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Judicial Review
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Michael is frequently instructed in judicial review applications, especially on behalf of public sector workers and the police (including police pensions and police disciplinary matters). He has drafted applications to and appeared in the European Court of Human Rights. On behalf of Justice he lectured government departments on the impact of the Human Rights Act 1998. His notable cases in this area include:
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ASLEF v. United Kingdom [2007] IRLR 361, European Court of Human Rights: the Court held that UK law, prohibiting ASLEF from expelling BNP members, was in breach of Article 11 of the Convention. As a result of the judgment, the government is to amend s.174 of TULRCA 1992.
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Steel, Lush and others v. United Kingdom (1999) 28 EHRR 603, European Court of Human Rights: the Court held that breach of the peace was not compatible with the Convention in the context of peaceful protests. Michael was instructed by Liberty.
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R (Stunt) v. Mallet [2001] ICR 989, CA: the leading authority on the meaning of execution of duty for the purpose of the Police Pensions Regulations.
Michael's publications in this area include:
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