Originally posted on kittysjones:
High Court grants declaration of incompatibility of primary legislation with the right to a fair trial after damning assessment of the Department of Work and Pensions’ interference in ongoing cases.
In a detailed and critical decision, Mrs Justice Lang considered a challenge brought by Caitlin Reilly and Daniel Hewstone against the 2013 Act following a “series of misjudgments by the DWP” (at [109]). In a previous case, brought by Public Interest Lawyers on Ms Reilly’s behalf, the Court of Appeal had ruled that the regulations introducing back-to-work schemes (the 2011 Regulations) – and sanctions for failing to take part in or meet requirements of the schemes – were unlawful and should be quashed (see the press release here).Following a challenge to emergency, retrospective legislation introduced to remedy mistakes made by the DWP in its ‘Back to Work’…
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