Domestic violence challenge on legal aid fails – Law Society’s Gazette

‘The High Court has rejected a challenge to the legality of government changes to legal aid for victims of domestic violence.’

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Law Society’s Gazette, 22nd January 2015

Source: www.lawgazette.co.uk

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Court of Appeal: BSB official “blind to any sense of fairness” in disciplinary prosecution – Legal Futures

‘The Court of Appeal has criticised in the strongest language the behaviour of an official at the Bar Standards Board (BSB) responsible for “subverting the rules” on disclosure.’

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Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk

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Judgment reserved on criminal legal aid reforms – Law Society’s Gazette

‘Delivering judgment on the lord chancellor’s controversial criminal legal aid reforms by the end of the month will be a ‘pretty tall order’, senior judges have said at the end of a three-day hearing in the High Court.’

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Law Society’s Gazette, 20th January 2015

Source: www.lawgazette.co.uk

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Grayling’s legal aid reforms ‘irrational’, Law Society argues – Law Society’s Gazette

Posted January 16th, 2015 in contracts, judicial review, Law Society, legal aid, news, tenders by sally

‘The lord chancellor’s decision to start a tender process for legal aid crime duty contracts is unlawful because it is “irrational”, “disproportionate” and based on a “manifest error”, the Law Society will argue in the High Court.’

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Law Society’s Gazette, 15th January 2015

Source: www.lawgazette.co.uk

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Plans to restrict judicial review face further concessions – The Guardian

Posted January 14th, 2015 in bills, disciplinary procedures, human rights, judicial review, news by tracey

‘Justice secretary backs down to avoid third Lords defeat over bill which would make it harder to challenge government decisions.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

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Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note – Garden Court Chambers Blog

‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’

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Garden Court Chambers Blog, 6th January 2015

Source: www.gclaw.wordpress.com

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Is the Cart-threshold being set too high? – Garden Court Chambers Blog

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

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Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

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Free Movement, 7th January 2015

Source: www.freemovement.org.uk

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1, 2, 3, 4, 5, 6, 7, 10 – NearlyLegal

‘This was a judicial review of LB Enfield’s plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements.’

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NearlyLegal, 3rd January 2014

Source: www.nearlylegal.co.uk

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High Court judge quashes decision by council to shut village school – Local Government Lawyer

Posted January 5th, 2015 in consultations, education, judicial review, local government, news, Wales by sally

‘A High Court judge has quashed a Welsh council’s decision to close a village school and merge it with a nearby primary school.’

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Local Government Lawyer, 5th January 2015

Source: www.localgovernmentlawyer.co.uk

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“Good news” for employers as High Court rejects second tribunal fee judicial review – OUT-LAW.com

Posted December 19th, 2014 in employment tribunals, fees, judicial review, news, trade unions by sally

‘The High Court has dismissed a second judicial review application by the trade union UNISON against the recent introduction of employment tribunal fees. Lord Justice Elias said that the union had not been able to provide evidence of “any actual instances” of individuals that had been prevented from making a claim by the introduction of fees.’

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OUT-LAW.com, 18th December 2014

Source: www.out-law.com

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Employment Tribunal Fees: The evidential ‘hot potato’ to be heard by Court of Appeal – UK Human Rights Blog

Posted December 19th, 2014 in employment tribunals, fees, judicial review, news by sally

‘The Divisional Court (Lord Justice Elias and Mr Justice Foskett) has dismissed Unison’s second-generation attempt to challenge by judicial review the legality of the Employment Tribunal fees system but gave permission to appeal to the Court of Appeal. The “striking” reduction in claims (79 per cent fewer) presented to Employment Tribunals, Lord Justice Elias accepted, was evidence that the system was “extremely onerous” for people in the position of the hypothetical claimants construed by Unison in their legal argument but “not so burdensome as to render the right illusory” (paragraph 53).’

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UK Human Rights Blog, 18th December 2014

Source: www.ukhumanrightsblog.com

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Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) – WLR Daily

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) [2014] EWCA Civ 1651 ; [2014] WLR (D) 541

‘Informal visits by the police officers to a registered sex offender’s home seeking entry by consent were in accordance with the law. The scheme for the protection of vulnerable persons from sex offenders as a whole was not disproportionate.’

WLR Daily, 18th December 2014

Source: www.iclr.co.uk

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Judicial Review: Case Update – No. 5 Chambers

Posted December 18th, 2014 in costs, dispute resolution, judicial review, news by sally

‘In this paper, I will review two cases from earlier this year. The first case discusses the issue of costs and what may be considered to be an unreasonable refusal to engage in Alternative Dispute Resolution ( ADR) or not. The second case examines the scope and implications of an order that an application for permission to judicial review is totally without merit.’

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No. 5 Chambers, 15th December 2014

Source: www.no5.com

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Access To Justice Effective Remedy And Rule Of Law: The Adequacy Of Judicial Review – No. 5 Chambers

‘The ideal judge is a supremely intelligent woman. She is especially empathetic. She has limitless expertise in every field and infinite patience. We can trust her to do right. She is perfect justice. Lets place her on a pedestal.’

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No. 5 Chambers, 16th December 2014

Source: www.no5.com

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Jehovah’s Witnesses, and judicial review being a last resort – UK Human Rights Blog

Posted December 18th, 2014 in charities, data protection, human rights, judicial review, news, proportionality by sally

‘Judicial review is an excellent and flexible remedy, filling the gaps when statutory and other appeals do not provide a remedy for unlawful administrative acts or omissions.’

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UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

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QASA barristers in last throw of the dice with appeal to Supreme Court – Legal Futures

‘Four criminal law barristers have appealed to the Supreme Court in their judicial review of the Quality Assurance Scheme for Advocates (QASA) – despite a costs bill which already totals £215,000, Legal Futures can reveal.’

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Legal Futures, 17th December 2014

Source: www.legalfutures.co.uk

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Learning difficulties assessments – High Ct judgment – Education Law Blog

‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’

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Education Law Blog, 16th December 2014

Source: www.education11kbw.com

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Conscious Re-coupling and Succession – Nearly Legal

‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.

Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’

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Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk/blog/

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Judicial reviews: a decision that’s best left to judges – The Guardian

‘The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.’

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The Guardian, 10th December 2014

Source: www.guardian.co.uk

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