R (Reilly (No. 2)) v Secretary of State for Work and Pensions [2016] EWCA Civ 413

Court: Court of Appeal

Facts: Before the Supreme Court heard Reilly (No.1), Parliament passed the Jobseekers (Back to Work Schemes) Act 2013, retrospectively validating the 2011 Regulations and sanctions imposed. The claimants argued that this Act interfered with ongoing legal proceedings and violated Article 6(1) of the ECHR.

Issue: Whether the retrospective legislation interfered with the judicial process and violated the right to a fair trial under Article 6(1) of the ECHR.

Held: The Court of Appeal held that the 2013 Act violated Article 6(1) by retrospectively deciding thousands of pending cases in favour of the government.

Key Judicial Statement: "It is prima facie contrary to the rule of law for the state to interfere in ongoing legal proceedings to influence the outcome in its favour." —[Underhill LJ]

💡 Leveluplaw: Government interventions in ongoing legal proceedings through retrospective legislation can violate the right to a fair trial, protected under Article 6(1) of the ECHR.

Previous
Previous

R v Transport Secretary, ex parte Factortame Ltd (No 1) [1990] 2 AC 85

Next
Next

Edwards (Inspector of Taxes) v Bairstow [1956] AC 14