to join the Attorney General’s Senior Treasury Counsel (Civil) Group

Applications to join the Attorney General’s Senior Treasury Counsel (Civil) Group are now open

www.gov.uk

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Gabriel Tan @finishedloading.bsky.social · May 22

It was a pleasure to reflect candidly on the role (both good and bad) social media use played in my pupillage application journey!

Anurag was one of the first legal SM contacts I interacted and then met with in person, so here’s a picture from our ALBA moot participation 3 years ago to reminisce!

Anurag and I in front of the UK Supreme Court entrance.

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Gabriel Tan @finishedloading.bsky.social · May 14

Thank you, it's been a long old slog!

Gabriel Tan @finishedloading.bsky.social · May 14

I am very pleased to have accepted an offer of traineeship at Matrix Chambers, commencing in October 2026.

I can't wait to get started working on the cutting-edge legal issues raised across Chambers' immense expertise in a range of practice areas.

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Gabriel Tan @finishedloading.bsky.social · Apr 30

Court of Appeal will hand down judgment in SSHD’s appeal against High Court’s judgment upholding Liberty’s serious disruption regulations judicial review this Friday.

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Gabriel Tan @finishedloading.bsky.social · Apr 16

… have to depend on submissions by advocates nor should it have to piece together a number of different documents in order to understand what happened.”

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Gabriel Tan @finishedloading.bsky.social · Apr 16

Singh LJ on D’s duty of candour in JR: “The Court should (in proper evidence, i.e. in a witness statement) be given a full, accurate and clear explanation of the decision-making process used by the public authority concerned and should not…

assets.caselaw.nationalarchives.gov.uk/ewca/civ/202...

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Gabriel Tan @finishedloading.bsky.social · Mar 24

The JCPC (Reed judgment) affirms that the duty of candour in JR applies at permission stage ([91]) and non-compliance with the duty ([93]) can be a factor in favour of granting permission.

caselaw.nationalarchives.gov.uk/ukpc/2025/14

National Bank of Anguilla (Private Banking and Trust) Ltd (in Administration) and another v Chief Minister of Anguilla and 3 others (Anguilla) - Find Case Law - The National Archives

caselaw.nationalarchives.gov.uk

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Gabriel Tan @finishedloading.bsky.social · Feb 26

This is a nowadays rare example of the UKSC applying the principle of interpretation that "courts should seek to interpret domestic law in a way that is compatible with the United Kingdom’s international treaty obligations" to find in favour of a C's construction of statute (here, the BNA 1981).

Gabriel Tan @finishedloading.bsky.social · Feb 26

UKSC allows Cs' appeals in N3/ZA, holding that, where the SSHD withdraws citizenship deprivation decisions, the decisions are to be treated as having no effect for determining one's citizenship status in the period from the date of the order until it is withdrawn. www.supremecourt.uk/cases/uksc-2...

N3 (AP) (Appellant) v Secretary of State for the Home Department (Respondent) - UK Supreme Court

If the Secretary of State withdraws an order depriving a person of citizenship because they accept that the order has made the person stateless, does this mean that the original order is of no effect ...

www.supremecourt.uk

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Gabriel Tan @finishedloading.bsky.social · Feb 26

"[89]: In the present case we consider that this approach to interpretation... calls for consideration and protection of E3’s individual rights according to the principle of legality and under the Statelessness Convention... in so far as that does not compromise the statutory purpose."

Gabriel Tan @finishedloading.bsky.social · Feb 26

"[88]: The legal effect of a failure to comply with a condition for the exercise of a power conferred by a statute, where that is not spelled out expressly, depends upon an inference as to Parliament’s intention as to what that effect should be..."

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Gabriel Tan @finishedloading.bsky.social · Feb 26

UKSC allows Cs' appeals in N3/ZA, holding that, where the SSHD withdraws citizenship deprivation decisions, the decisions are to be treated as having no effect for determining one's citizenship status in the period from the date of the order until it is withdrawn. www.supremecourt.uk/cases/uksc-2...

N3 (AP) (Appellant) v Secretary of State for the Home Department (Respondent) - UK Supreme Court

If the Secretary of State withdraws an order depriving a person of citizenship because they accept that the order has made the person stateless, does this mean that the original order is of no effect ...

www.supremecourt.uk

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Reposted by Gabriel Tan

Administrative Court Blog @admincourtblog.bsky.social · Feb 21

The contours of rationality administrativecourtblog.wordpress.com/2025/02/21/t...

The contours of rationality

Rationality review is a cornerstone of judicial review. Often referred to as a “backstop”, judicial review on grounds of rationality is probably the ground which public lawyers, when considering a …

administrativecourtblog.wordpress.com

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Reposted by Gabriel Tan

Administrative Court Blog @admincourtblog.bsky.social · Feb 21

No Retrospective Effect of Remedial Order

administrativecourtblog.wordpress.com/2025/02/21/n...

No Retrospective Effect of Remedial Order

The Background This note concerns the Upper Tribunal’s decision in AET v Secretary of State for Work and Pensions [2025] UKUT 16 (AAC) (14 January 2025). Back in 2020, in the case of R (Jackson) v …

administrativecourtblog.wordpress.com

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Reposted by Gabriel Tan

Administrative Court Blog @admincourtblog.bsky.social · Jan 31

No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...

No “own motion” duty in discretion fettering cases

The classic formulation of the non-fettering principle comes from the famous British Oxygen Co case. In the words of Lord Reid, there is a “general rule” that “anyone who has to exercise a statutor…

administrativecourtblog.wordpress.com

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Gabriel Tan @finishedloading.bsky.social · Jan 22

A really big decision on non-refoulement, raising a myriad of important issues, which I think is likely to reach the Supreme Court.

Administrative Court Blog @admincourtblog.bsky.social · Jan 22

No need for proportionality assessment to revoke refugee status of refugees posing national security risks administrativecourtblog.wordpress.com/2025/01/22/n...

No need for proportionality assessment to revoke refugee status of refugees posing national security risks

The Court of Appeal has held that, where the Home Secretary considers a refugee poses a national security risk, she is not obliged by the Refugee Convention to conduct to balancing exercise weighin…

administrativecourtblog.wordpress.com

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Gabriel Tan @finishedloading.bsky.social · Jan 22

CA finds that, where SSHD considers a refugee poses a national security risk, there is no obligation to conduct a balancing exercise weighing the risk posed, against cost etc of any measures to ameliorate the risk, to lawfully revoke refugee status.

caselaw.nationalarchives.gov.uk/ewca/civ/202...

D8 v Secretary of State for the Home Department - Find Case Law - The National Archives

caselaw.nationalarchives.gov.uk

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Gabriel Tan @finishedloading.bsky.social · Jan 20

[27]: Procedural fairness is a hard-edged question of law and an appellate tribunal is not limited to overturning a decision on the basis that it was outside the range of reasonable outcomes; the question is simply whether the lower tribunal's decision is wrong.

www.judiciary.uk/judgments/ra...

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Gabriel Tan @finishedloading.bsky.social · Jan 18

Thank YOU – in our nerd group @lewisgrahamlaw.bsky.social we call mandatory orders the "Ollie Persey order" now

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Gabriel Tan @finishedloading.bsky.social · Jan 17

… and all the more so where the scope of any appeal is as limited as the Supreme Court has now held it to be.”

assets.caselaw.nationalarchives.gov.uk/ewca/civ/202...

assets.caselaw.nationalarchives.gov.uk