Lewis Graham
@lewisgrahamlaw.bsky.social
Lecturer in Human Rights Law at University of Manchester
Book Review editor, Public Law
Judicial Individuality on the UK Supreme Court is out now: https://www.bloomsbury.com/uk/judicial-individuality-on-the-uk-supreme-court-9781509971114/
Book Review editor, Public Law
Judicial Individuality on the UK Supreme Court is out now: https://www.bloomsbury.com/uk/judicial-individuality-on-the-uk-supreme-court-9781509971114/
Pinned
Lewis Graham
@lewisgrahamlaw.bsky.social
· Jan 31
It’s here! My book, JUDICIAL INDIVIDUALITY ON THE UK SUPREME COURT will be available to buy from next Thursday!
@hartpublishing.bsky.social
@hartpublishing.bsky.social
Reposted by Lewis Graham
So much of the commentary on the FWS judgment has been driven by reflexive responses to the outcome, but there are so many gaps and leaps in its reasoning that it will spawn litigation for years to come - @aoifemod.bsky.social and I flag some failings in judge craft:
nilq.qub.ac.uk/index.php/ni...
nilq.qub.ac.uk/index.php/ni...
December 15, 2025 at 10:02 AM
So much of the commentary on the FWS judgment has been driven by reflexive responses to the outcome, but there are so many gaps and leaps in its reasoning that it will spawn litigation for years to come - @aoifemod.bsky.social and I flag some failings in judge craft:
nilq.qub.ac.uk/index.php/ni...
nilq.qub.ac.uk/index.php/ni...
An interesting decision by Dexter Dias J illustrating the clear distinction between the common law rationality standard on the one hand, and the proportionality standard, as required by the ECHR, on the other (although neither claim succeeds on the facts)
www.bailii.org/ew/cases/EWH...
www.bailii.org/ew/cases/EWH...
Access denied
www.bailii.org
December 11, 2025 at 3:26 PM
An interesting decision by Dexter Dias J illustrating the clear distinction between the common law rationality standard on the one hand, and the proportionality standard, as required by the ECHR, on the other (although neither claim succeeds on the facts)
www.bailii.org/ew/cases/EWH...
www.bailii.org/ew/cases/EWH...
Reposted by Lewis Graham
We are delighted to welcome new members to @publiclaw.bsky.social's editorial committee. From January 2026 we will be joined by Mike Gordon (Liverpool) and Silvia Suteu (@eui-law.bsky.social), with @ymarique.bsky.social (Essex) and @paulfscott.bsky.social (Glasgow) joining from January 2027.
December 11, 2025 at 2:36 PM
We are delighted to welcome new members to @publiclaw.bsky.social's editorial committee. From January 2026 we will be joined by Mike Gordon (Liverpool) and Silvia Suteu (@eui-law.bsky.social), with @ymarique.bsky.social (Essex) and @paulfscott.bsky.social (Glasgow) joining from January 2027.
Tsaava v Georgia [GC]
hudoc.echr.coe.int?i=001-247738
Court: excessive force used against protestors in front of Georgian Parliament
+ a Partial Dissent from the UK’s Judge Tim Eicke who would have found that two applicants lacked “victim status in relation to their complaint under Article 11”.
hudoc.echr.coe.int?i=001-247738
Court: excessive force used against protestors in front of Georgian Parliament
+ a Partial Dissent from the UK’s Judge Tim Eicke who would have found that two applicants lacked “victim status in relation to their complaint under Article 11”.
HUDOC - European Court of Human Rights
The HUDOC database provides access to the case-law of the Court (Grand Chamber, Chamber and Committee judgments and decisions, communicated cases, advisory opinions and legal summaries from the Case-L...
hudoc.echr.coe.int
December 11, 2025 at 10:26 AM
Tsaava v Georgia [GC]
hudoc.echr.coe.int?i=001-247738
Court: excessive force used against protestors in front of Georgian Parliament
+ a Partial Dissent from the UK’s Judge Tim Eicke who would have found that two applicants lacked “victim status in relation to their complaint under Article 11”.
hudoc.echr.coe.int?i=001-247738
Court: excessive force used against protestors in front of Georgian Parliament
+ a Partial Dissent from the UK’s Judge Tim Eicke who would have found that two applicants lacked “victim status in relation to their complaint under Article 11”.
European ministers back ECHR plan to tackle illegal migration (BBC News, 10 December 2025)
www.bbc.co.uk/news/article...
It will be interesting to see what the content, and intended effect, of this "political declaration" will be in time...
www.bbc.co.uk/news/article...
It will be interesting to see what the content, and intended effect, of this "political declaration" will be in time...
Keir Starmer urges European leaders to reform human rights laws to tackle illegal migration
It comes as leaders meet in Strasbourg to discuss a potential shake-up of the European Convention on Human Rights.
www.bbc.co.uk
December 10, 2025 at 2:10 PM
European ministers back ECHR plan to tackle illegal migration (BBC News, 10 December 2025)
www.bbc.co.uk/news/article...
It will be interesting to see what the content, and intended effect, of this "political declaration" will be in time...
www.bbc.co.uk/news/article...
It will be interesting to see what the content, and intended effect, of this "political declaration" will be in time...
Another interesting defence of the common law human rights model here, drawing on Lord Briggs’ speech from last month.
Baxter supports Briggs’ thesis - which champions the common law’s capacity to protect rights in the event of ECHR withdrawal.
It’s eloquently argued, but I disagree.
Baxter supports Briggs’ thesis - which champions the common law’s capacity to protect rights in the event of ECHR withdrawal.
It’s eloquently argued, but I disagree.
Alexander Baxter: Common Law Post-ECHR: What Lord Briggs’ Anniversary Lecture Tells Us ukconstitutionallaw.org/2025/12/09/a...
Alexander Baxter: Common Law Post-ECHR: What Lord Briggs’ Anniversary Lecture Tells Us
Introduction At the 25th Anniversary Conference of the Human Rights Act, Lord Briggs of Westbourne delivered a lecture that quietly advanced a vision of what a post-HRA constitutional framework mig…
ukconstitutionallaw.org
December 9, 2025 at 3:15 PM
Another interesting defence of the common law human rights model here, drawing on Lord Briggs’ speech from last month.
Baxter supports Briggs’ thesis - which champions the common law’s capacity to protect rights in the event of ECHR withdrawal.
It’s eloquently argued, but I disagree.
Baxter supports Briggs’ thesis - which champions the common law’s capacity to protect rights in the event of ECHR withdrawal.
It’s eloquently argued, but I disagree.
Lots to unpack in the Peggie v Fife judgment, and much of it has already been covered on here, but it's useful imo to highlight a single sentence from para 1024: "a protected belief does not give carte blanche to say whatever the person holding those beliefs wishes".
December 8, 2025 at 5:02 PM
Lots to unpack in the Peggie v Fife judgment, and much of it has already been covered on here, but it's useful imo to highlight a single sentence from para 1024: "a protected belief does not give carte blanche to say whatever the person holding those beliefs wishes".
Reposted by Lewis Graham
They’re killing people as a twitter joke. It’s depraved. Can’t let yourself lose the capacity to be appalled and disgusted and outraged by this.
Secretary of Defense Pete Hegseth announces another boat strike in response to a request/wish from Turning Point USA’s Andrew Kolvet.
December 5, 2025 at 2:28 AM
They’re killing people as a twitter joke. It’s depraved. Can’t let yourself lose the capacity to be appalled and disgusted and outraged by this.
One prominent Gender Critical argument is that trans women should not be allowed access to women's toilets because this would violate the Workplace Regulations 1992 and/or Equality Act 2010.
An Employment Tribunal in Scotland has just rejected this: assets.publishing.service.gov.uk/media/69303e...
An Employment Tribunal in Scotland has just rejected this: assets.publishing.service.gov.uk/media/69303e...
assets.publishing.service.gov.uk
December 3, 2025 at 8:59 PM
One prominent Gender Critical argument is that trans women should not be allowed access to women's toilets because this would violate the Workplace Regulations 1992 and/or Equality Act 2010.
An Employment Tribunal in Scotland has just rejected this: assets.publishing.service.gov.uk/media/69303e...
An Employment Tribunal in Scotland has just rejected this: assets.publishing.service.gov.uk/media/69303e...
It would be interesting to see the legal advice being provided to the WI and Girl Guides (and who is providing it).
The Gender Critical lobby are making massive strides in achieving their (stated!) aim of making participation in public life impossible for trans people.
The Gender Critical lobby are making massive strides in achieving their (stated!) aim of making participation in public life impossible for trans people.
December 3, 2025 at 12:47 PM
It would be interesting to see the legal advice being provided to the WI and Girl Guides (and who is providing it).
The Gender Critical lobby are making massive strides in achieving their (stated!) aim of making participation in public life impossible for trans people.
The Gender Critical lobby are making massive strides in achieving their (stated!) aim of making participation in public life impossible for trans people.
Reposted by Lewis Graham
Went to the Battle of Ideas, where speech has been successfully freed but all anyone wants to talk about is Tommy Robinson.
www.lrb.co.uk/blog/2025/de...
www.lrb.co.uk/blog/2025/de...
Morgan Jones | At the Battle of Ideas
In The Impact of Labour, Maurice Cowling wrote that politics in the 1920s was ‘fifty or sixty people’ in tension...
www.lrb.co.uk
December 2, 2025 at 3:45 PM
Went to the Battle of Ideas, where speech has been successfully freed but all anyone wants to talk about is Tommy Robinson.
www.lrb.co.uk/blog/2025/de...
www.lrb.co.uk/blog/2025/de...
The Supreme Court has just refused Epping Forest District Council permission to appeal against the Court of Appeal's findings in the "asylum hotels" case
supremecourt.uk/cases/uksc-2...
supremecourt.uk/cases/uksc-2...
Secretary of State for the Home Department and another (Respondents) v Epping Forest District Council (Appellant) - UK Supreme Court
Did the Court of Appeal err: (i) in joining the Secretary of State for the Home Department to proceedings concerning the accommodation of asylum seekers in a hotel; (ii) in granting an interim injunct...
supremecourt.uk
December 1, 2025 at 3:11 PM
The Supreme Court has just refused Epping Forest District Council permission to appeal against the Court of Appeal's findings in the "asylum hotels" case
supremecourt.uk/cases/uksc-2...
supremecourt.uk/cases/uksc-2...
Reposted by Lewis Graham
From the asylum stats, the initial decision backlog is still going down, but the use of hotels has gone up again. The appeals process is increasingly the new bottleneck in the system, but the Home Office still haven't updated the appeals stats, or their quality of decision making measure.
November 27, 2025 at 11:15 AM
From the asylum stats, the initial decision backlog is still going down, but the use of hotels has gone up again. The appeals process is increasingly the new bottleneck in the system, but the Home Office still haven't updated the appeals stats, or their quality of decision making measure.
Appeal allowed in IA: Upper Tribunal was wrong to find breach of Article 8 ECHR
www.judiciary.uk/judgments/ia...
This is the widely reported case about the Gazan family applying for settlement under the Ukrainian Family Scheme. The Court of Appeal makes no criticism of the choice to use that route
www.judiciary.uk/judgments/ia...
This is the widely reported case about the Gazan family applying for settlement under the Ukrainian Family Scheme. The Court of Appeal makes no criticism of the choice to use that route
IA and others -v- Secretary of State for the Home Department - Courts and Tribunals Judiciary
Appeal No: CA-2025-000713Case Nos: UI-2024-005295, UI-2024-005297, UI-2024-005301, UI-2024-005302, UI-2024-005309, and UI-2024-005311 In the Court of Appeal (Civil Division)on appeal from the Upper Tr...
www.judiciary.uk
November 26, 2025 at 11:14 AM
Appeal allowed in IA: Upper Tribunal was wrong to find breach of Article 8 ECHR
www.judiciary.uk/judgments/ia...
This is the widely reported case about the Gazan family applying for settlement under the Ukrainian Family Scheme. The Court of Appeal makes no criticism of the choice to use that route
www.judiciary.uk/judgments/ia...
This is the widely reported case about the Gazan family applying for settlement under the Ukrainian Family Scheme. The Court of Appeal makes no criticism of the choice to use that route
Reposted by Lewis Graham
Just a jaw-dropping paragraph in Trevor Phillips's column for The Times.
This is a policy that, by his own account, has left parents of a particular race too frightened to walk their children to school.
And that's the example he chooses of the "vigour" we "need".
www.thetimes.com/comment/colu...
This is a policy that, by his own account, has left parents of a particular race too frightened to walk their children to school.
And that's the example he chooses of the "vigour" we "need".
www.thetimes.com/comment/colu...
November 24, 2025 at 10:52 PM
Just a jaw-dropping paragraph in Trevor Phillips's column for The Times.
This is a policy that, by his own account, has left parents of a particular race too frightened to walk their children to school.
And that's the example he chooses of the "vigour" we "need".
www.thetimes.com/comment/colu...
This is a policy that, by his own account, has left parents of a particular race too frightened to walk their children to school.
And that's the example he chooses of the "vigour" we "need".
www.thetimes.com/comment/colu...
An interesting paper on the principle of legality and heightened scrutiny by Lord Sales, engaging with Mark Elliott's blog post on the same @profmarkelliott.bsky.social
supremecourt.uk/uploads/spee...
supremecourt.uk/uploads/spee...
supremecourt.uk
November 21, 2025 at 12:11 PM
An interesting paper on the principle of legality and heightened scrutiny by Lord Sales, engaging with Mark Elliott's blog post on the same @profmarkelliott.bsky.social
supremecourt.uk/uploads/spee...
supremecourt.uk/uploads/spee...
Jwanczuk, Or How I Learned To Stop Worrying and Love SC
My case note on today's decision in Jwanczuk, a particularly illuminating example of the the current Supreme Court's conservative approach to human rights issues.
administrativecourtblog.wordpress.com/2025/11/20/t...
My case note on today's decision in Jwanczuk, a particularly illuminating example of the the current Supreme Court's conservative approach to human rights issues.
administrativecourtblog.wordpress.com/2025/11/20/t...
The Supreme Court, Discrimination and Maximal Deference
This may seem a harsh decision but… the risk of undue interference by the courts in the sphere of political choices made by the legislature in the welfare context can only be avoided if the courts …
administrativecourtblog.wordpress.com
November 20, 2025 at 3:32 PM
Jwanczuk, Or How I Learned To Stop Worrying and Love SC
My case note on today's decision in Jwanczuk, a particularly illuminating example of the the current Supreme Court's conservative approach to human rights issues.
administrativecourtblog.wordpress.com/2025/11/20/t...
My case note on today's decision in Jwanczuk, a particularly illuminating example of the the current Supreme Court's conservative approach to human rights issues.
administrativecourtblog.wordpress.com/2025/11/20/t...
Predictably, the Court allows the appeal, and defers heavily to the choices made by the legislature.
This means that precisely ZERO cases on Art 14 justification have succeeded before appellate courts since the SC case was handed down in 2021.
This means that precisely ZERO cases on Art 14 justification have succeeded before appellate courts since the SC case was handed down in 2021.
Next Thursday, the Supreme Court will hand down R (Jwanczuk) v Secretary of State [2025] UKSC 42
Among other things, the Court will tell us whether the operation of the bereavement support payment scheme set out in the Pensions Act 2014 breaches the Convention.
www.supremecourt.uk/cases/uksc-2...
Among other things, the Court will tell us whether the operation of the bereavement support payment scheme set out in the Pensions Act 2014 breaches the Convention.
www.supremecourt.uk/cases/uksc-2...
R (on the application of Jwanczuk) (Respondent) v Secretary of State for Work and Pensions (Appellant) - UK Supreme Court
This appeal concerns a claim for bereavement support payment (“BSP”). BSP is a non-means-tested contributory benefit, which provides financial help to people whose spouse or partner has died. BSP will...
www.supremecourt.uk
November 20, 2025 at 1:44 PM
Predictably, the Court allows the appeal, and defers heavily to the choices made by the legislature.
This means that precisely ZERO cases on Art 14 justification have succeeded before appellate courts since the SC case was handed down in 2021.
This means that precisely ZERO cases on Art 14 justification have succeeded before appellate courts since the SC case was handed down in 2021.
Reposted by Lewis Graham
With dizzying power imbalances at "prestigious" institutions and frightening levels of precarity for junior scholars, UK academia is rife with these stories:
www.bloomberg.com/news/feature...
www.bloomberg.com/news/feature...
Oxford University Has Failed Women Over Harassment Concerns, Staff Say
The university has repeatedly been slow to act against male academics accused of sexual misconduct and inappropriate behavior, a Bloomberg investigation found.
www.bloomberg.com
November 19, 2025 at 10:49 PM
With dizzying power imbalances at "prestigious" institutions and frightening levels of precarity for junior scholars, UK academia is rife with these stories:
www.bloomberg.com/news/feature...
www.bloomberg.com/news/feature...
Reposted by Lewis Graham
Earlier today the UK Supreme Court decided the provision of religious education in NI was unlawful. Before the inevitable tides of Stormont's (delightful) politics drown us, here's an analysis of that judgment from @colinmurray.bsky.social, @lewisgrahamlaw.bsky.social and I.
JR87: indoctrination and religious education in Northern Ireland (and beyond?) administrativecourtblog.wordpress.com/2025/11/19/j...
JR87: indoctrination and religious education in Northern Ireland (and beyond?)
Introduction On 19 November 2025, the Supreme Court (Lord Reed PSC, Lords Burrows, Hamblen, Lloyd-Jones and Stephens JJSC) handed down judgment in Re JR87 [2025] UKSC 40. This case (involving an ap…
administrativecourtblog.wordpress.com
November 19, 2025 at 3:33 PM
Earlier today the UK Supreme Court decided the provision of religious education in NI was unlawful. Before the inevitable tides of Stormont's (delightful) politics drown us, here's an analysis of that judgment from @colinmurray.bsky.social, @lewisgrahamlaw.bsky.social and I.
Reposted by Lewis Graham
For the bluster, see here. For v many NI politicians a UKSC judgment is only above reproach when dunking on trans people:
m.belfasttelegraph.co.uk/news/educati...
m.belfasttelegraph.co.uk/news/educati...
DUP and TUV react after UK Supreme Court rules religious education in NI schools is unlawful: ‘Deeply disturbing’
A TUV MP has said he is “deeply disturbed” by a court ruling on religious education, as the DUP vows to “stand up for Christian ethos” of NI schools.
m.belfasttelegraph.co.uk
November 19, 2025 at 3:36 PM
For the bluster, see here. For v many NI politicians a UKSC judgment is only above reproach when dunking on trans people:
m.belfasttelegraph.co.uk/news/educati...
m.belfasttelegraph.co.uk/news/educati...
Reposted by Lewis Graham
Amid all of the bluster coming out about the landmark JR87 judgment, here's my account (with @anuragdeb.bsky.social and @lewisgrahamlaw.bsky.social) of this UKSC decision and to the wake up call it poses for religious education in NI:
administrativecourtblog.wordpress.com/2025/11/19/j...
administrativecourtblog.wordpress.com/2025/11/19/j...
JR87: indoctrination and religious education in Northern Ireland (and beyond?)
Introduction On 19 November 2025, the Supreme Court (Lord Reed PSC, Lords Burrows, Hamblen, Lloyd-Jones and Stephens JJSC) handed down judgment in Re JR87 [2025] UKSC 40. This case (involving an ap…
administrativecourtblog.wordpress.com
November 19, 2025 at 3:32 PM
Amid all of the bluster coming out about the landmark JR87 judgment, here's my account (with @anuragdeb.bsky.social and @lewisgrahamlaw.bsky.social) of this UKSC decision and to the wake up call it poses for religious education in NI:
administrativecourtblog.wordpress.com/2025/11/19/j...
administrativecourtblog.wordpress.com/2025/11/19/j...
We're doomed
In the Times, Kathleen Stock invokes Wittgenstein in support of Shabana Mahmood's asylum policies. No, I won't bother linking.
November 19, 2025 at 10:38 AM
We're doomed
www.supremecourt.uk/cases/uksc-2...
Supreme Court ALLOWS JR87’s appeal - the collective worship provisions breached Art 9 and A2P1 ECHR (!)
Supreme Court ALLOWS JR87’s appeal - the collective worship provisions breached Art 9 and A2P1 ECHR (!)
November 19, 2025 at 10:05 AM
www.supremecourt.uk/cases/uksc-2...
Supreme Court ALLOWS JR87’s appeal - the collective worship provisions breached Art 9 and A2P1 ECHR (!)
Supreme Court ALLOWS JR87’s appeal - the collective worship provisions breached Art 9 and A2P1 ECHR (!)
Good post on the available space for reforming article 8 cases in domestic law, featuring an expert demolition of some dubious claims about family life in the Wolfson Report
Kirsty Hughes: Immigration and proposals to amend Article 8 ECHR ukconstitutionallaw.org/2025/11/19/k...
Kirsty Hughes: Immigration and proposals to amend Article 8 ECHR
Backlash against the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 (HRA) is heavily driven by immigration and is often a direct reaction to it. This is not a new phenomen…
ukconstitutionallaw.org
November 19, 2025 at 9:53 AM
Good post on the available space for reforming article 8 cases in domestic law, featuring an expert demolition of some dubious claims about family life in the Wolfson Report