Elliot Gold

Barrister in police, public and discrimination law. Serjeants' Inn chambers. C&P Professional Discipline Junior of the Year 2021. Own views + not legal advice.

[Elliot Gold @EGoldLdn]

@tc1415 There is no such thing as correct so far as Parliament is concerned. Only alternative policy choices.

[Elliot Gold @EGoldLdn]

The previous Supreme Court judges may also disagree that they were wrong. As Talleyrand said, la trahison est une question de dates.

[Benjamin Lewis @tc1415]

Well. Something I've been waiting for for a very long time happened today.

The Supreme Court overturned as incorrect a decision authored by Lady Hale (Cheshire West, the exact situation in question is not material for my purposes).

Thus proving that a) the supposed expert justices of our apex court are actually prone to serious error and b) that when there is a will stupid decisions can be overturned.

Of course, I doubt Lady Hale - and the other judges in the majority in 2014 will apologise for their callous refusal to make a correct decision and the huge costs this has likely caused. That would be the honourable thing to do - and they are all supposedly Right Honourable........

[Elliot Gold @EGoldLdn]

@tc1415 Parliament has had the opportunity to change the law. There are no perfect solutions. Only trade-offs.

[Adm. Court Blog @admcourtblog]

When does a duty to consult arise in public law? https://t.co/mQtKWL1ZXF

[Adm. Court Blog @admcourtblog]

What is a deprivation of liberty? https://t.co/K67PHXgsKF

[Elliot Gold @EGoldLdn]

@TonyDowson5 unfortunate history, we are of the opinion that the review should be conducted by a different judge, who need not be a high court judge. https://t.co/RNX1SlyS2Y

[Elliot Gold @EGoldLdn]

@TonyDowson5 serious confusion". Even if Cheshire West is wrong, there is nothing confusing about it. In our view, the judge's passionate view that the legal analysis of the majority in Cheshire West is wrong is in danger of distorting his approach to these cases. In the light of the…

[Adm. Court Blog @admcourtblog]

The quashing of primary legislation: mystifying or mundane? https://t.co/8oodHAZ5t4

[Adm. Court Blog @admcourtblog]

Challenging sanctions: public law, Saini-style https://t.co/EPOPkGQ6gU

[Mark Elliott @ProfMarkElliott]

On which now see: https://t.co/FAJqXEHgp4

[Mark Elliott @ProfMarkElliott]

New post

Ismailov v Foreign Secretary: Constitutional revisionism and the principle of legality

https://t.co/FAJqXEHgp4

[Tony Dowson @TonyDowson5]

R (Rupert Lowe MP) v Independent Complaints and Grievance Scheme [2026] EWHC 1163 (Admin)

Lowe, by way of JR, challenges ICGS (a House of Commons body) investigation into him.

High Court finds that the claim is barred due to parliamentary privilege.
https://t.co/w1fA5yDhPH

[Tony Dowson @TonyDowson5]

In the Matter of Contempt Proceedings Against Rajiv Menon KC [2026] EWCA Civ 573

Finding that High Court has no jurisdiction to hear the contempt case against Rajiv Menon KC (for conduct in Palestine Action trial) absent a referral by the Attorney General
https://t.co/8WSUAXpJcH

[Matthew Scott @Barristerblog]

Unusually the Court of Appeal (incl LCJ) upholds trial judge's decision to stop a case as an abuse of process after police failure to seize potentially very important (though not in itself decisive) CCTV footage. HGF [2026] EWCA Crim 570. TY @CrimeLineLaw.

[Elliot Gold @EGoldLdn]

@BritishGasHelp Is anyone going to reply to this?

[Elliot Gold @EGoldLdn]

@BritishGasHelp What do you wish me to do? The message I have just sent received a complicated, automated reply.

[Adm. Court Blog @admcourtblog]

Rationality and Administrative Delay https://t.co/kPjz4E0AXu