reilly No 2

http://www.bailii.org/ew/cases/EWHC/Admin/2014/2182.html

and I quote:

Conclusions
149.I grant permission to apply for judicial review on all grounds.

150.I conclude that:

a) the Jobseekers (Back to Work Schemes) Act 2013 was incompatible with the Claimants’ rights under Art. 6(1) ECHR;

b) Article 1 of the First Protocol to the ECHR was not engaged.
151.I grant a declaration in the following terms: “It is declared that the Jobseekers (Back to Work) Schemes Act 2013 is incompatible with the Claimants’ rights under Article 6(1) of the European Convention on Human Rights, as given effect by section 1 of the Human Rights Act 1998”.

:-)

If, as the Department concedes, it affects a small group of people then why is it digging its heels in on the important issue of legislative retrospectivity.  Or, is it because it looks embarrassed at acting hastily by enacting legislation while judicial proceedings were still to be concluded?

I would tend to think the latter explanation is more likely, Paul, except that the department does not appear to be easily embarassed.