A1P1 and public policy: compensation for not fishing? – UK Human Rights Blog

‘An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation will be granted when an interference with Article 1 Protocol 1 is found.’

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UK Human Rights Blog, 22nd June 2016

Source: www.ukhumanrightsblog.com

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EU referendum: Voter registration extension could face legal challenge – Daily Telegraph

Posted June 9th, 2016 in EC law, internet, judicial review, news, referendums, time limits by sally

‘The EU referendum could face a legal challenge after the deadline for voter registration was extended by 48 hours when a Government website crashed.’

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Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

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NHS watchdog to weigh cost of HIV prevention drug Prep – BBC News

‘The NHS watchdog NICE has been asked by government to look at the cost of providing an HIV prevention treatment known as Prep.’

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BBC News, 7th June 2016

Source: www.bbc.co.uk

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Successful challenge to OFSTED nursery inspection – Education Blog

‘There is a rare example of a successful challenge to an OFSTED nursery inspection in R ota Old Co-operative Day Nursery Ltd v OFSTED [2016] EWHC 1126, handed down last week, which can be found here.’

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Education Blog, 1st June 2016

Source: www.education11kbw.com

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Spitalfields Trust Ltd lose judicial review claim – OUT-LAW.com

Posted May 27th, 2016 in judicial review, local government, London, news, planning by tracey

‘The High Court has rejected Spitalfields Historic Trust Ltd’s judicial review claim against a planning permission decision by previous London mayor Boris Johnson.’

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OUT-LAW.com, 26th May 2016

Source: www.out-law.com

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Censorship or justified Concern? – UK Human Rights Blog

‘Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. She held that the University had lawfully withdrawn its permission to hold the conference in April 2015, and refused permission to challenge the University’s subsequent decision to require the conference organisers to meet the conference’s security costs as a condition of allowing the conference to take place at a later date. The conference organisers had claimed that both decisions represented an unlawful interference with their Article 10 right to free expression and Article 11 right to free assembly.’

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UK Human Rights Blog, 24th May 2016

Source: www.ukhumanrightsblog.com

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A judge-shaming list is bad for justice – The Guardian

‘Judges shouldn’t be frightened to set precedents. A list of those that have “gone too far” – including over a Guardian freedom of information request on the Prince of Wales’s letters – risks deterring justice.’

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The Guardian, 12th May 2016

Source: www.guardian.co.uk

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Court of Appeal upholds rejection of bid to register rights of common – Local Government Lawyer

Posted May 11th, 2016 in animals, appeals, commons, judicial review, local government, news, notification by sally

‘A county council has successfully defended in the Court of Appeal its decision to refuse an application to register rights of common under the Commons Act 2006.’

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Local Government Lawyer, 10th May 2016

Source: www.localgovernmentlawyer.co.uk

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Questions and Answers – Nearly Legal

‘A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided.’

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Nearly Legal, 8th May 2016

Source: www.nearlylegal.co.uk

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UK courts adopt contrasting approaches to appeals against HSE inspection notices – OUT-LAW.com

Posted May 6th, 2016 in appeals, health & safety, judicial review, news, Scotland by tracey

‘Tribunals are entitled to take into account information that was not available to a health and safety inspector at the time that a notice was issued when hearing an appeal against that notice, the Scottish appeal court has ruled.’

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OUT-LAW.com, 4th May 2016

Source: www.out-law.com

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Refugee held illegally after Home Office refused to believe he was 16 – The Guardian

‘Call for investigation into case of Syrian boy who was locked up for almost a month despite having documents proving identity.’

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The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Israel boycott ban: Local councils face legal action at High Court over boycott on Israeli goods made in West Bank – The Independent

‘Local councils are facing legal action at the High Court today over their decisions to impose boycotts on Israeli goods produced in “illegal” Israeli settlements in the West Bank.’

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The Independent, 4th May 2016

Source: www.independent.co.uk

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UK government faces second court battle over air pollution plans – The Guardian

‘The UK government is to be sued in the high court over its air pollution plans, just a year after losing at the supreme court and being ordered to fulfil its legal duty to cut pollution rapidly.’

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The Guardian, 28th April 2016

Source: www.guardian.co.uk

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Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) – WLR Daily

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) [2016] EWHC 773 (Admin)

‘The claimants brought public law claims in the courts of the United Kingdom arising out of the British military involvement in Iraq between 2003 and 2009. The claims involved allegations of ill-treatment and in some cases unlawful killing, of Iraqi civilians by British soldiers. By their claims for judicial review the claimants sought court orders requiring the Secretary of State to investigate alleged human rights violations. Issues arose relating to the UK’s obligations under articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, including (i) the nature and scope of the state’s substantive obligation under article 2 of the Convention in relation to the use of lethal force while seeking to quell riots and uphold law and order during the occupation of Iraq, (ii) when the investigative duty under article 2 arose in such circumstances and (iii) the effect of delay on the investigative duties under articles 2 and 3 where the allegations of breach of the substantive rights were made many years after the incidents in question.’

WLR Daily, 7th April 2016

Source: www.iclr.co.uk

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Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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You’ve lost that loving Ealing (Sorry) – Nearly Legal

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

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Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

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Regina (Hallam) v Secretary of State for Justice; Regina (Nealon) v Same – WLR Daily

Posted April 20th, 2016 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Hallam) v Secretary of State for Justice; Regina (Nealon) v Same [2016] EWCA Civ 355

‘Both claimants were convicted of serious criminal offences and had their initial appeals against conviction dismissed. In the first case the Criminal Cases Review Commission referred the claimant’s conviction for murder to the Court of Appeal (Criminal Division), which quashed it on the basis the safety of the conviction was undermined by the unsatisfactory nature of identification evidence and doubts as to whether the claimant’s alibi had been falsely made. In the second case the commission referred the claimant’s conviction for attempted rape to the Court of Appeal, which quashed it on the basis that the weakness of identification evidence and fresh DNA evidence taken from the victim’s clothing had had a substantial effect on the safety of the conviction. In both cases the Secretary of State refused the claimant compensation, under section 133 of the Criminal Justice Act 1988, as amended, on the basis that he had failed to show beyond reasonable doubt that the claimant had not committed the offence. The claimants’ claims for judicial review of the Secretary of State’s decisions, on the grounds that section 133(1ZA) of the 1988 Act (inserted by section 175 of the Anti-social Behaviour, Crime and Policing Act 2014 and providing that there has been a miscarriage of justice in relation to a person convicted of a criminal offence “if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence”) was incompatible with article 6.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in that it infringed the presumption of innocence, were dismissed by the Divisional Court of the Queen’s Bench Division which held that (i) the court was bound by authority of the Supreme Court (and also of the Court of Appeal) to hold that article 6.2 of the Convention was not applicable to compensation decisions made under section 133 of the 1988 Act; and (ii) the statutory scheme under section 133 maintained the presumption of innocence, did not require the applicant for compensation to prove his innocence and that only if the Secretary of State was satisfied that the new fact conclusively showed his innocence was compensation to be paid. The court also refused the claimant in the second case permission to proceed with a claim for judicial review on the basis that the Secretary of State was obliged to carry out a full review of the material before him in a particular case to determine whether the claimant was innocent.’

WLR Daily, 11th April 2016

Source: www.iclr.co.uk

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Regina (Harris and another) v Broads Authority – WLR Daily

Posted April 20th, 2016 in environmental protection, judicial review, news, parks by sally

‘The Broads comprised over 300 square kilometres of wetland landscapes in east Norfolk and Suffolk. The Broads Authority (“the authority”) was constituted under the Norfolk and Suffolk Broads Act 1988 and had a general duty to manage the Broads. The authority was also the local planning authority for the area and a harbour and navigation authority. However, the Broads was not a National Park designated under the National Parks and Access to the Countryside Act 1949, nor was the authority a National Park Authority under that statute. In January 2015 the authority passed a resolution by which it decided that the brand “Broads National Park” be adopted for marketing related purposes. The claimant sought judicial review of that decision on the ground, inter alia, that unless it conformed to the “Sandiford principle” it should not hold itself out as a National Park. That principle, set out in para 2.15 of the Report of the National Park Policies Review Committee 1974, stated that the preservation and enhancement of natural beauty should take precedence to the promotion of public enjoyment. An issue arose as to whether a public body which in law was not a National Park, could represent itself (and allow itself to be represented) as a National Park and thereby to enjoy the benefits of National Park status despite the fact that the public body had decided to cease to seek to become a National Park, inter alia, because it did not wish to be subject to the legal duties imposed on National Parks and National Park Authorities.’

Regina (Harris and another) v Broads Authority [2016] EWHC 799 (Admin)

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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Council wins judicial review over advice given to Greggs under Primary Authority – Local Government Lawyer

Posted April 13th, 2016 in interpretation, judicial review, news by sally

‘A High Court judge has upheld Hull City Council’s judicial review claim over advice given by Newcastle City Council to Greggs under the ‘Primary Authority’ scheme.’

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Local Government Lawyer, 12th April 2016

Source: www.localgovernmentlawyer.co.uk

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