Telha Arshad

Firm/Organization: Hogan Lovells

Blogs: Focus on Regulation, Global Media and Communications Watch

Latest Articles

Online Harms White Paper: UK Government publishes its consultation response

By Peter Watts, Penny Thornton & Telha Arshad

February 13, 2020

The UK Government Department for Culture, Media and Sports (DCMS) has today published its initial response to the public consultation on the Online Harms White Paper, published in April 2019. In its response, DCMS gives an indication of how it plans to adapt the proposed regulatory framework to take account of some of the concerns raised by industry stakeholders, including the fact that is it minded to make Ofcom the new regulator and that…

Focus on Regulation

Unfit to remit: First-Tier Tribunal must make its own decision on whether information relating to Blairs’ post-office appointments must be disclosed

By Christy Rush & Telha Arshad

March 26, 2018

In relation to a Freedom of Information Act 2000 (FOIA) request for details of Tony Blair’s private appointments after his tenure as Prime Minister, the Upper Tribunal (“UT”) has confirmed that the First-Tier Tribunal (“FTT”) cannot remit a decision to the Information Commissioner for fresh consideration. The UT was also critical of the FTT’s approach to assessing the application of the exemption in s. 36 FOIA (prejudice to the effective conduct of public affairs). Background…

Focus on Regulation

House of Lords Committee critical of “unacceptably wide” powers in the Withdrawal Bill

By Julia Marlow, Telha Arshad & Louis Biggs

October 4, 2017

The House of Lords Delegated Powers and Regulatory Reform Committee has published a report on the European Union (Withdrawal) Bill which sets out its concerns on the “unfettered discretion” and “excessively wide legislative powers” given to Ministers by the Bill. The report is particularly critical of the so-called Henry VIII powers granted to Government by clauses 7-9 and 17 of the Bill. Read more here.…

Focus on Regulation

Agreeing how to disagree: Brexit, future EU-UK agreements and the need for an umpire

By Charles Brasted, Andrew Eaton & Telha Arshad

March 8, 2017

What good is a cricket game without an umpire? We explore potential options for dispute resolution in the future UK-EU trading relationship. Read the full blog here. …

Focus on Regulation

Statutory Instruments: The House of Commons holds all the cards

By Oliver Travers & Telha Arshad

December 19, 2016

On 1 December 2016, the Government published its response to the Strathclyde Review, the inquiry ordered by the then Prime Minister, David Cameron, following the Government’s tax credits defeat in the House of Lords last year. That defeat brought into question the relationship between the House of Commons and the House of Lords, and the ability of the Lords to block Statutory Instruments (“SIs“) (a form of secondary legislation) approved by the Commons. It also…

Focus on Regulation

DRIPA Struck Down by High Court in Judicial Review Challenge

By Julia Marlow & Telha Arshad

July 24, 2015

On 17 July 2015, the High Court declared the operative provision of the Data Retention and Investigatory Powers Act 2014 (“DRIPA“) to be inconsistent with EU law, in response to a judicial review claim brought by Conservative MP David Davis and Labour MP Tom Watson (R (Davis & Watson) v Secretary of State for the Home Department [2015] EWHC 2092 (Admin)). DRIPA was introduced by the coalition government last year, following a judgment…

Focus on Regulation

The Separation of Powers: where to draw the line on judicial engagement with the Government

By Andrew Eaton & Telha Arshad

June 16, 2015

The independence of the judiciary and the separation of powers are fundamental principles of constitutional government intended to ensure that the proper functioning of each of the separate branches of state (the executive, legislature and the judiciary) acts as a check and balance against the exercise of power by the other branches. How this doctrine functions in practice in the UK has been the subject of considerable reform in the past decade and has recently…

Focus on Regulation

Separating myth from manifesto: The General Election and the Future of UK Human Rights Law

By Dervla Simm & Telha Arshad

April 30, 2015

With the General Election now just days away, and with current polls pointing towards either a Labour or Conservative-led Coalition Government, this blog explores the two main parties’ differing visions for UK human rights law and how the landscape of human rights law may look different after 7 May. Conservatives In October 2014, the Conservative Party published a paper (the “Strategy Paper“) setting out its future vision for a British Bill of Rights. Their…

Focus on Regulation

Clarifying the duty to have regard

By Julia Marlow & Telha Arshad

April 30, 2015

The High Court has found that the duty “to have regard to” guidance requires that guidance to be taken into account, and for there to be “clear” reasons for any departure from it, but that it does not go so far as to require a “compelling justification” for a departure. The recent case of R (on the application of London Oratory School Governors) v Schools Adjudicator [2015] EWHC 1012 (Admin) related to admissions criteria that…

Telha Arshad

Online Harms White Paper: UK Government publishes its consultation response

Unfit to remit: First-Tier Tribunal must make its own decision on whether information relating to Blairs’ post-office appointments must be disclosed

House of Lords Committee critical of “unacceptably wide” powers in the Withdrawal Bill

Agreeing how to disagree: Brexit, future EU-UK agreements and the need for an umpire

Statutory Instruments: The House of Commons holds all the cards

DRIPA Struck Down by High Court in Judicial Review Challenge

The Separation of Powers: where to draw the line on judicial engagement with the Government

Separating myth from manifesto: The General Election and the Future of UK Human Rights Law

Clarifying the duty to have regard

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