Adam Wagner Profile picture
Barrister @DoughtyStreet. Chair @EachOtherUK. Visiting Prof @GoldsmithsUoL. Author #EmergencyState. Views my own not of Doughty Street Chambers.

Jul 30, 2021, 6 tweets

Important judgments - Supreme Court (Lords Sales/Burnett giving judgment) decided test for challenging non-statutory government policy is if it "sanctions, positively approves or encourages unlawful conduct by those to whom it is directed" not whether it is "inherently unfair"

Meanwhile, although rolling back the years in public law (80s are BACK!), the Supreme Court continues to expand the boundaries of various duties of care, in this case for tour operators. A sad case on its facts but ultimately helpful judgment for customers supremecourt.uk/cases/uksc-201…

Artists' rendition of the Supreme Court Justices deciding that the 1986 Gillick case would now be the test for policy unlawfulness

Artists' rendition of the Judicial Power Project offices after reading the recent run of Supreme Court judgments in public law and human rights cases

Meanwhile, Lord Stephens pulling no punches in this judgment about the use of the "inherent jurisdiction" to authorise deprivation of liberty for children
supremecourt.uk/cases/uksc-201…

Court here stuck between a rock (allowing children to be housed in non-statutory accommodation in emergencies) and a hard place (being used to fill a gap which shouldn't be there in the first place)

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