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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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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House of Lords rejects government plans to restrict judicial review access – The Guardian

Posted December 10th, 2014 in bills, judicial review, news, parliament by sally

‘A rebellion in the House of Lords has inflicted a second defeat on the government’s plans to restrict access to judicial review challenges.’

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The Guardian, 9th December 2014

Source: www.guardian.co.uk

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“We’re all in this together”, says incoming Bar Council Chairman in Inaugural Address – The Bar Council

Posted December 10th, 2014 in barristers, budgets, fees, judicial review, legal aid, news by sally

‘Incoming Chairman of the Bar Council, Alistair MacDonald QC, has pledged he will “continue the excellent work” started by predecessors Maura McGowan QC and outgoing Chairman, Nicholas Lavender QC, in preventing further cuts to legal aid, in order to defend a “proud and independent profession”.’

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The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

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Couple launch challenge to heterosexual ban on Civil Partnerships – UK Human Rights Blog

‘The future of civil partnerships is again in the news. In October, Rebecca Steinfeld and Charles Keidan tried to register a Civil Partnership at Chelsea Town Hall but were rebuffed on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. Their lawyer, Louise Whitfield of Deighton Pierce Glynn Solicitors has announced their intention to seek a judicial review and the couple have also started a petition.’

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UK Human Rights Blog, 9th December 2014

Source: www.ukhumanrightsblog.com

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Merseyside dangerous dog raids: Police acted ‘unlawfully’ – BBC News

Posted December 10th, 2014 in compensation, dogs, judicial review, news, police by sally

‘A police crackdown that saw 22 dangerous dogs rounded up and destroyed across Merseyside was “unlawful”, a court has ruled.’

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BBC News, 9th December 2014

Source: www.bbc.co.uk

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Peers continue JR resistance as Grayling admits misinforming MPs about changes – Litigation Futures

Posted December 10th, 2014 in bills, costs, judicial review, judiciary, news, parliament by sally

‘The House of Lords yesterday reinstated two of the three amendments it previously passed on the government’s judicial review reforms as it emerged that Lord Chancellor Chris Grayling had given MPs incorrect information over a key aspect of them last week.’

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Litigation Futures, 10th December 2014

Source: www.litigationfutures.com

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Judicial Review: Common sense and the separation of powers – The Bar Council

Posted December 9th, 2014 in barristers, judicial review, news by sally

‘Just one day before the Lords vote on Government attempts to restrict judicial review, Bar Council Chairman Nicholas Lavender explains why the Lord Chancellor cannot be the judge in his own case.’

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The Bar Council, 8th December 2014

Source: www.barcouncil.org.uk

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Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London – WLR Daily

Posted December 8th, 2014 in environmental protection, health & safety, judicial review, London, news, water by sally

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London [2014] EWHC 3868 (Admin); [2014] WLR (D) 517

‘The purpose of the Reservoirs Act 1975 was not to mitigate the effect of water escape from large raised reservoirs but rather to prevent such escape and to avert the potential danger to persons and property from an escape.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

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Probation contracts awarded to private organisations – BBC News

‘Private contracts to run probation services monitoring low and medium risk offenders have been awarded by Justice Secretary Chris Grayling.’

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BBC News, 5th December 2014

Source: www.bbc.co.uk

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Mother loses action over decision by ombudsman not to investigate records loss – Local Government Lawyer

Posted December 5th, 2014 in hospitals, judicial review, medical records, news, ombudsmen by sally

‘The mother of a woman who died as an inpatient at a London hospital has lost a High Court challenge against the Parliamentary and Health Services Ombudsman (PHSO) over its refusal to investigate the loss of her daughter’s medical records.’

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Local Government Lawyer, 4th December 2014

Source: www.localgovernmentlawyer.co.uk

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Couple launch legal challenge against ban on heterosexual civil partnerships – The Guardian

‘Rebecca Steinfeld and Charles Keidan launch judicial review after trying to hold ceremony at town hall and being turned away.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

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Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog

‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’

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UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

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Music bodies launch legal challenge against new UK private copying rules – OUT-LAW.com

Posted November 28th, 2014 in artistic works, compensation, copyright, EC law, judicial review, licensing, news by sally

‘A number of UK music industry bodies have launched a legal challenge against newly introduced UK rules that enable consumers to make private copies of lawfully acquired copyrighted material without be held as copyright infringers.’

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OUT-LAW.com, 27th November 2014

Source: www.out-law.com

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