Some time ago, I was critical of a decision of the Court of Appeal for England and Wales that permitted the executive to fetter the prerogative. I had missed the Supreme Court’s endorsement of this analysis last summer: R. (Sandiford) v. Foreign and Commonwealth Secretary, [2014] UKSC 44. Lord Carnwath and Lord Mance put the […] Read more

Felix Frankfurter once described jurisdiction as “a verbal coat of too many colours”. Exhibit #4579009 is Fraser Health Authority v. Workers’ Compensation Appeal Tribunal, 2014 BCCA 499, which features three sets of reasons on tribunals’ authority to reopen closed decisions (though the concurring reasons of Goepel J.A. contain mostly a brief treatment of the merits […] Read more