Ripe for reform? A review of search warrants

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Ripe for reform? A review of search warrants

Between 2010 and 2018 there were over 50 judicial reviews brought in respect of search warrants. This has been attributed to the perception that applications for warrants are seen as “…in essence matters of routine, in effect requiring no more than a rubber stamp of approval from the courts”.  The spate of cases shows no sign of abating. High-profile cases have captured the attention of the media.  The 2014 search of Sir Cliff Richard’s house resulted in a very public admission of liability and payment of £400,000 in damages by South Yorkshire Police, in addition to subsequent litigation in which the BBC was found liable for breach of privacy.  The first case considered by the UK Supreme Court in 2018 addressed the issue of what evidence in support of a search warrant may be relied upon by a court when it cannot be disclosed to the person on grounds of public interest immunity (“PII”).

(This paper was first published in the journal  Judicial Review, 2018, 23(4), 279-292. For a copy, please contact Thom.)

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Who Will Guard the Guardians? Challenging the Decision to Prosecute

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Who Will Guard the Guardians? Challenging the Decision to Prosecute

Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010.

(This paper was first published in the journal Judicial Review, 2017, 22(2), 124-142. For a copy, please contact Thom)

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Review: Tom Bingham and the Transformation of the Law

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Review: Tom Bingham and the Transformation of the Law

The arc of the book is ambitious, attempting nothing less than the charting of the “transformation” in the law which took place over the course of Bingham's career. In a reflection on Bingham's popularity as a judge, the editors have assembled a stellar array of contributors. Of the 53 essays in the book, two are written by current members of the UK Supreme Court, eight by Court of Appeal judges, two by High Court judges, one by a US Supreme Court Justice, as well as a dazzling host of academics and practitioners from both domestic and foreign jurisdictions (This article first appeared in Public Law in January 2011).

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