To me – To you – Nearly Legal

Posted January 16th, 2017 in homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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City council wrongly decided child was not in need, High Court judge rules – Local Government Lawyer

Posted January 16th, 2017 in children, housing, judges, judicial review, local government, news by sally

‘Birmingham City Council acted wrongly when it decided that a child was not in need of accommodation in its area because his mother had recently left the London Borough of Bromley.’

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Local Government Lawyer, 13th January 2017

Source: www.localgovernmentlawyer.co.uk

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Corpse-eating Staffordshire bull terrier gets execution reprieve – BBC News

Posted January 11th, 2017 in dogs, judicial review, news by sally

‘A dog sentenced to death after eating his owner’s body has been given a stay of execution after a judge granted a judicial review.’

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BBC News, 10th January 2017

Source: www.bbc.co.uk

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Terminally ill man who fears becoming ‘entombed’ in his body asks judges to let him die in the first case of its kind in three years – Daily Telegraph

Posted January 9th, 2017 in assisted suicide, human rights, judicial review, news by sally

‘A terminally ill man who fears becoming “entombed” in his body has asked judges to let him die in the first case of its kind in three years.’

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Daily Telegraph, 6th January 2017

Source: www.telegraph.co.uk

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Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

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Theresa May faces new Brexit legal challenge – Daily Telegraph

Posted December 12th, 2016 in constitutional law, EC law, judicial review, news, Supreme Court, treaties, veto by sally

‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’

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Daily Telegraph, 11th December 2016

Source: www.telegraph.co.uk

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UK government faces legal challenge over single market – The Guardian

Posted November 28th, 2016 in EC law, judicial review, markets, news, referendums by tracey

‘Theresa May’s government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit. Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

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When the court should look over the shoulder of a decision-maker – UK Human Rights Blog

Posted November 25th, 2016 in EC law, environmental protection, judicial review, news, pollution by tracey

‘R (ClientEarth No.2) v Secretary of State for Environment, Food & Rural Affairs, Garnham J, 21 November 2016. A quick follow-up ruling to the judgment of 2 November (here) in which the UK’s air pollution plans under EU and domestic laws were found wanting by the Administrative Court. The pollutant was nitrogen dioxide – a major product of vehicle exhaust fumes.’

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UK Human Rights Blog, 23rd November 2016

Source: www.ukhumanrightsblog.com

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Challenges to Heathrow runway and HS2 to be hit by law lifting cap on legal costs – The Guardian

Posted November 18th, 2016 in airports, costs, environmental protection, judicial review, news by sally

‘Environmental legal challenges face being hit by the “chilling effect” of new government rules that remove a cap on claimants’ costs, according to campaigners, lawyers and politicians.’

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The Guardian, 17th November 2016

Source: www.guardian.co.uk

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Sarah Nason: Justice Outside London? An Update on ‘Regional’ Judicial Review – UK Constitutional Law Association

Posted November 17th, 2016 in Administrative Court, constitutional law, courts, judicial review, news by sally

‘In April 2009 Administrative Courts were established in Birmingham, Cardiff, Leeds and Manchester to deal with judicial review claims and other aspects of the Administrative Court’s jurisdiction. An important aim of this reform was to improve access to justice by ensuring that public law claims are issued and heard at the most appropriate location. In this post I consider some recent data relevant to whether the ‘regional’ Courts are continuing to achieve this aim in 2016.’

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UK Constitutional Law Association, 16th November 2016

Source: www.ukconstitutionallaw.org

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Regina (Drax Power Ltd and another) v HM Treasury and another – WLR Daily

Regina (Drax Power Ltd and another) v HM Treasury and another [2016] EWCA Civ 1030

‘The claimants who were renewable source electricity generators brought proceedings for judicial review challenging the decision of the Government, announced in the Budget statement on 8 July 2015 and to take effect on 1 August 2015, to remove the exemption for renewable source electricity (“RSE”) from the Climate Change Levy (“CCL”), an environmental tax levied on electricity, gas, solid fuels and liquefied petroleum gas supplied to business and the public sector. Use by domestic consumers was excluded from the CCL. Article 15 of Council Directive 2003/96/EC permitted member states to apply exemptions or reductions in tax to electricity of renewable origin, and article 3 of the Parliament and Council Directive 2009/28/EC obliged them to ensure by 2020 at least 15% of all energy came from renewable sources. The removal of the exemption was provided in section 49 of the Finance (No 2) Act 2015, amending paragraph 19 of Schedule 6 to the Finance Act 2000. The judge dismissed the claimants’ claim for judicial review, holding that (1) the exemption fell within the scope of European Union law; (2) the claimants had failed to establish an express or inferred assurance that the Government had promoted a legitimate expectation not to withdraw the RSE exemption, that there was no basis for the contention that there had to be a two-year time limit for any withdrawal and that a prudent and circumspect operator should not have inferred that the exemption would not be removed without such a time limit; and (3) on the evidence the exemption’s removal had been justified in the public interest and, notwithstanding its evident harm to the claimants’ private interests and right to property in the form of concluded contracts to supply companies, came within the appropriate margin of discretion.’

WLR Daily, 21st October 2016

Source: www.iclr.co.uk

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HMRC press briefing in film tax case breached confidentiality duty, says Supreme Court – OUT-LAW.com

”Off the record’ comments made by former HM Revenue and Customs (HMRC) permanent secretary for tax Dave Hartnett to journalists at The Times in 2012 breached the duty of confidentiality owed to taxpayers by the department, the UK’s highest court has ruled.’

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OUT-LAW.com, 20th October 2016

Source: www.out-law.com

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Mandatory order to stop bribery investigation? – UK Human Rights Blog

Posted October 14th, 2016 in bribery, fraud, human rights, judicial review, news, oil wells, prosecutions by sally

‘Soma are investing heavily ($40m spent on seismic work) in looking at oil and gas extraction in Somalia, so it was a bit of a set-back, to say the least, when their “capacity-building” efforts – funding infrastructure in the relevant Ministry – were alleged to fall under the Bribery Act 2010, and this led to a fraud investigation by the UK SFO. The investigations, as investigations do, dragged on, and Soma brought these, somewhat ambitious, proceedings to get an order telling the SFO to stop them.’

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UK Human Rights Blog, 13th October 2016

Source: www.ukhumanrightsblog.com

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Cherie Booth: Challenge to buy-to-let tax ‘not over yet’ despite judicial review failure – Daily Telegraph

Posted October 7th, 2016 in interest, judicial review, mortgages, news, taxation by tracey

‘Campaigners led by Cherie Booth QC said that they would continue their fight against the changes to taxation of buy-to-let income after their application to launch a judicial review of the new law was turned down.’

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Daily Telegraph, 7th October 2016

Source: www.telegraph.co.uk

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High Court rejects solicitor’s bid to judicially review Bar Standards Board – Legal Futures

Posted September 30th, 2016 in barristers, complaints, disciplinary procedures, judicial review, news by tracey

‘A solicitor who made multiple complaints against two barristers who acted for the claimant in litigation in which he was a defendant, has failed in an application to judicially review the Bar Standards Board’s (BSB) decision to dismiss the complaints.’

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Legal Futures, 29th September 2016

Source: www.litigationfutures.com

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G4S equality helpline contract raises serious concern, high court told – The Guardian

‘Awarding global security firm G4S the contract to run a national discrimination helpline raises “serious and legitimate grounds for concern” and risks undermining the service’s credibility, the high court has been told. A judicial review challenge supported by human rights groups and the Law Centres Network has called on the government to delay transferring operation of the Equality Advisory and Support Service (EASS) to G4S.’

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The Guardian, 29th September 2016

Source: www.guardian.co.uk

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Safeguarding education (Pt 1) – New Law Journal

Posted September 28th, 2016 in education, inquiries, judicial review, legal aid, news by sally

‘In the first of a special series of articles, John Ford shares his concerns about the future of the education system.’

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New Law Journal, 15th September 2016

Source: www.newlawjournal.co.uk

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CJC accuses government of “unprincipled” move over judicial review costs transparency – Litigation Futures

‘Ministry of Justice (MoJ) plans to require judicial review claimants to share details of how their action is being funded with the defendant and other parties is “a fundamentally unprincipled breach of the principle of equality of arms”, the Civil Justice Council (CJC) has claimed.’

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Litigation Futures, 21st September 2016

Source: www.litigationfutures.co.uk

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Uber wins right to challenge driver English tests – BBC News

Posted September 2nd, 2016 in examinations, judicial review, licensing, news, taxis, transport by sally

‘Uber has won the right to take Transport for London (TfL) to court over new rules that would force its drivers to pass English tests.’

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BBC News, 2nd September 2016

Source: www.bbc.co.uk

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Third-party JR funders must be allowed anonymity – Law Society’s Gazette

Posted August 26th, 2016 in anonymity, judicial review, news, third parties by sally

‘Third-party funders in judicial review proceedings should be identified to defendants only in exceptional circumstances, the Law Society has said in response to government plans to require anyone contributing more than £3,000 to declare their identities.’

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Law Society’s Gazette, 25th August 2016

Source: www.lawgazette.co.uk

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