Prince Charles, freedom of information, judicial review and the separation of powers: R (Evans) v Attorney-General

The Administrative Court gave judgment earlier today in R (Evans) v Attorney-General [2013] EWHC 1960 (Admin). The case concerns a challenge to the legality of the Attorney-General’s decision to use s 53 of the Freedom of Information Act 2000 to block the disclosure of letters written to Ministers by Prince Charles. The s 53 veto was issued in order to avoid having to release the letters following a decision by the Upper Tribunal holding that the public interest required their disclosure. I have commented in previous posts on the decision of the Upper Tribunal and on the Attorney-General’s decision to override that decision by invoking s 53. Continue reading “Prince Charles, freedom of information, judicial review and the separation of powers: R (Evans) v Attorney-General”

Jurisdictional error and the law/fact distinction: Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19

Earlier today, the Supreme Court gave judgment in Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19. It contains an interesting discussion of the distinction between errors of fact and of law, and, I think, provides a further insight (following its decision in R (Cart) v Upper Tribunal [2011] UKSC 28) into the Supreme Court’s approach to administrative law. Continue reading “Jurisdictional error and the law/fact distinction: Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19”