Publication of new practitioners’ text on Artificial Intelligence and Public Law

Brendan McGurk KC and Professor Joe Tomlinson of the University of York have published their new practitioners’ text on Artificial Intelligence and Public law. The Government’s use of algorithmic-based decision-making is rapidly expanding across many policy areas, including immigration, social security, regulation, security and policing. This book provides the first comprehensive analysis of how public law applies to the use of artificial intelligence and automation in the public sector in England and Wales.

Starting with an accessible account of the nature of AI and the automated systems being increasingly deployed in the public sector, the book covers the various legal regimes which regulate their use. It considers how the principles of judicial review might be deployed to challenge automated decision-making by public authorities. It also explains how equality law, human rights law, procurement law, data protection law and private law apply to government use of AI and automation. This book is a vital guide for practitioners in both private practice and government, and for anyone navigating this quickly changing, complex and uncertain environment.

Holger Hestermeyer – written evidence for the House of Lords International Agreements Committee

Holger Hestermeyer together with with Alex Horne have written a submission for the House of Lords International Agreements Committee’s inquiry on the review of treaty scrutiny.

This joint submission to the International Agreements Committee is based upon a research project undertaken by the authors for the Centre for Inclusive Trade Policy which concluded in 2024.1 It considered the role of Parliament in scrutinising international agreements and proposed several ideas for reform. Both authors have practical experience of the issue having recently worked for the UK Parliament undertaking treaty scrutiny.

To read full submission please click here.

Nicholas Khan KC on Global Competition Review (GCR)

Nicholas Khan KC has left the European Commission after two decades to join Monckton Chambers.

Khan joined the set today, after reaching the commission’s mandatory retirement age in September. He said Monckton Chambers is very good for the lawyer like himself who has been immersed in EU law for many years.

To read full article please click here.

Azeem Suterwalla and Will Perry co-author public law and procurement law chapter of the Second Edition of the ‘Law of Artificial Intelligence’

Azeem Suterwalla and Will Perry have co-authored the public law and procurement law chapter of the Second Edition of the ‘Law of Artificial Intelligence’, which is published by Sweet & Maxwell. The chapter considers the increasing use by public authorities of AI, including commercial reasons to innovate with emerging technologies. The chapter covers the current relevant legal and regulatory framework and guidance for public authorities in England and Wales. It also identifies recent proposals for changes to that framework. It is hoped that this chapter will be relevant and informative to public authorities and those delivering public functions using AI, and also to private organisations seeking to supply to the public sector. The chapter will also be useful to parties who wish to carefully scrutinise the decisions of public authorities, including in the context of judicial review and public procurement proceedings.

Professor Carl Baudenbacher has testified before the Committee for Economic Affairs and Taxes of the National Council (the Grand Chamber) of the Swiss Parliament

Professor Carl Baudenbacher has on 12 February 2024 testified before the Committee for Economic Affairs and Taxes of the National Council (the Grand Chamber) of the Swiss Parliament on whether Switzerland should in future accept the dispute settlement model of the Association Agreements of the EU with the former Soviet republics of Georgia, Moldova, Ukraine and Armenia. This model, which is based on a pro forma arbitration tribunal that must request a binding judgment from the ECJ if EU law is “implied”, was also discussed in the UK during the Brexit years. It is part of the Withdrawal Agreement, but was ultimately rejected for the TCA. However, the UK has left the single market, while the Swiss government wants to keep its country in the single market.

Carl Baudenbacher’s written paper can be found here.

Holger Hestermeyer – The Times podcast “Stories of our Times” – South Africa’s genocide case against Israel

Three months into the war in Gaza, the conflict has reached a courtroom: the International Court of Justice in the Hague. South Africa says we are witnessing a genocide take place in real time. Israel has called the claims ‘preposterous’. A leading expert in international law Holger Hestermeyer walks us through the case and its possible consequences.

To listen full podcast please click here.