Monday 5 October Herbert Smith Freehills Exchange House Primrose Street London Ec2a 2Hs 9.30 – 17.30
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MONDAY 5 OCTOBER HERBERT SMITH FREEHILLS EXCHANGE HOUSE PRIMROSE STREET LONDON EC2A 2HS 9.30 – 17.30 EARN 6 CPD POINTS SRA/BSB/ILEX Speakers: DAVID ANDERSON QC, TIM BULEY, JAMIE BURTON, SARAH CLARKE, SIMON CREIGHTON, DEBA DAS, TOM DE LA MARE QC, MARIE DEMETRIOU QC, MICHAEL DRURY CMG, MIKE FORDHAM QC, PROF CONOR GEARTY, RICHARD GORDON QC, JOHN HALFORD, RICHARD HERMER QC, PHILLIPPA KAUFMANN QC, ERIC KING, LORD JUSTICE LAWS, ANDREW LIDBETTER, DAVID LOCK QC, JOANNA LUDLAM, NICOLA MACKINTOSH QC (HONS), RAVI MEHTA, TIM OTTY QC, NAINA PATEL, JASVEER RANDHAWA, JENNI RICHARDS QC, ALICE ROSS, TOM SNELLING, MICHAEL SPENCER, IAIN STEELE, KATE STONE, ADAM STRAW, HUGH TOMLINSON QC, HEATHER WILLIAMS QC Programme: TOP CASES OF THE YEAR, PARLIAMENTARY VANDALISM AND NEW HUMAN RIGHTS, INFORMATION PROCESSING AND DISCLOSUE BY PUBLIC AUTHORITIES, SURVEILLANCE AND THE LAW, THE RELATIONSHIP BETWEEN LITIGATION AND POLICY, HENRY VIII CLAUSES, THE IMPACT OF TERRORISM POLICY ON FREE SPEECH, EU LAW IN DOMESTIC JUDICIAL REVIEW, PROPORTIONALITY - WHAT LIES BENEATH THE LABEL?, VICTIMS, SUSPECTS AND CONVICTS, CHALLENGING NHS DECISIONS, PUBLIC LAW AND THE REGULATORS, INTERNATIONAL LAW IN DOMESTIC COURTS, SOCIAL SECURITY SALAMI SLICING MORNING SESSION PLENARY CHAIR: JENNI RICHARDS QC, 39 ESSEX STREET CHAMBERS 9.00 COFFEE AND REGISTRATION MORNING BREAKOUT SESSIONS Each session is scheduled to last one hour. 9.30 INTRODUCTION FROM THE CHAIR OF Please choose one of the following THE PUBLIC LAW PROJECT 1. EU law in domestic judicial review • Relying on EU law in domestic proceedings 9.35 OPENING ADDRESS: LORD JUSTICE LAWS • Charter: status and horizontal effect • Securing a reference and interveners 10.00 TOP PUBLIC LAW CASES OF THE YEAR: • Practical points for Luxembourg Naina Patel and Iain Steele, Blackstone Chambers & Joanna Ludlam, Partner, Baker McKenzie LLP Deba Das, Senior Associate, Freshfields, Tom Snelling, Partner, Freshfields & Marie Demetriou QC, Brick Court Chambers 10.45 PARLIAMENTARY VANDALISM AND NEW HUMAN RIGHTS 2. Proportionality - what lies beneath the • Implications of repeal of the HRA and statutorily restricted rights label? The dark arts of variable intensity of review and application of the principle • The strength and potential of the common law in practice. and international human rights obligations Will proportionality replace Wednesbury across the • A rebalanced Constitution through the board, or only in cases involving fundamental rights principle of legality and the rule of law and interests recognised by the common law? Mike Fordham QC, Blackstone Chambers How do you apply the proportionality principle in practice? In which cases will the Courts look more 11.15 BREAK closely at reasons and evidence? What arguments do you need to advance to assist 11.35 MORNING BREAKOUT SESSIONS or prevent this? choose one of four on the right What evidence do you need? Tom de la Mare QC, Blackstone Chambers & 12.35 INFORMATION PROCESESSING AND DISCLOSURE BY PUBLIC John Halford, Bindmans LLP AUTHORITIES Recent case law on the engagement of Article 8, 3. Victims, suspects and convicts - recent data processing and privacy issues. developments in public law and the Hugh Tomlinson QC, Matrix Chambers criminal justice system This session will look at - 13.05 LUNCH • Police investigations and the HRA • Prison law challenges (those that are left!) • Compensation for miscarriages of justice Simon Creighton, Bhatt Murphy Philippa Kaufmann QC, Matrix Chambers & Kate Stone, Garden Court North WHO SHOULD ATTEND? 4. Challenging NHS decisions: How can All practitioners involved in, or who want to become patients and those focusing on patient involved in, judicial review proceedings. interests use the law to uphold patients’ rights: This session will look at the legislative scheme WHY YOU SHOULD ATTEND affecting the NHS in England, a range of areas of • This is a unique event, set up by practitioners for challenge to NHS management decision making and how challenges can be constructed to have the best practitioners that brings together a mix of both chance of success. They will cover: claimant and defendant lawyers. • It engages with the practical aspects of judicial • Hospital and other service reconfigurations review litigation, with an emphasis on access to • NHS treatment rationing justice and freedom of information. • Failures in the duty to involve patients in • Leaders in the field will provide up-to-date commissioning decisions around restructuring services information on the latest judicial review case law and • Challenges involving outsourcing of NHS services trends. • You will earn 6 hours of Solicitors Regulation David Lock QC and Tim Buley, Landmark Chambers Authority / Bar Council / ILEX CPD points. AFTERNOON SESSION CHAIR: NICOLA MACKINTOSH QC (HON) 14.00 PUBLIC LAW PANEL: SURVEILLANCE AND THE LAW AFTERNOON BREAKOUT SESSIONS The Panel will discuss recent judgments of the Each session is scheduled to last one hour. Investigatory Powers Tribunal (IPT) concerning Please choose one of the following the basis for lawful interception, including the implications for communications to which legal 5. Public law and the regulators professional privilege and client confidentiality This seminar is an update on the application of attach. They will also discuss David Anderson judicial review principles to the regulators across a QC’s recent report ‘A Question of Trust’ and range of commercial sectors, how the courts tend to other legal issues arising from surveillance by the approach the different ground for JR in this context intelligence services. There will be time for Q&A and a number of recent cases. from delegates. Andrew Lidbetter, Partner & Hugh Tomlinson QC, Matrix Chambers (Chair) Jasveer Randhawa, Senior Associate, David Anderson QC, The Government’s Herbert Smith Freehills LLP Independent Reviewer of Terrorism Legislation Michael Drury CMG, Partner, BCL Burton 6. International Law in the Domestic Courts Copeland and former Head of Legal, GCHQ This session examines the increasing role that Eric King, Deputy Director, Privacy International international law is playing in domestic public law Alice Ross, Investigative Journalist, the Guardian claims. The speakers will give a broad outline of key international law sources and the principles as to how domestic courts apply them before highlighting 14.45 AFTERNOON BREAKOUT SESSIONS key cases. The discussion will consider not simply Choose one of four on the right claims concerning international human rights in the context of Iraq, Afghanistan and Guantanamo Bay but also how international law can be utilised in a 15.45 BREAK broad range of cases for example those concerning the rights of children and increasingly social & 16.05 THE RELATIONSHIP BETWEEN LITIGATION AND POLICY: economic rights. LITIGATION BY THE CHAGOSSIAN ISLANDERS (1982 - ) Richard Hermer QC, Matrix Chambers & This presentation will cover which acts of Ravi Mehta, Blackstone Chambers Government have been challenged, changes to Government policy and its stance during and 7. Social Security Salami Slicing: after litigation. It will also look at the feasibility What’s Left to Cut? studies, the current Supreme Court case and The new Conservative government campaigned on what the new decision means. a promise of £30bn sending cuts including £12bn Richard Gifford, Consultant, Clifford Chance LLP from welfare. Wherever the cuts fall they will have profound impacts and are bound to raise questions 16.35 WHY HENRY VIII CLAUSES SHOULD BE CONSIGNED TO THE about whether they can lawfully be implemented. Is it possible to reduce spending to this extent without DUSTBIN OF HISTORY unlawful discrimination and can it be reconciled Henry VIII clauses by which Acts of Parliament with domestic and international duties to which the may be changed by delegated legislation are a government is subject such as the Child Poverty Act constitutional anomaly. They are derived from a 2010, if it remains, or the UNCRC or UNCRPD? time when the Crown exercised absolute power. In the modern age they have the potential This talk will consider the extent to which there are legal limits on the proposed cuts and will seek to subvert the sovereignty of parliament and to map out areas where they can be subjected to substitute executive tyranny. This talk examines successful challenges. the history and modern uses of such clauses and explains why they should have no place in our Jamie Burton, Doughty Street Chambers, post-1688 Glorious Revolution settlement. Sarah Clarke, The Public Law Project & Michael Spencer, Child Poverty Action Group Richard Gordon QC, Brick Court Chambers 17.00 CLOSING ADDRESS: PROF CONOR GEARTY 8. Future proofing: running human rights THE IMPACT OF TERRORISM POLICY ON FREE SPEECH arguments under the common law. This session explores the extent to which the British values have always encompassed freedom common law may be used in judicial review and of speech - but in name only. The latest assault damages claims involving human rights, and what on inconvenient speech is simply the starkest may be done to try to enhance the protection example of that truest of British values, double- of fundamental rights by the common law, to standards. As a result of recent terrorism laws safeguard your cases from the potential repeal restricting expression, the courts are bound of the Human Rights Act. It supplements Michael soon to face large challenges in negotiating a Fordham QC’s talk in the morning plenary. pathway between desired appearance and this It also explores