Court of Appeal

The Times: DPG case confirms that government ministers are required to comply with international law

DPG Partners Sue Willman and Daniel Carey write in the Times today that a claim brought by our client the Gulf Center for Human Rights in 2018 clarified the government’s position on whether ministers are required to comply with international law.

The government successfully defended that challenge – to amendments to the Ministerial Code – on the basis that in its current form the Ministerial Code does require ministers to comply with international law. This has clear implications for the current debate in relation to the Internal Market Bill which, on ministers’ own admission, will breach international law. Sue and Dan conclude that ministers are in breach of the Ministerial Code given the clear explanation the government gave to the Court of Appeal.

A copy of the government’s skeleton argument in the case is here. The relevant paragraphs are 6 & 7.

The Court of Appeal’s judgment is here

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