I'm very grateful to have been invited to deliver a Current Legal Problems Lecture at UCL in Jan 25, which will be chaired by Sir Ernest Ryder. I'll be talking about 'The Social Side of Fair Process.' For fans of early planning, you can register here:
Found out last week that I will be Professor of Public Law
@UoYLaw
from August. Very grateful to family, friends, and colleagues who have supported me along the way, and especially
@LizAOLoughlin
who supports (puts up with) me every day
A new book on research methods in public law, edited with
@pauldalyesq
, has just been sent to press and will be out next month. Huge thanks to all our excellent contributors! We hope the book will be useful, especially to those entering the field
I'll be stepping down as Research Director
@publiclawprojct
this December, after 4 1/2 years. It's been an enormous privilege to hold the role, see the research team grow, and work with PLP's fantastic team and partners... 1/2
I have a new article in the
@ModernLRev
- with
@jed_meers
,
@Dr_NFinch
,
@M_Wilberforce
, and Simon Halliday - on the importance of the law/guidance distinction during the pandemic. It's available open access here:
Immigration Judicial Reviews: An Empirical Study - a new monograph with
@RobertThomas223
- has now been published by Palgrave: We owe a big thanks to everyone who supported our work and esp. those who spoke to us about their experiences.
Very much looking forward to these roundtables starting today and the minor personal victory of sharing this diagram of what happens to Admin Court JRs, which took me far, far too long to learn how to make...
PLP is hosting a series of roundtables starting tomorrow looking at evidence gaps in
#judicialreview
, chaired by
@DinahRoseQC
and Prof. Paul Craig.
We'll be feeding into Panel, which issued call for evidence yesterday.
More details on roundtable here:
A new book on research methods in public law, edited with
@pauldalyesq
, has just been sent to press and will be out next month. Huge thanks to all our excellent contributors! We hope the book will be useful, especially to those entering the field
Facts in Public Law Adjudication is now available for pre-order and is out next year (w/
@hartpublishing
): A pleasure to work w/
@annecart
, as well as a diverse range of authors who have produced excellent chapters on this often hidden but important topic...
After too short of a stay at King’s, I will be returning to my natural habitat (i.e. the North) and joining
@UoYLaw
as Senior Lecturer later this year. Will miss the talented folks at King’s but looking forward to working with new colleagues with many shared interests.
For a while now, I have been trying to work out how to seriously engage with the increasingly common view that administrative law too often gets in the way of the government "getting stuff done". It’s a view that I’m not inclined to agree with... 1/4
Have just been told that the Oxford Handbook of Administrative Justice has (finally!) gone to press. It will be available in June and can be pre-ordered now: Thanks to all our excellent contributors and OUP for their support with this project.
For public lawyers at a loose end this Sunday evening, I have just posted a final version of a paper (to appear in Public Law soon) on "Crowdfunding Public Interest Judicial Reviews." It argues for the development of a practical ethics around crowdfunding:
The Supreme Court is today handing down an important public law judgment in R (Imam) v Croydon. For those interested in the background, I wrote an article w/Dave Cowan, published recently in
@PL_PublicLaw
, on how things got to this point and why it's such a legal headache...
A new paper-written with
@katy_sheridan
and
@AdamHarkens
and soon to be published in Public Law-is now on SSRN: It sets out the need to revisit the use of evidence in judicial review, particularly in view of the growth of opaque digital systems:
I have a new paper, forthcoming in the OJLS, on SSRN. It argues we are in an experimental phase of digital decision-making and greater caution is needed than what we currently see in the design of key systems (the paper looks at the EU Settlement Scheme):
Sad to be leaving very good friends and colleagues (and students!) at Sheffield Law School, but very happy to say that I will be joining
@KCL_Law
this September.
I'm recruiting a Research Assistant to help me on a range of administrative law projects next year. Please do share with anyone you know who might be interested!
Just read the Retained EU Law Bill. If I've read it correctly, the job it sets up for govt is immense. If it passed tomorrow, it's a framework that initially expects c.5 pieces of Retained EU Law to be reformed/restated/removed each calendar day to the end of 2023...
New (permanent) lecturership at
@UoYLaw
, with a particular interest in public law and administrative justice. You have to work with me, but it's otherwise a great gig...
Very happy to have (finally) submitted the manuscript of a short new book this morning, to be published open access next summer with
@policypress
! Some more details are here:
Officially started a visiting position
@ConUnit_UCL
@uclspp
today. Had a lovely welcome from colleagues that I’m looking forward to working with and learning from in the next few months!
Have (finally) sent to Palgrave the manuscript for a new book with
@RobertThomas223
on immigration judicial review. V. grateful to everyone who gave their time to support us and to
@NuffieldFound
. Less grateful to the Home Office for proposing new reforms as we were finishing up!
Happy to see this report finally published. It's only the start of the story too, with many more Brexit SIs to come. Very grateful to all those who helped us along the way with this work, particularly
@jeff_a_king
, all the experts
@HansardSociety
,
@thebrieftweet
, & Alison Pickup
NEW Report: The EU withdrawal process showed up serious flaws in UK's system of delegated legislation
➡️Little / no debate
➡️High volume
➡️No impact assmnts
➡️Henry VIII
➡️Skeleton Bills
➡️Errors
By
@JoePTomlinson
@alexandrasinc10
& fwd by
@bricksilk
I am beginning my stint as editor of the
@adminlawblog
. If anyone would like to write a post, please do just drop me an email. I'm particularly keen to encourage posts from ECRs and am happy to discuss ideas.
.
@publiclawprojct
will argue that the PM acted unlawfully when he advised the Queen to prorogue parliament because he didn't consider the impact on parliament’s ability to scrutinise the secondary legislation required for an orderly
#Brexit
.
1/4 I have edited a special issue of Judicial Review, with articles on Public Law and Technology - most are adapted papers from the
@publiclawprojct
annual conference. Some of the articles have now been published online...
Why did the UK public comply with lockdown law? We give an answer in this article, soon to appear in the King's Law Journal under the creative title 'Why the UK Complied with Lockdown Law during COVID-19': Grateful to
@NuffieldFound
for funding this work.
With my
@UoYLaw
colleagues Simon Halliday and
@jed_meers
, I have spent the last few weeks developing a new project, kindly funded by
@NuffieldFound
, on Law & Compliance during COVID-19. We will provide updates as we have them on the project website:
We submitted the final proofs of Experiments in Automating Immigration Systems to
@BrisUniPress
today (out in January 2022): An ideal gift for those who like very late Christmas presents and slightly gloomy analysis about the administrative state!
My
@UoYLaw
colleague
@jed_meers
has just published a new article: "Forms of fettering: application forms and the exercise of discretion in the welfare state." It's creative and compelling research - a must-read for public lawyers: Here's the abstract:
One for the diary… a new conference organised between
@publiclawprojct
and
@UoYLaw
on Legal Research for Social Impact… more details coming soon… I’m not organising but have seen a draft programme and it looks great!
My new article (with
@AJO_Welsh
&
@_jackmaxwell
), which explores the impact of digital immigration status, is now available (open access) on the Legal Studies website:
The
@publiclawprojct
's SIFT project is extending its focus to now include updates on COVID-19 legislation and delegated legislation There has already been quite a bit:
Delighted to see that the proposal to look into administrative review systems - made by Robert Thomas and I - has made it into the Law Commission's 13th Programme!
Exciting to see my copy of Pandemic Legalities arrive (edited by
@lwdsc
and Ann Mumford). Many excellent chapters and also featuring a chapter on rights and solidarity by Simon Halliday,
@jed_meers
, and me…
We need a coherent framework for
#accesstojustice
in judicial review litigation, building on
#systemicunfairness
:
@abicadams
& I argue that the risk of futility is key-a rational litigant’s inability to vindicate a meritorious claim. Draft now available at
A new open access article - with Eleana Kasoulide,
@jed_meers
, and Simon Halliday, and based on our empirical study of sponsor experiences of the Homes for Ukraine Scheme - on how procedural (un)fairness can be experienced vicariously:
I wrote to Lord Faulks - Chair of the Independent Review of Administrative Law - to ask if the evidence submitted to the Panel will be published. This was his response:
I have a new paper on SSRN, soon to appear in Legal Studies, which looks at theories of legitimate expectations and what they say about how administrative lawyers think:
The wonderful Alison Pickup is also moving on to become Director of Asylum Aid, so this exciting job opportunity has arisen: Please do share the details far and wide! 2/2
I will be speaking at this year's annual
@publiclawprojct
conference in October, where I will be sharing new findings from an experimental study (w/
@jed_meers
&
@AJO_Welsh
) on the discriminatory impact of digital immigration status on access to housing...
If any colleagues have noticed me looking away with slight concern in Zoom meetings in recent days, this little one (and the fact that the idea of fully "kitten-proofing your home" is clearly a myth) is the reason why...
A new
@NuffieldFound
empirical study of immigration judicial review by
@RobertThomas223
and me is being published today. The full report is available here: This blog post has a summary of our findings:
I have a new working paper-with
@jo__hynes
,
@emarshallexeter
and
@_jackmaxwell
-on how the Administrative Court judicial review process is working under COVID-19 measures. It is available here:
We are hiring a Chair in Law
@UoYLaw
:
Also a reminder this lectureship (with a focus on public law) closes on the 14th:
Lots of opportunities to have to put up with me!
I am in need of a Research Assistant for around 100hrs of work (maybe more) for a small project on the digitalisation of administrative justice. If any Ph.D or postgrad students are interested (or anyone has a student who may be interested) please do let me know via DM.
Simon Halliday has just published a review of "Administrative Law in Action" by
@RobertThomas223
, which is well worth reading. It is available open access here:
I've put a new paper, written with
@_jackmaxwell
and
@AJO_Welsh
, on SSRN (to be published soon in Legal Studies). It considers "Discrimination in Digital Immigration Status" and argues there are serious problems with a digital-only status policy:
Nice to have received the latest issue of Public Law, which includes an article by me on crowdfunding and judicial review. A version can also be found here:
York (
@UoYLaw
) is recruiting a Lecturer in Law. It's an open post... but you can never have too many public/administrative lawyers! Happy to speak informally to any potential applicants.
Details of the very exciting
@publiclawprojct
conference this year... I’m going to be talking about some developing thoughts on methods of proving legal errors in automated decisions...
Late last year, I started developing research work with the
@publiclawprojct
. Very happy to now be sharing details of new research publications and a forthcoming research event:
I've put a new draft paper (written with
@cassjoce
) on SSRN: It's an attempt to consider how traditional principles of admin law (esp. the duty of inquiry) apply when officials don't collect useful systemic data even when it involves minimal effort...
Pleased to have a chapter (w/
@pauldalyesq
and
@jenraso
) in Carol Harlow's new book - just published last week - "A Research Agenda for Administrative Law." Having had an early preview of the manuscript, there are lots of very interesting contributions...
I’m a bit late on this but Channel 4’s Growing Up Poor is essential viewing. Captures the reality of the administrative state for many today: an increasingly digital connection to a thin safety net. Certainly worth a place on admin law course lists.
A new post with
@LewisGrahamLaw
&
@alexandrasinc10
looking at JR of delegated legislation under the Human Rights Act. The short version: it's not what some critics suggest it to be and there is no compelling case for reform:
@UoYLaw
@publiclawprojct
Great to see this new collection - expertly edited by
@mjg_constitlaw
and
@AdamJTucker
- land on my desk! A great project which also gave me the opportunity to finally write something with
@rmkirkham1
!
Just had to race down a hill in the middle of the Yorkshire countryside, and drive home, because our alarm company told us there had been a break in. Only to discover this face looking at us, proud she can now trigger the supposedly cat-proof sensor…
Today, the Administrative Fairness Lab and
@EURightsHub
are publishing new findings on the discriminatory effects of digital immigration status in respect of landlord decision-making, and the questions this gives rise to under the Withdrawal Agreement:
A new article (with
@jed_meers
& Simon Halliday) on “creative non-compliance” behaviours in relation to COVID-19 regulations, which is soon to appear in the journal Deviant Behavior:
I have a new article (with Duncan Fairgrieve and
@JakeRylatt
) in Civil Justice Quartely on the determination of panel size in
@UKSupremeCourt
. Here is the abstract:
PLP is hosting a seminar discussion on "Remote Justice? Access to courts and tribunals during the pandemic." It's free and will be conducted via Zoom. More details and registration are avialable here:
I have a new working paper with
@_jackmaxwell
on SSRN. It looks at how public law regulates the disclosure of models relied on by public officials. It can be read here:
I am going to be grilled by Carol Harlow - on the topic of "Automated justice. Your future?" - for a Sherrard Conversation at Middle Temple (18 July 2019). Details are here:
Looking forward to speaking at the
@publiclawprojct
conference this Wednesday. Here is the short draft paper I will be presenting-from research I have been working on with
@AdamHarkens
and
@katy_sheridan
-that looks at JR, evidence, and automation:
Proud PhD supervisor moment! Also a fantastic article on crowdfunding JR… Sam is building the empirical evidence base needed to enable a better conversation about this topic…
@TomRHickman
We do this on the Public Law course at York. We spend some classes asking students to asses the legality of an SI which is part-fiction, part actual SI. One tutor initially thought the real parts were made-up and were “beyond belief.”
Pleased to share this new Research Fellow opportunity, which is a joint appointment between the Administrative Fairness Lab and the Institute of Mental Health Research, both based at the University of York: I'm happy to chat to any interested candidates
Fantastic, clear judgment by Mr Justice Fordham: . Great to see the right result in this case and a pleasure to play a small part (with
@jo__hynes
) in a collaborative effort.
Successful challenge to the UTIAC's Covid guidance re: error of law decisions.
Massive well done to JCWI and Freshfield's pro bono team (a dream to work with) and PLP for their pre action work on this.
I held this post from 2017 to 2021, and it was the most rewarding experience of my career. You get to work with outstanding people dedicated to trying to make things better for those in our society who need it most. Do consider applying if you think you fit the bill!
Could you be PLP’s new Director of Research?
If you could provide visionary leadership for a high-performing research team, contribute your own impactful
#publiclaw
research, and advance the needs of the communities PLP serves, then apply below:
The final few papers from this special issue of Judicial Review are now online:
- Kate O'Regan (
@BonaveroIHR
), "Public Law, the Digital World and Human Rights: Challenges Ahead":
1/4 I have edited a special issue of Judicial Review, with articles on Public Law and Technology - most are adapted papers from the
@publiclawprojct
annual conference. Some of the articles have now been published online...
This is an excellent long-term post-doc opportunity
@thehertieschool
to work with
@ProfCCostello
on the Algorithmic Fairness for Asylum-Seekers and Refugees project:
Just about managed to drag myself around the Yorkshire Marathon today. I was running to support my local foodbank in York, so - if you can - please do chip in. Thanks!
Please share far and wide:
New one-year post doctoral fellowship on Brexit and Administrative Justice with the
@publiclawprojct
:
Happy to speak to anyone considering applying.
On 30th November, Carol Harlow will be questioning me
@middletemple
on the challenges that automation and digital government presents for public lawyers... if you are interested in seeing me put through my paces, here is the link:
The IRAL Report was generally a robust, balanced analysis, but the stats presented as the basis for proposals to abolish Cart JRs were misconceived (as were all the press articles that referred to "only 12 successful cases since 2012"). This post explains why: