Elliot Gold

@elliotgold.bsky.social

52 followers 24 following 3 posts

Barrister in police, public and discrimination law. Serjeants’ Inn Chambers.

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Political science 38%

Law 32%

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Reposted by Elliot Gold

Australian Public Law Blog @auspublawblog.bsky.social · 8d

New today on AUSPUBLAW: Chris Carr and Minh-Quan Nguyen share their reflections on Nicholas Petrie and Julian R Murphy’s edited collection 'Public Law and Criminal Law in Australia: Overlap, Intersection and Inconsistency': www.auspublaw.org/blog/2025/12...

Overlaps and Intersections in Theory and in Practice – Public Law and Criminal Law in Australia book forum — Australian Public Law

Chris Carr SC and Minh-Quan Nguyen Public Law and Criminal Law in Australia deals with overlaps and intersections, in more ways than one.  For one thing, the volume methodically interrogates...

www.auspublaw.org

Reposted by Elliot Gold

UK Constitutional Law Association @ukcla.bsky.social · 8d

Anurag Deb, Colin Murray and Gabriel Tan: Legacy Issues: In re Secretary of State for Northern Ireland [2025] UKSC 47 ukconstitutionallaw.org/2025/12/18/a...

Anurag Deb, Colin Murray and Gabriel Tan: Legacy Issues: In re Secretary of State for Northern Ireland [2025] UKSC 47

Introduction It is a rare case where the UK Government initiates a judicial review against an independent public body. The Thompson case is just such a case. The Secretary of State for Northern Ire…

ukconstitutionallaw.org

Reposted by Elliot Gold

Australian Public Law Blog @auspublawblog.bsky.social · 9d

New today on AUSPUBLAW: Reflections from Gabrielle Appleby on Nicholas Petrie and Julian R Murphy’s edited collection 'Public Law and Criminal Law in Australia: Overlap, Intersection and Inconsistency': www.auspublaw.org/blog/2025/12...

Criminal Law as Public Law – Public Law and Criminal Law in Australia book forum — Australian Public Law

Gabrielle Appleby Nicholas Petrie and Julian R Murphy’s recently released edited collection, Public Law and Criminal Law in Australia: Overlap, Intersection and Inconsistency (F ederation Press...

www.auspublaw.org

Reposted by Elliot Gold

UK Constitutional Law Association @ukcla.bsky.social · 10d

UKCLA Annual General Meeting and Round Table ukconstitutionallaw.org/2025/12/16/u...

UKCLA Annual General Meeting and Round Table

UCL, January 14th 2026 UKCLA Annual General Meeting The UKCLA Annual General Meeting will be held in person at 12.15 pm on Wednesday 14th of January 2026 in the Keeton Room, Bentham House, Universi…

ukconstitutionallaw.org

Reposted by Elliot Gold

Mark Elliott @profmarkelliott.bsky.social · 10d

"In Defence of Classical Administrative Law", by @philipmurraylaw and me, has now been published in the Cambridge Law Journal on FirstView. It is available via the following link (open access): doi.org/10.1017/S000...

Reposted by Colin Murray, Elliot Gold

Administrative Court Blog @admincourtblog.bsky.social · 14d

Judicial Review of the First-tier Tribunal: Overlapping Errors of law and errors of fact administrativecourtblog.wordpress.com/2025/12/12/j...

Judicial Review of the First-tier Tribunal: Overlapping Errors of law and errors of fact

Introduction In the field of judicial review, courts have traditionally distinguished review for error of law and review for error of fact. When it comes to reviewing errors of law, courts have typ…

administrativecourtblog.wordpress.com

Reposted by Colin Murray, Elliot Gold

Administrative Court Blog @admincourtblog.bsky.social · 16d

Reviewing the Attorney General: Northern Ireland should enter the chat administrativecourtblog.wordpress.com/2025/12/10/r...

Reviewing the Attorney General: Northern Ireland should enter the chat

Introduction On 1 July 2025, the Divisional Court (Stuart-Smith LJ and Chamberlain J) handed down judgment in R (Campbell) v Attorney General for England and Wales [2025] EWHC 1653 (Admin). Campbel…

administrativecourtblog.wordpress.com

Reposted by Elliot Gold

UK Constitutional Law Association @ukcla.bsky.social · 16d

Marianne Holbrook: Should Decisions of the Attorney General be Judicially Reviewable? ukconstitutionallaw.org/2025/12/10/m...

Marianne Holbrook: Should Decisions of the Attorney General be Judicially Reviewable?

In July 2025, the Divisional Court in R (Campbell) v Attorney General [2025] EWHC 1653 (Admin), held that “there is a category of functions of the Attorney General which are immune from review on a…

ukconstitutionallaw.org

Reposted by Diane Coyle, Elliot Gold

Mark Elliott @profmarkelliott.bsky.social · Sep 16

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

Reposted by Elliot Gold

Scott Wortley @scottwortley.bsky.social · Sep 15

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

Reposted by Elliot Gold

Administrative Court Blog @admincourtblog.bsky.social · May 23

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

Reposted by Elliot Gold

Administrative Court Blog @admincourtblog.bsky.social · May 7

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

Reposted by Elliot Gold

Gordon Exall @civlittweet.bsky.social · May 7

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

Reposted by Elliot Gold

The Bar Council @thebarcouncil.bsky.social · May 5

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...

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.

Elliot Gold @elliotgold.bsky.social · Apr 8

Not acceptable to refrain

Reposted by Elliot Gold

Australian Public Law Blog @auspublawblog.bsky.social · Mar 16

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

Reposted by Elliot Gold

Administrative Court Blog @admincourtblog.bsky.social · Mar 14

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

Reposted by Elliot Gold

Mark Elliott @profmarkelliott.bsky.social · Mar 10

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

Reposted by Elliot Gold

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

Reposted by Paul Daly, Elliot Gold

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

Reposted by Elliot Gold

Tony Dowson @tonydowson5.bsky.social · Jan 1

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"

Elliot Gold @elliotgold.bsky.social · Oct 19

Or possibly ‘he who receives god’ / ‘he who keeps holding god’, from the verb שרה, to keep / retain.

Elliot Gold @elliotgold.bsky.social · Oct 17

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.

Reposted by Elliot Gold

Carl Gardner @carlgardner.bsky.social · Oct 11

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

Reposted by Elliot Gold

Gabriel Tan @finishedloading.bsky.social · Aug 22

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.