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by Mark Elliott — Reposted by Elliot Gold, Diane Coyle

profmarkelliott.bsky.social
A new paper from Philip Murray and me: 'In Defence of Classical Administrative Law'. We argue that the voidness of unlawful administrative acts is central to the rule of law and that recent challenges to that view can and should be resisted.

publiclawforeveryone.com/2025/09/16/i...
In Defence of Classical Administrative Law
In a recently completed paper, Philip Murray and I develop a defence of what we term the classical account of administrative law. The question with which we are centrally concerned is whether (as t…
publiclawforeveryone.com
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Reposted by Elliot Gold

scottwortley.bsky.social
I am speaking at the Statute Law Society in London next month about audiences and interpreting legislation. Currently workshopping some jokes.
The importance of audience in interpreting legislation
A Statute Law Society event hosted by UCL Laws exploring the Statutory Instruments Hub
www.eventbrite.co.uk
3 6 4

Reposted by Elliot Gold

admincourtblog.bsky.social
Appointment of Conservative Party leader not challengeable under Human Rights Act administrativecourtblog.wordpress.com/2025/05/23/a...
Appointment of Conservative Party leader not challengeable under Human Rights Act
When the Conservative Party elected Liz Truss to be its leader in 2022, was it exercising a “public function” for the purposes of section 6 of the Human Rights Act, and was it therefore amenable to…
administrativecourtblog.wordpress.com
2 2

Reposted by Elliot Gold

admincourtblog.bsky.social
The deprivation of children’s liberty: the Human Rights Act exists for a reason administrativecourtblog.wordpress.com/2025/05/07/t...
The deprivation of children’s liberty: the Human Rights Act exists for a reason
Introduction It is a rare event where, in an appeal against a first instance judgment, all parties unequivocally say that the judgment was wrong. So it was in J v Bath and North East Somerset Counc…
administrativecourtblog.wordpress.com
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Reposted by Elliot Gold

civlittweet.bsky.social
An extraordinary case where authorities relied upon by counsel were simply "false". (I still can't quite believe it) www.civillitigationbrief.com/2025/05/07/w...
WHEN CASES RELIED UPON IN WRITTEN ARGUMENTS WERE SIMPLY “FALSE”: WASTED COSTS ORDER MADE AGAINST COUNSEL AND SOLICITORS
This blog celebrates its 12th anniversary next month. Civil Litigation Brief started as a column in the Solicitors Journal 35 years ago. Over that time many people have helpfully sent me and pointe…
www.civillitigationbrief.com
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Reposted by Elliot Gold

thebarcouncil.bsky.social
New blog: after a life threatening illness, criminal silk Jason Sugarman KC tried to claim on his insurance, but his claim was rejected on a technicality. He's urging all barristers to check their policies carefully. Read Jason's story: www.barcouncil.org.uk/resource/whe...
Head and shoulders portrait photograph of Jason Sugarman KC on a teal background. Text on a banner across the bottom reads: “Blog. When insurance fails: how I paid £80,000 for protection and got nothing”. The Bar Council logo is in the top left. White text on a teal background reads: “It felt like a slap in the face. I’d paid into this policy for decades, expecting it to be there when I needed it most. Now I was being denied help on a technicality. Jason Sugarman KC, Foundry Chambers”. There are large white quote marks at the top and bottom.
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by Elliot Gold

elliotgold.bsky.social
Not acceptable to refrain

Reposted by Elliot Gold

auspublawblog.bsky.social
New today on AUSPUBLAW: Cherry Tang and Eden Blair take a look at the High Court's 2024 judgment in R v Hatahet and whether the likelihood of parole can be taken into account in sentencing: www.auspublaw.org/blog/2025/3/...
Terrorism and Parole in the High Court — Australian Public Law
Cherry Tang and Eden Blair In June 2024, the High Court handed down its decision in R v Hatahet [2 024] HCA 23 ( HCA Judgment ) on appeal from the New South Wales Court of Criminal Appeal ( CCA ...
www.auspublaw.org
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Reposted by Elliot Gold

admincourtblog.bsky.social
Witness statement evidence in Judicial Review – some salutary lessons from the Court of Appeal
administrativecourtblog.wordpress.com/2025/03/14/w...
Witness statement evidence in Judicial Review – some salutary lessons from the Court of Appeal
The Court of Appeal has, in R (Medical Justice) v SSHD [2025] EWCA Civ 251, issued some salutary lessons for both claimants and defendants relying on witness statements in judicial review. The cont…
administrativecourtblog.wordpress.com
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by Mark Elliott — Reposted by Elliot Gold

profmarkelliott.bsky.social
New post | KP v Foreign Secretary: A primer on rationality review publiclawforeveryone.com/2025/03/10/k...
KP v Foreign Secretary: A primer on rationality review
The judgment of Chamberlain J in KP v Foreign Secretary revisits and clarifies some fundamentals about the nature of substantive judicial review. In doing so, it reminds us that the ‘proporti…
publiclawforeveryone.com
4 7

Reposted by Elliot Gold

admincourtblog.bsky.social
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
5 3

Reposted by Elliot Gold, Paul Daly

admincourtblog.bsky.social
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
5

Reposted by Elliot Gold

tonydowson5.bsky.social
Interesting point here by Lord Sales on problems with an overly broad view of the rule of law:

"Inflating the concept of the rule of law conceals the underlying conflicts and hinders thoughtful debate about the trade-offs which are required"
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by Elliot Gold

elliotgold.bsky.social
Or possibly ‘he who receives god’ / ‘he who keeps holding god’, from the verb שרה, to keep / retain.
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by Elliot Gold

elliotgold.bsky.social
Israel was the name of Jacob, whose children were the Israelites. The country shares the same name as men called Israel, because it is named after the patriarch.
1

Reposted by Elliot Gold

carlgardner.bsky.social
Recently I've seen some JR cases whose titles are not in the usual R (Claimant) v Defendant format, eg: www.bailii.org/ew/cases/EWH... and www.bailii.org/ew/cases/EWH.... The recent Admin Court JR guide doesn't mention any change, and it's only happening in some cases. Does anyone know why?
You selected a file which is not on our system.
www.bailii.org
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Reposted by Elliot Gold

lloydgash.bsky.social
This is a gem of a book on advocacy. Full of humour and solid advice, and has aged well.
"If [you need to be] sarcastic or even slightly rude, make sure you are right. To be rude and wrong is fatal, and it has been cynically said, is a privilege exclusively reserved for the Court of Appeal."
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Reposted by Elliot Gold

finishedloading.bsky.social
Decisions on whether to prosecute, legal aid eligibility for asylum interviews, and regulation of sewage sludge - what do they have in common?

According to Fordham J, applying a “dual” variable intensity review to determine if they are irrational.
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Reposted by Elliot Gold

admincourtblog.bsky.social
Convention-compatibility of legal aid cliff edge in the context of asylum interviews administrativecourtblog.wordpress.com/2024/08/22/c...
Convention-compatibility of legal aid cliff edge in the context of asylum interviews
A child seeks asylum in the UK. They are under 18 when they make their asylum claim. However, by the time of their asylum interview, they have turned 18. According to the relevant rules, they are inel...
administrativecourtblog.wordpress.com
1

Reposted by Elliot Gold

admincourtblog.bsky.social
Anxious scrutiny of decisions not to prosecute administrativecourtblog.wordpress.com/2024/08/21/a...
Anxious scrutiny of decisions not to prosecute
Do the nature and intensity of judicial review of decisions to prosecute, and decisions not to prosecute, differ? It has been written on this blog that Lady Carr, sitting as a guest judge on a Privy C...
administrativecourtblog.wordpress.com
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Reposted by Elliot Gold

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