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Papers by Thom Dyke

Judicial Review, 2018

Between 2010 and 2018 there were over 50 judicial reviews brought in respect of search warrants. ... more Between 2010 and 2018 there were over 50 judicial reviews brought in respect of search warrants. This has been attributed to the perception that applications for warrants are seen as “…in essence matters of routine, in effect requiring no more than a rubber stamp of approval from the courts”. The spate of cases shows no sign of abating. High-profile cases have captured the attention of the media. The 2014 search of Sir Cliff Richard’s house resulted in a very public admission of liability and payment of £400,000 in damages by South Yorkshire Police, in addition to subsequent litigation in which the BBC was found liable for breach of privacy. The first case considered by the UK Supreme Court in 2018 addressed the issue of what evidence in support of a search warrant may be relied upon by a court when it cannot be disclosed to the person on grounds of public interest immunity (“PII”).

In June 2018 the Law Commission launched a public consultation into the need for a thorough overhaul of the law relating to search warrants.It remains to be seen whether a government pre-occupied by the process of Brexit will have sufficient energy and inclination to take steps to enact the recommendations of the Law Commission.In July 2018, the Information Commissioner’s Office (“ICO”) used the opportunity, after imposing a £500,000 fine on Facebook in respect of data breaches arising from the Cambridge Analytica scandal, to call for sweeping new powers of entry, which were duly granted under Schedule 15 of the Data Protection Act 2018.It seems likely that issues relating to search warrants are likely to continue to vex the courts for the foreseeable future. This paper aims to provide some assistance to practitioners seeking to navigate these uncertain waters.

Judicial Review, 2017

Recent years have seen a quiet revolution take place in public law challenges to decisions of pub... more Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010.

Judicial Review, Jan 1, 2011

An examination of public law challenges to UK government policy of austerity and retrenchment, lo... more An examination of public law challenges to UK government policy of austerity and retrenchment, looking at which approaches have led to successful judicial review claims and what the future holds.

Judicial Review, Jan 1, 2009

This article provides practitioners with a guide to the domestic case law relating to Article 11,... more This article provides practitioners with a guide to the domestic case law relating to Article 11, in the wake of the Human Rights Act 1998. It will be necessary to deal first with some general principles of interpretation, before turning to a descriptive analysis of the case law concerning assembly and association. From this, it will be possible to draw a number of conclusions as to how Art. 11 arguments may be most effectively raised and deployed in practice. In particular, arguments around proving proportionality will be explored as an escape route from the strong pro-state bias of Art. 11.

Book Reviews by Thom Dyke

Judicial Review, 2016

Nobody could accuse Lord Sumption of ducking the big issues. They certainly don’t get much bigger... more Nobody could accuse Lord Sumption of ducking the big issues. They certainly don’t get much bigger than those he addressed in the 27th Sultan Azlan Shah Lecture, given in Kuala Lumpur, on 20 November 2013. His paper, entitled “The Limits of Law”, sought nothing less than a redefinition of the boundary between the legal and the political. Given the fondness Lord Sumption has demonstrated for ambitious overarching historical narrative, with his ever-expanding history of the Hundred Years War, perhaps this should not come as a surprise. Public law academics responded to the issues raised in Lord Sumption’s lecture at a conference held in Oxford in October 2014. The various contributions to the debate, together with a response from Lord Sumption, have now been collected in a new book, entitled Lord Sumption and the Limits of the Law.

Public Law, 2017

Review of 'Access to Justice: Beyond the Policies and Politics of Austerity'.

Judicial Review, 2009

Review of 'The New British Constitution' by Vernon Bogdanor.

Review of 'Tom Bingham and the Transformation of the Law' and 'The Rule of Law'.

Judicial Review, 2018

Between 2010 and 2018 there were over 50 judicial reviews brought in respect of search warrants. ... more Between 2010 and 2018 there were over 50 judicial reviews brought in respect of search warrants. This has been attributed to the perception that applications for warrants are seen as “…in essence matters of routine, in effect requiring no more than a rubber stamp of approval from the courts”. The spate of cases shows no sign of abating. High-profile cases have captured the attention of the media. The 2014 search of Sir Cliff Richard’s house resulted in a very public admission of liability and payment of £400,000 in damages by South Yorkshire Police, in addition to subsequent litigation in which the BBC was found liable for breach of privacy. The first case considered by the UK Supreme Court in 2018 addressed the issue of what evidence in support of a search warrant may be relied upon by a court when it cannot be disclosed to the person on grounds of public interest immunity (“PII”).

In June 2018 the Law Commission launched a public consultation into the need for a thorough overhaul of the law relating to search warrants.It remains to be seen whether a government pre-occupied by the process of Brexit will have sufficient energy and inclination to take steps to enact the recommendations of the Law Commission.In July 2018, the Information Commissioner’s Office (“ICO”) used the opportunity, after imposing a £500,000 fine on Facebook in respect of data breaches arising from the Cambridge Analytica scandal, to call for sweeping new powers of entry, which were duly granted under Schedule 15 of the Data Protection Act 2018.It seems likely that issues relating to search warrants are likely to continue to vex the courts for the foreseeable future. This paper aims to provide some assistance to practitioners seeking to navigate these uncertain waters.

Judicial Review, 2017

Recent years have seen a quiet revolution take place in public law challenges to decisions of pub... more Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010.

Judicial Review, Jan 1, 2011

An examination of public law challenges to UK government policy of austerity and retrenchment, lo... more An examination of public law challenges to UK government policy of austerity and retrenchment, looking at which approaches have led to successful judicial review claims and what the future holds.

Judicial Review, Jan 1, 2009

This article provides practitioners with a guide to the domestic case law relating to Article 11,... more This article provides practitioners with a guide to the domestic case law relating to Article 11, in the wake of the Human Rights Act 1998. It will be necessary to deal first with some general principles of interpretation, before turning to a descriptive analysis of the case law concerning assembly and association. From this, it will be possible to draw a number of conclusions as to how Art. 11 arguments may be most effectively raised and deployed in practice. In particular, arguments around proving proportionality will be explored as an escape route from the strong pro-state bias of Art. 11.

Judicial Review, 2016

Nobody could accuse Lord Sumption of ducking the big issues. They certainly don’t get much bigger... more Nobody could accuse Lord Sumption of ducking the big issues. They certainly don’t get much bigger than those he addressed in the 27th Sultan Azlan Shah Lecture, given in Kuala Lumpur, on 20 November 2013. His paper, entitled “The Limits of Law”, sought nothing less than a redefinition of the boundary between the legal and the political. Given the fondness Lord Sumption has demonstrated for ambitious overarching historical narrative, with his ever-expanding history of the Hundred Years War, perhaps this should not come as a surprise. Public law academics responded to the issues raised in Lord Sumption’s lecture at a conference held in Oxford in October 2014. The various contributions to the debate, together with a response from Lord Sumption, have now been collected in a new book, entitled Lord Sumption and the Limits of the Law.

Public Law, 2017

Review of 'Access to Justice: Beyond the Policies and Politics of Austerity'.

Judicial Review, 2009

Review of 'The New British Constitution' by Vernon Bogdanor.

Review of 'Tom Bingham and the Transformation of the Law' and 'The Rule of Law'.