Important developments in public law: the recent approach of the Supreme Court to policy challenges and to international treaty obligations

Important developments in public law: the recent approach of the Supreme Court to policy challenges and to international treaty obligations

Thursday 23 September 2021 | 12:00-13:00

It will be vital for public law practitioners, particularly claimant practitioners, to understand three important judgments of the Supreme Court. These indicate a restrictive approach to challenges to government policies; to the use of unincorporated international treaties in public law challenges; and to the deployment of Article 14 ECHR and indirect discrimination claims more generally.

Laura Dubinsky will chair the session.

Alice Irving will discuss R (A) v SSHD [2021] UKSC 37 and BF (Eritrea) v SSHD [2021] UKSC 38. Both appeals, in very different contexts, concern the standards to be applied to the judicial review of policies. The Court held that it was not grounds to quash a policy that the policy created an unacceptable risk of unlawful outcomes.

Michael Spencer will discuss R (SC) v SSWP [2021] UKSC 26. The Supreme Court unanimously dismissed a challenge to the two child limit for child tax credits. The Supreme Court’s observations concerning the application of safeguards drawn from the UN Convention of the Rights of the Child have wide application to reliance in the domestic courts on unincorporated international treaty obligations. The Court also gave guidance concerning the application of Article 14 ECHR and made observations on indirect sex discrimination claims.

This seminar will, in particular, address the bases on which, following those judgments, a policy may be properly challenged and unincorporated treaty obligations properly deployed.

Register your place below or click here. 

There will be live auto-transcription enabled throughout this event and it will be recorded. All guests will have their cameras and microphones turned off automatically for this event. Exclusionary language will not be accepted.

The audio transcript will be made available on request.

Unfortunately, we will be unable to provide a BSL interpreter for this event.

Please let us know if you would like to engage in a confidential conversation regarding this or if you have any other accessibility requirements at: events@doughtystreet.co.uk.

The slides are available here.