Sir Brian Leveson admonishes immigration solicitors – Free Movements

‘The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin). The cases are often referred to as Hamid cases, after the first such case, Hamid [2012] EWCA 3070 (Admin).’
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Free Movement, 2nd September 2015

Source: www.freemovement.org.uk

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An Introduction to Judicial Review – Littleton Chambers

Posted August 28th, 2015 in judicial review, news by sally

‘Carol Davis and Eleena Misra look at Judicial Review: what it is, when it is available, the grounds for applying for judicial review and how to apply. ‘

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Littleton Chambers, 3rd August 2015

Source: www.littletonchambers.com

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Chilcot inquiry: families back legal action to speed release of Iraq inquiry – The Guardian

Posted August 28th, 2015 in armed forces, delay, inquiries, Iraq, judicial review, news, reports by sally

‘Lawyers for families who lost relatives in the Iraq war are pushing ahead with legal action aimed at forcing the chair of the inquiry, Sir John Chilcot, to set a timetable for publication of his long-delayed report. The issue could be in court within weeks.’

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The Guardian, 27th August 2015

Source: www.guardian.co.uk

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Regina (West Berkshire District Council and another) v Department for Communities and Local Government – WLR Daily

Posted August 21st, 2015 in consultations, housing, judicial review, law reports, local government, planning by sally

Regina (West Berkshire District Council and another) v Department for Communities and Local Government[2015] EWHC 2222 (Admin); [2015] WLR (D) 367

‘The Government’s decision, announced by way of written ministerial statement and effected by amending National Planning Practice Guidance, to make alterations to the national policy for the provision of affordable housing, was unlawful.’

WLR Daily, 3rd July 2015

Source: www.iclr.co.uk

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Domestic violence victim wins legal action over borough residency requirement – Local Government Lawyer

Posted August 14th, 2015 in domestic violence, families, housing, judicial review, local government, news by tracey

‘A London borough’s revised housing allocations policy was unlawful, a High Court judge has ruled following a judicial review challenge by a victim of domestic violence to the application of a five-year residency requirement.’

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Local Govenment Lawyer, 10th August 2015

Source: www.localgovernmentlawyer.co.uk

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Chilcot inquiry: soldiers’ families threaten legal action over delay – The Guardian

Posted August 13th, 2015 in armed forces, delay, inquiries, Iraq, judicial review, news, reports by sally

‘Families of soldiers killed during the Iraq war have have threatened legal action over the long-awaited Chilcot inquiry into the conflict if the report is not published by the end of the year.’
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The Guardian, 13th August 2015

Source: www.guardian.co.uk

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Successful judicial review of social services age assessment – Free Movement

‘R (on the application of GB by litigation friend, Francesco Jeff) v Oxfordshire County Council (age dispute- relevance of documents) IJR [2015] UKUT 429 (IAC) is an interesting and successful judicial review challenge to an age assessment. My colleague Shu Shin Luh was Counsel, instructed by Scott-Moncrieff & Associates.

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Free Movement, 10th August 2015

Source: www.freemovement.org.uk

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Exotic pet society fails in legal action against council over cancelled event – Local Government Lawyer

Posted August 5th, 2015 in animals, interpretation, judicial review, local government, news by sally

‘A district council has defeated a judicial review challenge over its decision to warn a racecourse owner of “a substantial risk of unlawful activity” taking place at a meeting of private breeders of reptiles and amphibians.’

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Local Government Lawyer, 4th August 2015

Source: www.localgovernmentlawyer.co.uk

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Ingenious film investors lose human rights challenge over upfront tax – The Guardian

‘More than 150 wealthy investors in controversial film investment schemes, which HMRC says amount to tax avoidance, have lost a human rights challenge to new powers tax inspectors have been deploying to demand upfront payments.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Regina (Hunt) v North Somerset Council – WLR Daily

Regina (Hunt) v North Somerset Council [2015] UKSC 51; [2015] WLR (D) 331

‘Where a claimant for judicial review had sought a quashing order but not declaratory relief and the court, having found the defendant to have acted unlawfully, refused the quashing order due to the passage of time, it was not obliged of its own initiative to grant a declaration.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

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Coroners must send bodies for scans rather than autopsies if religion demands they stay intact, High Court rules – The Independent

Posted July 29th, 2015 in coroners, human rights, human tissue, injunctions, judicial review, news by sally

‘Coroners must send bodies for scans or blood tests rather than carry out invasive autopsies if the deceased’s religion demands the corpse must stay intact, the High Court has ruled, in a landmark legal victory for the religious rights of Jews and Muslims.’
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The Independent, 28th July 2015

Source: www.independent.co.uk

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Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

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OUT-LAW.com, 24th July 2015

Source: www.out-law.com

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Slaughterhouse right of appeal JR against FSA unfit meat decisions, fails – Henderson Chambers

Posted July 27th, 2015 in appeals, EC law, food hygiene, judicial review, news by sally

‘In R (on the application of the Association of Independent Meat Suppliers and another) v Food Standards Agency [2015] EWHC 1896 (Admin), Simon J sitting in the Admin Court (judgment 2.7.15) has found that neither the governing EU Regulations, nor the EU Charter nor the European Convention (A1P1) required the Food Standards Authority to afford any right of appeal to the owners of an expensive bull carcase found, at the slaughterhouse, to be unfit for human consumption and thus disposed of as worthless animal by-product.’

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Henderson Chambers, 2nd July 2015

Source: www.hendersonchambers.co.uk

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Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills – NIPC Law

Posted July 24th, 2015 in artistic works, copyright, judicial review, news by sally

‘On 16 July 2015 my heads of chambers, Tim Straker QC and Robert Griffiths QC together with my colleagues, Richard Clayton QC, Charles Morgan, Christopher Forsyth and Lee Parkhill presented our chambers annual judicial review conference. By all accounts it was a great success.’

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NIPC Law, 20th July 2015

Source: www.nipclaw.blogspot.co.uk

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High court to rule on MPs’ claim that data retention act damages privacy – The Guardian

‘High court judges will give their decision on Friday on an accusation that the government has imposed laws which allow the police and security services to “spy on citizens” without proper safeguards.’

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The Guardian, 17th July 2015

Source: www.guardian.co.uk

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Regina (Cornwall Council and another) v Secretary of State for Health – WLR Daily

Regina (Cornwall Council and another) v Secretary of State for Health: [2015] UKSC 46; [2015] WLR (D) 298

‘In determining the ordinary residence of an adult, who lacked mental capacity to choose where to live, it was incorrect to apply a test that by reason of such incapacity he was in the same position as a small child and that his ordinary residence was that of his parents because that was his base.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

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OUT-LAW.com, 9th July 2015

Source: www.out-law.com

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Judge quashes cut in community care provision for man with learning difficulties – Local Government Lawyer

‘A High Court judge has quashed a council’s decision to reduce the community care provision for a 23-year-old man with learning and communication difficulties.’

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Local Government Lawyer, 2nd July 2015

Source: www.localgovernmentlawyer.co.uk

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Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims – Competition Bulletin from Blackstone Chambers

Posted July 3rd, 2015 in copyright, EC law, judicial review, news, proportionality, state aids by tracey

‘On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow “private copying” exception to the Copyright, Designs and Patents Act 1988 (the “CDPA 1988”). The decision is of interest to EU and competition lawyers for two reasons: (1) its examination of the standard of review in public law cases with an EU law dimension and also (2) its analysis of the state aid issues which were raised.’

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Competition Bulletin from Blackstone Chambers, 2nd July 2015

Source: www.competitionbulletin.com

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Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

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