INDEX

Public law

The Opportunity to Constrain Interveners Could be a Step Towards Depoliticising our Courts (January 2022)

The Judicial Review Bill – Job done? - published by Politeia (July 2021)

The Prorogation – Lawful but Unconstitutional - a view prior to the judgments in Miller II, published by the Society of Conservative Lawyers (September 2019)

Ombudsmen who are an Affront to the Rule of Law - at the Professional Negligence Bar Association on the Financial Ombudsman Service and the Legal Ombudsman (January 2011)

Human Rights

Any Role to play in UK Law? – the EU Charter of Fundamental Rights - published by Politeia (August 2019)

Trying to Keep the Charter is Senseless - published by the Society of Conservative Lawyers (November 2017) 

Should We Be Wary of Judicial Activism? - at the Battle of Ideas (October 2014)

“An International Bill of the Rights of Man”: Where Next? - talk at a seminar at University College London to mark the new edition of Hersch Lauterpacht’s classic book (October 2013)

Democracy Must Prevail: a Call for a conservative Intellectual Revival in Law and Human Rights - published by the Society of Conservative Lawyers (January 2013) 

Mechanisms of a UK Bill of Rights - paper in my name in the report of the Government Commission on a UK Bill of Rights (December 2012)

Devolution Options - how and why a UK Bill of Rights can be enacted without the consent of the devolved legislatures:  paper in my name in the report of the Government Commission on a UK Bill of Rights (December 2012)

An Aspect of Strasbourg Court Reform - the scope for interpretations by the Council of Europe’s Committee of Ministers:  paper in my name in the report of the Government Commission on a UK Bill of Rights (December 2012)

Europe

Why and How the UK should be part of the European Judicial Area (September 2021)

Address to students of the Konrad Adenauer Stiftung (March 2021)

The Legal Case for Re-joining EFTA (September 2018) - with Oliver Jackson

The E.U. Charter of Fundamental Rights: Genesis, Unexpected Application, and Brexit Options - talk to the Law of Society of Scotland in Glasgow (February  2017)

Brexit:  Acquired Rights - evidence to the House of Lords Select Committee on the EU, Justice Sub-committee 
- oral evidence on 1st November 2016: transcript 
- written evidence

The CJEU takes Citizenship into the Realm of the Unknown - on Home Secretary v CS, published by the Judicial Power Project (September 2016) 

Defining the Boundary Between European and National Law - with Stephen Hockman QC, a proposal for legislation:  we drafted this in the run-up to the EU referendum to show how an element of David Cameron’s “renegotiation prospectus”, which he never pursued, could, in fact, have been unilaterally implemented by the UK  (June 2016)

Themes for discussion with Judge Bonichot - this paper outlined cases decided by the European Court of Justice which raised concern; it was presented to Judge Jean-Claude Bonichot, the French judge on the ECJ at a private seminar (April 2015)

Coronavirus

Contact Tracing:  the Legal and Ethical Issues - co-authored with Iain Munro and Anna Hoffmann, published by 4 Pump Court (June 2020)

Covid19 Contact Tracing: How should the policy proceed? - published by Politeia (May 2020)

The Law and the Lockdown - published by Politeia (April 2020)

Pardonable in the Heat of Crisis but We Must Urgently Return to the Rule of Law - with Lord Sandhurst QC, published by the Society of Conservative Lawyers (April 2020)

Devolution

Our Quasi-Federal Kingdom - rapporteur to Society of Conservative Lawyers working party (June 2014)

The Union and Devolution - rapporteur for evidence submitted by the Society of Conservative Lawyers to House of Lords inquiry (October 2015)

Devolution and Human Rights - talk to Federal Union conference in Edinburgh (June 2012)

Administration of Justice

Reforming Legal Aid - the Next Steps - published by Politeia (April 2022)

No place for Oral Hearings in the Appointment of Supreme Court Justices - contribution to Society of Conservative Lawyers collection of pieces (March 2020)

Big Society Thinking on Access to Civil Justice - on a Contingent Legal Aid Fund and other ideas (February 2011)

Data Protection

Data Retention, National Security and the ECJ: the Continuing Saga - on Home Secretary v Watson in the Court of Appeal, published by the Judicial Power Project (February 2018)

Charter reach extended, national security hampered, EU competence exceeded - on Tele2Sverige and Watson in the European Court of Justice, published by the Judicial Power Project (January 2017)

Construction Law

S&T v Grove - The Case for the Appellant in the Society of Construction Law mock trial (January 2020)

Where stands the law of limitation after the Government's abandonment of plans for reform? - address to the Society of Construction Law (December 2009) 

Concurrent Causation Confusion (September 2008)

Financial Services

Restoring the Rule of Law to Financial Services Compensation - with Peter Hamilton, evidence to HM Treasury consultation (March 2011)

All the known grounds for Judicial Review against the Financial Ombudsman Service (July 2008)

Miscellaneous

Lincoln Crawford obituary - published in The Guardian (August 2020)

A Lament at the Bar Standards Board - on the vacuous explanations of the BSB (January 2018)