The Supreme Court’s judgment in Shvidler: Lord Leggatt’s Liversidge v Anderson moment Today’s Supreme Court’s judgment in Shvidler v Foreign Secretary addresses key issues about the role of courts generally and appellate courts in particular when it comes to applying the propo…

Excellent analysis from Prof Mark Elliott here:
publiclawforeveryone.com/2025/07/29/t...

Lord Leggatt, however, argued they did not go far enough. His fiery dissent evokes Liversidge v Anderson - a passionate defence of the Judiciary's role in defending fundamental rights (and, by extension, democracy) of the sort not seen since Miller v PM.

The majority re-stated the four-part proportionality test and gave a strong statement that ‘The public authority decides on the action it will take, and hence is the primary decision-maker; but the court makes its own assessment whether such action is proportionate, and hence lawful, or not.’

The Supreme Court’s judgment in Shvidler: Lord Leggatt’s Liversidge v Anderson moment Today’s Supreme Court’s judgment in Shvidler v Foreign Secretary addresses key issues about the role of courts generally and appellate courts in particular when it comes to applying the propo…

To what extent must the courts defer to the Executive? Under Lord Reed the Supreme Court has generally pursued a deferential approach towards the government. But Shvidler v Secretary of State [2025] UKSC 30 may represent a change of course.
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publiclawforeveryone.com/2025/07/29/t...

The Supreme Court has issued a dramatic new judgment on the Freedom of Information Act - in a 3-2 split amongst the court.

I acted for the Editor of @theecologist.org, Brendan Montague, supported by @globaljusticenow.bsky.social

Read my round-up of the case here: www.39essex.com/information-...

The Chief Magistrate has dismissed a challenge to Soho's first new gin distillery in a century. The Court held the "Soho Society"s challenge (on alleged safety issues with distilling) failed because distilling is not a licensable activity and is regulated by a separate scheme.
tinyurl.com/55wzmker

Political lying is undermining our democracy - I discussed why, and how the Welsh Senedd proposal to sanction political liars can be a solution with @jennifernadel.bsky.social Adam Price MS and ABC's Michelle Ainsworth

Listen here: shows.acast.com/truth-trust-...

Fantastic to discuss my constitutional law cases and how to save British democracy (and my book "Overruled: Confronting Our Vanishing Democracy in 8 Cases) with @johnnicolson.bsky.social at the @fleetstquarter.bsky.social festival of words.

Read more: tinyurl.com/fznd4fpw

My book, "Overruled: Confronting Our Vanishing Democracy in 8 Cases, warned of a democratic recession. Unfortunately events proved me correct.

But democracy is still in the game, we can and must restore it. Join me as I discuss how to do it with @johnnicolson.bsky.social tinyurl.com/yph8up8p

Democracy and the rule of law are both in retreat across the West.

But aren't dead yet.

I'll be discussing how to save democracy with John Nicolson at @fleetstquarter.bsky.social festival of words on 16 May.

Followers of my socials can get 50% off with the code FOW50
tinyurl.com/9b3xudez

That UK Supreme Court decision

Sam Fowles in the Guardian has a useful overview here of what the decision in the UK Supreme Court was and, as importantly, was not. Ironically, for anyone who thought this would bring supposed clarity: The court’s decision means there are now multiple legal classes…

The supreme court didn’t rule on the definition of ‘a woman’ – this is what its judgment does mean by Sam Fowles, Barrister, in The Guardian today.

Clipping from the Guardian article by Sam Fowles pointing out that the Supreme Court judgment explicitly states that their role is not to define the meaning of the word “woman”.

The court *explicitly* does not attempt to define “woman”. No matter the harms this judgment will cause an endlessly beleaguered & oppressed minority (whilst doing nothing about the real source of gender-based violence), we should not allow lazy headline writers to claim it means more that it does.

Thanks so much Sylvia!

The supreme court didn’t rule on the definition of ‘a woman’ – this is what its judgment does mean | Sam Fowles The judges had to interpret the law as set down by parliament. But it must be remembered this is not an abstract debate; it concerns real people, says barrister Sam Fowles

I broke down the Supreme Court's judgement in For Women Scotland v Scottish Ministers for The Guardian.

TLDR: The law is more complicated but relatively little has changed in practice.

www.theguardian.com/commentisfre...

Can "public morals" be a basis for environmental protection?

According to a WTO Panel - yes!

Important authority for how post-Brexit UK (tied up in a network of restrictive TIA) can still regulate to protect the environment.

www.ejiltalk.org/the-right-to...
#environmentallaw #internationallaw

Briefing to Senedd Members on Political Deception — ICDR The ICDR has provided members of the Senedd with a briefing for its debate on proposals for new laws to crack down on political lying.

Today the Senedd (Welsh Parliament) debates proposals to sanction politicians who lie. More than 2/3 of the public support strong measures.
The ICDR has developed a simple and easy to implement mechanism - read our briefing here.

Great to join @jennifernadel.bsky.social of @compinpolitics.bsky.social at the Malvern Festival of Ideas to discuss how the rise of political lying has facilitated the rise of the far right and how we can stop it. (And sign some copies of "Overruled!")

Our democracy is under threat because capitalism is in crisis.

Looking forward to joining @JenniferNadel of @CompInPolitics to discuss “Capitalism, Democracy, and Bullshit” on Sunday at the @MalvernFI.

Some tics still available!

www.malvernfestivalofideas.org.uk/session/capi...

Politicians posturing about the Sentencing Council Guidelines are (intentionally or not)
promoting the far-right "two-tier justice" conspiracy theory.

The FR want voters to believe that BAME get secret advantages so they can justify their anti-minority politics. Politicians should call them out.

Politicians are misleading the public about the Sentencing Council guidelines.

The SCG says ALL defendants facing prison should have a PSR unless it's unnecessary.

BAME people are statistically more likely to receive harsher sentences for the same crimes. So PSR is likely to be necessary.

This weekend at Malvern Festival of Ideas @jennifernadel.bsky.social joins barrister @samfowles.bsky.social to discuss how lies in the UK’s economy and democracy requires action. Covering the campaign to stop political deception and the Welsh Parliament’s new legislation to criminalise it.

Here is the excerpt from the report which *precisely* recommends criminal sanction. Senedd counsel confirmed this.

The story makes clear an administrative tribunal (along the lines of the ICDR Model) rec for MS. Guardian and Times reported in the same terms. www.theguardian.com/politics/202...

Welsh Parliament Committee Recommends Criminalising Politicians Who Deliberately Lie | Cornerstone Barristers The Senedd Standards Committee has published a report recommending that politicians who deliberately lie to the public should face criminal penalties. The report proposes amending […]

The Senedd has published a report recommending that politicians who deliberately lie to the public should face criminal penalties.

Matt Hutchings KC, @joecannonlondon.bsky.social & @samfowles.bsky.social have advised on the legality of these proposals.

➡️ cornerstonebarristers.com/welsh-parlia...

2. The Committee, in essence, adopted the ICDR Model for Senedd members:

It recommended that members who make false statements of fact must be instructed to correct the record or face losing their office.

There has (ironically) been misinformation about the recommendations of the Senedd Committee report on political honesty. I set the record straight this week.

Short 🧵

1. The Committee recommend criminalising politicians who make false statement of fact during election campaigns.

Welsh politicians caught lying could lose seats in Senedd But calls for deception by Senedd members to be made a criminal offence are rejected.

This is a bold and globally pioneering initiative from the Senedd. A complex and often legally technical challenge. There's still a long way to go, but cross-partisan support and a genuine focus on rebuilding trust in public life has won through. Quick thread...

www.bbc.co.uk/news/article...

ICDR Sets Out Blueprint for Senedd Political Honesty Law — ICDR The Institute for Constitutional and Democratic Research has set out a model for the Welsh Government’s proposed law to penalise politicians who deliberately mislead the public. The ICDR’s white Paper...

I'm glad I could provide advice (in a small way) as member of the working group for the ICDR "White Paper" proposal to the Senedd inquiry—presented by the indomitable @samfowles.bsky.social

www.icdr.co.uk/news/icdr-se...