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

Posted February 1st, 2016 in citizenship, families, Islam, judicial review, law reports, public interest, terrorism by tracey

Regina (MM) v Secretary of State for the Home Department: [2015] EWHC 3513 (Admin); [2015] WLR (D) 503

‘The Secretary of State for the Home Department had no discretion to refuse citizenship by naturalisation under section 6(1) of the British Nationality Act 1981 in order to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

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Appeal court rules bedroom tax discriminatory in two cases – The Guardian

‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’

Full story

The Guardian, 27th January 2016

Source: www.guardian.co.uk

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District council defeats judicial review challenge over neighbourhood plan – Local Government Lawyer

Posted January 26th, 2016 in judicial review, local government, news, planning, referendums by sally

‘Chichester District Council has successfully defended a judicial review challenge to a neighbourhood plan.’
Full story

Local Government Lawyer, 26th January 2016

Source: www.localgovernmentlawyer.co.uk

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High Court upholds Pensions Regulator’s approach to auto-enrolment of peripatetic workers – OUT-LAW.com

Posted January 18th, 2016 in contracts, employment, judicial review, news, pensions by tracey

‘The eligibility of peripatetic workers for automatic enrolment onto workplace pension schemes in Great Britain depends on where the worker is based and not on what is set out in the worker’s contract, the High Court has said.’

Full story

OUT-LAW.com, 15th January 2016

Source: www.out-law.com

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Legal aid crackdown to protect troops from being sued – Daily Telegraph

‘ Human rights lawyers who have brought thousands of war crimes cases against British troops will see their taxpayer-funded legal aid cut, in a new assault on “ambulance chasing” law firms. David Cameron has ordered a crackdown after becoming “very concerned” at the boom in compensation claims and investigations against soldiers over incidents in Iraq and Afghanistan.’

Full story

Daily Telegraph, 16th January 2016

Source: www.telegraph.co.uk

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Regina (Cruelty Free International) v Secretary of State for the Home Department – WLR Daily

Regina (Cruelty Free International) v Secretary of State for the Home Department [2015] EWHC 3631 (Admin); [2015] WLR (D) 556

‘Nothing in section 18(2) or (2A) of the Animals (Scientific Procedures) Act 1986 required the Secretary of State or someone acting under delegated authority to wait for an inspector’s report before taking any decision against the licence holder.’

WLR Daily, 14th December 2016

Source: www.iclr.co.uk

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Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

Full story

UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

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Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) – WLR Daily

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) [2015] EWHC 3584 (Admin); [2015] WLR (D) 548

‘The place, manner and form of a protest may be important in determining whether there has been an infringement of a protester’s rights to freedom of expression and assembly, but were not necessarily so.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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Regina (Sienkiewicz) v South Somerset District Council – WLR Daily

Regina (Sienkiewicz) v South Somerset District Council [2015] EWHC 3704 (Admin); [2015] WLR (D) 553

‘The defendant local planning authority did not have a duty to give reasons for distinguishing other relevant planning decisions which were said to be inconsistent with its present decision to grant planning permission for a development.’

WLR Daily, 17th December 2015

Source: www.iclr.co.uk

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Discretion, lip service and s188(3) – Nearly Legal

Posted December 21st, 2015 in homelessness, housing, judicial review, local government, news by sally

‘We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review.’

Full story

Nearly Legal, 19th December 2015

Source: www.nearlylegal.co.uk

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Speed Medical to appeal after High Court backs MoJ on MedCo – Litigation Futures

Posted December 11th, 2015 in expert witnesses, judicial review, news, personal injuries, road traffic by tracey

‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’

Full story

Litigation Futures, 11th December 2015

Source: www.litigationfutures.com

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Court of Appeal highlights ‘real prospect of success’ of accelerated payment notice judicial review – OUT-LAW.com

‘Investors in the Ingenious Media film partnership schemes have been granted the right to appeal the High Court’s dismissal of their challenge to HM Revenue and Customs (HMRC), which had required up-front payment of disputed tax.’

Full story

OUT-LAW.com, 3rd December 2015

Source: www.out-law.com

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Upper Tribunal continues to refuse to enforce procedure rules against Home Office – Free Movement

Posted December 4th, 2015 in costs, government departments, immigration, judicial review, news by tracey

‘In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend their position but (2) the Home Office can.’

Full story

Free Movement, 2nd December 2015

Source: www.freemovement.org.uk

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Regina (HS and others) v South Cheshire Magistrates’ Court and another; Regina (MU and another)North Cheshire Magistrates’ Court; Regina (AM)South Cheshire Magistrates’ Court and another – WLR Daily

Posted December 4th, 2015 in judicial review, law reports, search & seizure, warrants by tracey

Regina (HS and others) v South Cheshire Magistrates’ Court and another: Regina (MU and another)North Cheshire Magistrates’ Court: Regina (AM)South Cheshire Magistrates’ Court and another: Regina (HS and others)Crown Court at Manchester and another: [2015] EWHC 3415 (Admin); [2015] WLR (D) 500

‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’

WLR Daily, 30th November 2015

Source: www.iclr.co.uk

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Speech by Lord Dyson: Is Judicial Review a Threat to Democracy? – Courts and Tribunals Judiciary

Posted December 3rd, 2015 in civil justice, judicial review, proportionality, speeches by tracey

‘Speech by Rt Hon Lord Dyson, Master of the Rolls at The Sultan Azlan Shah Lecture.’

Full speech

Courts and Tribunals Judiciary, 2nd December 2015

Source: www.judiciary.gov.uk

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When to call it a day… – Nearly Legal

Posted December 2nd, 2015 in asylum, health, housing, immigration, judicial review, news, pre-action conduct by sally

‘The risks of a client deciding to go it alone at the last stage of judicial review proceedings.’

Full story

Nearly Legal, 30th November 2015

Source: www.nearlylegal.co.uk

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Stonehenge druid King Arthur resurrects remains battle – BBC News

Posted December 2nd, 2015 in burials and cremation, interpretation, judicial review, monuments, news by sally

‘A senior druid has vowed to seek a judicial review over a government decision allowing ancient human remains from Stonehenge to be kept in a museum.’

Full story

BBC News, 2nd December 2015

Source: www.bbc.co.uk

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Austerity and Public Law: Richard Clayton QC: Accountability, Judicial Scrutiny and Contracting Out – UK Constitutional Law Association

‘Austerity Britain is shrinking the public sector and accelerating the process of contracting out services. However, the legal protections contracting out gives to service users are piecemeal and inadequate, raising very real concerns about how findings of unlawfulness are to be addressed.’

Full story

UK Constitutional Law Association, 30th November 2015

Source: www.ukconstitutionallaw.org

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Judicial review pushes back crime contracts to April – Legal Voice

‘The Ministry of Justice announced on Friday that the introduction of duty provider contracts will be pushed back from January to April 1 next year. Only the previous week, the MOJ continued to insist that despite the threat of legal challenges, the new duty provider contracts would come into force from 01 January 2016.’

Full story

Legal Voice, 16th November 2015

Source: www.legalvoice.org.uk

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