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Weekly law digests

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02 August 2018
Issue: 7804 / Categories: Case law , Law digest , In Court
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Constitutional law

R (on the application of the Freedom and Justice Party and others) v Secretary of State for Foreign and Commonwealth Affairs and another (Amnesty International and another intervening) [2018] EWCA Civ 1719, [2018] All ER (D) 127 (Jul)

The Divisional Court had been correct to hold that a rule of customary international law had been identified which obliged a state to grant to the members of a special mission, which the state accepted and recognised as such, immunity from arrest or detention and from criminal proceedings for the duration of the special mission’s visit. The Court of Appeal, Civil Division, in dismissing the claimants’ appeal, further held that, in accordance with the presumption that customary international law should shape the common law, such immunities were recognised by the common law.

Costs

McDermott v InHealth Ltd [2018] EWHC 1835 (QB), [2018] All ER (D) 132 (Jul)

The district judge had erred in the exercise of his discretion that there should be a limit on the claimant’s recovery of costs as a result of

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Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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