Elliot Gold
@elliotgold.bsky.social
Barrister in police, public and discrimination law. Serjeants’ Inn Chambers.
Reposted by Elliot Gold
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
December 10, 2025 at 2:16 PM
Marianne Holbrook: Should Decisions of the Attorney General be Judicially Reviewable? ukconstitutionallaw.org/2025/12/10/m...
Reposted by Elliot Gold
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
December 10, 2025 at 5:36 PM
Reviewing the Attorney General: Northern Ireland should enter the chat administrativecourtblog.wordpress.com/2025/12/10/r...
Reposted by Elliot Gold
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
December 12, 2025 at 6:21 PM
Judicial Review of the First-tier Tribunal: Overlapping Errors of law and errors of fact administrativecourtblog.wordpress.com/2025/12/12/j...
Reposted by Elliot Gold
"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...
December 16, 2025 at 11:49 AM
"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 Elliot Gold
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
December 16, 2025 at 2:04 PM
UKCLA Annual General Meeting and Round Table ukconstitutionallaw.org/2025/12/16/u...
Reposted by Elliot Gold
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
December 17, 2025 at 10:17 PM
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...
Reposted by Elliot Gold
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
December 18, 2025 at 2:00 PM
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...
Reposted by Elliot Gold
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
December 19, 2025 at 1:02 AM
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...
Reposted by Elliot Gold
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
September 15, 2025 at 9:45 AM
I am speaking at the Statute Law Society in London next month about audiences and interpreting legislation. Currently workshopping some jokes.
Reposted by Elliot Gold
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...
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
September 16, 2025 at 1:17 PM
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...
publiclawforeveryone.com/2025/09/16/i...
Reposted by Elliot Gold
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
May 23, 2025 at 12:09 PM
Appointment of Conservative Party leader not challengeable under Human Rights Act administrativecourtblog.wordpress.com/2025/05/23/a...
Reposted by Elliot Gold
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
May 7, 2025 at 8:35 AM
The deprivation of children’s liberty: the Human Rights Act exists for a reason administrativecourtblog.wordpress.com/2025/05/07/t...
Reposted by Elliot Gold
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...
May 5, 2025 at 2:16 PM
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...
Reposted by Elliot Gold
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
May 7, 2025 at 6:33 AM
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...
Reposted by Elliot Gold
Witness statement evidence in Judicial Review – some salutary lessons from the Court of Appeal
administrativecourtblog.wordpress.com/2025/03/14/w...
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
March 14, 2025 at 6:07 PM
Witness statement evidence in Judicial Review – some salutary lessons from the Court of Appeal
administrativecourtblog.wordpress.com/2025/03/14/w...
administrativecourtblog.wordpress.com/2025/03/14/w...
Reposted by Elliot Gold
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
March 16, 2025 at 10:31 PM
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/...
Reposted by Elliot Gold
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
March 10, 2025 at 5:29 PM
New post | KP v Foreign Secretary: A primer on rationality review publiclawforeveryone.com/2025/03/10/k...
Reposted by Elliot Gold
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 Elliot Gold
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...
Reposted by Elliot Gold
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"
"Inflating the concept of the rule of law conceals the underlying conflicts and hinders thoughtful debate about the trade-offs which are required"
January 1, 2025 at 5:43 PM
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"
"Inflating the concept of the rule of law conceals the underlying conflicts and hinders thoughtful debate about the trade-offs which are required"
Reposted by Elliot Gold
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
October 11, 2024 at 4:16 PM
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?
Reposted by Elliot Gold
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
August 21, 2024 at 4:01 PM
Anxious scrutiny of decisions not to prosecute administrativecourtblog.wordpress.com/2024/08/21/a...
Reposted by Elliot Gold
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
August 22, 2024 at 9:11 AM
Convention-compatibility of legal aid cliff edge in the context of asylum interviews administrativecourtblog.wordpress.com/2024/08/22/c...
Reposted by Elliot Gold
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.
According to Fordham J, applying a “dual” variable intensity review to determine if they are irrational.
August 22, 2024 at 10:46 AM
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.
According to Fordham J, applying a “dual” variable intensity review to determine if they are irrational.