"Tawdry allegations" that "titillate and entertain"

The Max Mosley case - and privacy law more generally - has been one of the highest profile legal stories in the media in recent months. As is well known, on 30 March 2008 the News of the World published an article headlined "F1 boss has sick Nazi orgy with 5 hookers", accompanied by photographs taken from a clandestine video recording made by one of the participants, extracts from which were made available on the newspaper's website. Mr Mosley denied any connection with Nazism. He sued the publisher for damages for misuse of private information. Eady J found that there was no Nazi theme or other public interest justification for publication, and awarded damages of £60,000: see [2008] EWHC 1777 (QB). Read on

Should the proportionality test decide who is entitled to vote in the United Kingdom?

The debate over whether convicted prisoners should have the vote reaches its height this autumn. The European Court of Human Rights has ordered the UK, by 11 October 2011, to amend the Representation of the People Act 1983 so that the current ban is made "Convention compliant": see Greens v UK (23 November 2010). But what does the Convention really require? Read on

The new tribunal system and the reach of judicial review

The Tribunals, Courts and Enforcement Act 2007 radically altered the framework of tribunal justice in the United Kingdom, consolidating a diverse range of existing tribunals within a single integrated structure. The new structure consists of a First-tier Tribunal and an Upper Tribunal, each organised into chambers according to subject matter and each consisting of judges and other non-lawyer members. The Upper Tribunal is in some cases a tribunal of first instance and in others hears appeals on points of law from the First-tier Tribunal. If certain conditions are met, the Upper Tribunal also exercises a statutory jurisdiction which is the equivalent of the judicial review jurisdiction of the High Court. It is designated a "superior court of record" and is typically presided over by a High Court judge. Read on

Case Notes

This was a challenge by cigarette machine manufacturers to the legality of the ban on the continued use of cigarette machines. The case raised and determined fundamental questions about the intensity of the proportionality test required by EU law when testing the legality of Regulations made pursuant to a confined public law power and about the demands (if any) of consistent action and the use of the least intrusive means. Dinah Rose QC and Brian Kennelly acted for Sinclair Collis, and Tom de la Mare and Iain Steele for NACMO

The ECJ is due to rule on whether a Member State must observe the rights set out in the Charter of Fundamental Rights when removing a third-country asylum seeker to Greece - and, of wider significance, whether and how the Charter is qualified by the United Kingdom's Protocol (No. 30). When it was first agreed, the Government treated Protocol No. 30 as an "opt-out", and Cranston J in the High Court in NS ruled that its effect was to prevent the Charter from having direct effect as against the UK, but the Government in the Court of Appeal "accepted" that he was incorrect. The ECJ has been asked to rule on what, if any, interpretative value it has. Dinah Rose QC acted for NS.

News

Blackstone Chambers has won The Lawyer Chambers of the Year 2011. The salutation said: "Consistently involved in the most groundbreaking, high-profile and significant cases of the year, Blackstone Chambers has achieved standards of excellence in terms of service and expertise while offering a supportive and cohesive culture for members of Chambers and staff alike".

The members of Blackstone Chambers are delighted to be able to congratulate Jeffrey Jowell QC on the announcement (11th June 2011) of his receipt of a KCMG for services to human rights, democracy and the rule of law in Europe. Jeffrey is a leading authority on public, constitutional and administrative law and until recently has been the UK member of the Venice Commission, the Council of Europe's advisory body on constitutional matters. In October 2010 he was appointed the inaugural Director of the Bingham Centre for the Rule of Law and now combines his work there with his practice in Chambers.