Gabriel Tan
@finishedloading.bsky.social
Public lawyer @admincourtblog.bsky.social
The IPT has dismissed complaints made by two Guantanamo Bay detainees alleging public law illegality by UK security agencies in their ill-treatment by the US: www.judiciary.uk/wp-content/u...
The substantive findings/reasons for dismissing all substantive grounds are contained in a CLOSED judgment.
The substantive findings/reasons for dismissing all substantive grounds are contained in a CLOSED judgment.
www.judiciary.uk
October 27, 2025 at 12:25 PM
The IPT has dismissed complaints made by two Guantanamo Bay detainees alleging public law illegality by UK security agencies in their ill-treatment by the US: www.judiciary.uk/wp-content/u...
The substantive findings/reasons for dismissing all substantive grounds are contained in a CLOSED judgment.
The substantive findings/reasons for dismissing all substantive grounds are contained in a CLOSED judgment.
Lord Sales, "The UK Supreme Court’s approach to customary international law" (Presentation to ECtHR Judges)
supremecourt.uk/uploads/spee...
supremecourt.uk/uploads/spee...
supremecourt.uk
October 18, 2025 at 2:39 PM
Lord Sales, "The UK Supreme Court’s approach to customary international law" (Presentation to ECtHR Judges)
supremecourt.uk/uploads/spee...
supremecourt.uk/uploads/spee...
Reposted by Gabriel Tan
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.
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
July 7, 2025 at 8:48 AM
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.
Reposted by Gabriel Tan
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.
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
July 5, 2025 at 2:41 PM
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.
Reposted by Gabriel Tan
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...
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
June 23, 2025 at 11:27 AM
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...
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...
Reposted by Gabriel Tan
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.
Here, I use the private schools VAT JR to explain why.
*The slander of terrible jokes will not be tolerated.
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
June 19, 2025 at 12:26 PM
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.
Here, I use the private schools VAT JR to explain why.
*The slander of terrible jokes will not be tolerated.
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.
@samuelwillis.bsky.social and I blogged below on the HC’s reasons for refusing permission.
June 14, 2025 at 11:52 AM
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.
@samuelwillis.bsky.social and I blogged below on the HC’s reasons for refusing permission.
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...
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
June 12, 2025 at 12:33 PM
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...
www.gov.uk/government/n...
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 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!
May 22, 2025 at 10:43 AM
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 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!
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.
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.
May 14, 2025 at 6:45 AM
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.
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.
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.
April 30, 2025 at 4:30 PM
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.
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...
assets.caselaw.nationalarchives.gov.uk/ewca/civ/202...
April 16, 2025 at 2:36 PM
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...
assets.caselaw.nationalarchives.gov.uk/ewca/civ/202...
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
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
March 24, 2025 at 1:32 PM
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
caselaw.nationalarchives.gov.uk/ukpc/2025/14
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).
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
February 26, 2025 at 12:00 PM
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).
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
February 26, 2025 at 11:27 AM
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...
Reposted by Gabriel Tan
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
February 21, 2025 at 2:38 PM
The contours of rationality administrativecourtblog.wordpress.com/2025/02/21/t...
Reposted by Gabriel Tan
Reposted by Gabriel Tan
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
January 31, 2025 at 2:31 PM
No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...
A really big decision on non-refoulement, raising a myriad of important issues, which I think is likely to reach the Supreme Court.
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
January 22, 2025 at 8:22 PM
A really big decision on non-refoulement, raising a myriad of important issues, which I think is likely to reach the Supreme Court.
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...
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
January 22, 2025 at 11:50 AM
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...
caselaw.nationalarchives.gov.uk/ewca/civ/202...
[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...
www.judiciary.uk/judgments/ra...
January 20, 2025 at 6:09 PM
[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...
www.judiciary.uk/judgments/ra...
Underhill LJ in related case heard by same CA constitution: “It is a matter of basic fairness that a person whom the Secretary of State proposes to deprive of British citizenship should have the opportunity to put forward reasons in opposition…
January 17, 2025 at 6:14 PM
Underhill LJ in related case heard by same CA constitution: “It is a matter of basic fairness that a person whom the Secretary of State proposes to deprive of British citizenship should have the opportunity to put forward reasons in opposition…
CA overrules Upper Tribunal approach to deprivation of citizenship for fraud appeals in Ciceri and Chimi: caselaw.nationalarchives.gov.uk/ewca/civ/202...
Amjad Ali Chaudhry v Secretary of State for the Home Department -
Find Case Law
- The National Archives
caselaw.nationalarchives.gov.uk
January 17, 2025 at 3:28 PM
CA overrules Upper Tribunal approach to deprivation of citizenship for fraud appeals in Ciceri and Chimi: caselaw.nationalarchives.gov.uk/ewca/civ/202...
Important judgment from Chamberlain J on GLD communications to Admin Court about planned immigration removals which are not copied to Cs.
Arose in context of Home Office policy of withholding departure times from Cs to prevent "targeted disruption".
caselaw.nationalarchives.gov.uk/ewhc/admin/2...
Arose in context of Home Office policy of withholding departure times from Cs to prevent "targeted disruption".
caselaw.nationalarchives.gov.uk/ewhc/admin/2...
Ebou Jasseh, R (on the application of) v Secretary of State for The Home Department -
Find Case Law
- The National Archives
caselaw.nationalarchives.gov.uk
January 16, 2025 at 12:11 PM
Important judgment from Chamberlain J on GLD communications to Admin Court about planned immigration removals which are not copied to Cs.
Arose in context of Home Office policy of withholding departure times from Cs to prevent "targeted disruption".
caselaw.nationalarchives.gov.uk/ewhc/admin/2...
Arose in context of Home Office policy of withholding departure times from Cs to prevent "targeted disruption".
caselaw.nationalarchives.gov.uk/ewhc/admin/2...
A striking feature of the decisions that have cited Imam, where a public law breach was found, is that all have either granted a mandatory order or indicated it may be granted.
None have refused it where it was sought.
@lewisgrahamlaw.bsky.social and I consider this and other issues in our post.
None have refused it where it was sought.
@lewisgrahamlaw.bsky.social and I consider this and other issues in our post.
Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review ukconstitutionallaw.org/2025/01/16/g...
Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review
It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitu…
ukconstitutionallaw.org
January 16, 2025 at 10:31 AM
A striking feature of the decisions that have cited Imam, where a public law breach was found, is that all have either granted a mandatory order or indicated it may be granted.
None have refused it where it was sought.
@lewisgrahamlaw.bsky.social and I consider this and other issues in our post.
None have refused it where it was sought.
@lewisgrahamlaw.bsky.social and I consider this and other issues in our post.