Removal of subsidy for spare room not unlawful – UK Human Rights Blog

Posted October 31st, 2014 in benefits, children, housing, human rights, judicial review, news, residence orders by sally

‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

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Judicial reviews against government up 92% since 2010 – Law Society’s Gazette

Posted October 30th, 2014 in government departments, judicial review, news, statistics by sally

‘The number of judicial reviews involving government departments has almost doubled since 2010, the government has revealed.’

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Law Society’s Gazette, 29th October 2014

Source: www.lawgazette.co.uk

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Three strikes and out? Major defeats for Government Judicial Review reform plans in the Lords – UK Human Rights Blog

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘Last night saw the important Report Stage consideration of Part 4 of the Criminal Justice and Courts Bill in the House of Lords. Angela Patrick, Director of Human Rights Policy at JUSTICE provides a summary.’

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UK Human Rights Blog, 28th October 2014

Source: www.ukhumanrightsblog.com

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House of Lords votes against Grayling’s plans to restrict judicial review access – The Guardian

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘The justice secretary, Chris Grayling, has suffered a defeat in a key House of Lords vote on his plans to curtail access to judicial review, which would have made it harder to challenge government decisions in court.’

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The Guardian, 27th October 2014

Source: www.guardian.co.uk

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Six months on bail – for being sent spoof video of a ‘tiger’ having sex, that was really a man in a tiger suit – The Independent

‘A bus driver wrongly accused of owning a film of a woman having sex with a tiger is trying to change the law on extreme pornography after a 14-month campaign to clear his name.’

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The Independent, 26th October 2014

Source: www.independent.co.uk

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High Court judge rejects challenge to withdrawal of wheelchair bus service – Local Government Lawyer

‘A city council has successfully defended a High Court challenge to its decision to withdraw a wheelchair bus service.’

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Local Government Lawyer, 23rd October 2014

Source: www.localgovernmentlawyer.co.uk

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UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

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Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others – WLR Daily

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others [2014] EWHC 3343 (Admin); [2014] WLR (D) 431

‘A conclusion of lawful killing made by a coroner’s court meant that a death was recognised as one that would amount to the crime of murder, manslaughter or infanticide but for the presence of an additional factor which justified it.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

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Professional bodies unite to attack “chilling effect” of judicial review reforms – Local Government Lawyer

‘The Bar Council, the Law Society and the Chartered Institute of Legal Executives have urged peers to amend the judicial review provisions in the Criminal Justice and Courts Bill, saying the measures would have a “chilling effect”.’

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Local Government Lawyer, 20th October 2014

Source: www.localgovernmentlawyer.co.uk

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High Court rejects legal challenge against reforms to remote gambling regime – OUT-LAW.com

‘A legal challenge against UK government plans to reform remote gambling regulation and licensing in Great Britain has failed.’

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OUT-LAW.com, 10th October 2014

Source: www.out-law.com

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Challenge on inquests legal aid – Law Society’s Gazette

Posted October 13th, 2014 in inquests, judicial review, legal aid, legal representation, news by sally

‘The High Court has given permission for a judicial review of the government’s policy on legal aid funding for inquests. Mrs Justice Andrews (pictured) last week allowed the challenge against the lord chancellor’s guidance on inquest funding.’

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Law Society’s Gazette, 13th October 2014

Source: www.lawgazette.co.uk

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Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

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The Independent, 12th October 2014

Source: www.independent.co.uk

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QASA ruling: barristers ‘should not only be independent but competent’ – LegalVoice

Posted October 10th, 2014 in advocacy, appeals, barristers, judicial review, Legal Services Board, news by sally

‘The Court of Appeal has unanimously rejected the appeal of criminal barristers arguing that QASA (the Quality Assurance Scheme for Advocates) was unlawful. It was argued that the scheme compromised the independence of advocates and that the decision on the part of the Legal Services Board (LSB) to approve it was unlawful. All grounds were quashed and implementation is now due to take place some eight years after the original proposals were tabled.’

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LegalVoice, 9th October 2014

Source: www.legalvoice.org.uk

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Court of Appeal dismisses legal challenge to quality assurance scheme for advocates (QASA) – Bar Standards Board

‘An appeal against the High Court’s decision to dismiss a judicial review of the Quality Assurance Scheme for Advocates (QASA) has today been rejected, on all grounds, by the Court of Appeal.’

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Bar Standards Board, 7th October 2014

Source: www.barstandardsboard.org.uk

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Court of Appeal rejects all grounds of challenge to QASA – Local Government Lawyer

‘The Court of Appeal has today [7 October] rejected a challenge to the lawfulness of the Quality Assurance Scheme for Advocates (QASA).’

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Local Government Lawyer, 7th October 2014

Source: www.localgovernemtnlawyer.co.uk

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Council’s decision to close elderly care home not unlawful – UK Human Rights Blog

Posted October 3rd, 2014 in care homes, equality, human rights, judicial review, local government, news by tracey

‘Karia, R (on the application of) v Leicester City Council (Sir Stephen Silber, acting as High Court Judge) [2014] EWHC 3105 (Admin) (30 September 2014. In a robust judgment Sir Stephen Silber has asserted that neither the ordinary laws of judicial review, nor the Equality Act nor the Human Rights Act require the courts to micro-manage the decisions of public authorities. Indeed the latter two statutory powers are not designed as a back door into a merits review of a decision that is restricted to the court’s review of the legality of a public sector decision.’

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UK Human Rights Blog, 2nd October 2014

Source: http://ukhumanrightsblog.com

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Former pupillage head launches judicial review over non-judge Visitors – Legal Futures

Posted October 3rd, 2014 in inns of court, judicial review, news, pupillage by tracey

‘Ben Conlon, former head of the pupillage committee at 3 Temple Gardens, has launched a judicial review arguing that the Visitors to the Inns of Court should made up only of High Court judges.’

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Legal Futures, 3rd October 2014

Source: www.legalfutures.co.uk

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Council defeats claim brought on behalf of 101 year old over care home closure – Local Government Lawyer

Posted October 1st, 2014 in care homes, elderly, equality, judicial review, local government, news by tracey

‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’

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Local Government Lawyer, 30th Spetember 2014

Source:  www.localgovernmentlawyer.co.uk

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Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

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Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

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Proposed Legislative Changes To Judicial Review: The Current Position – No. 5 Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, human rights, judicial review, news, public interest by sally

‘The Criminal Justice and Courts Bill, which introduces significant changes to judicial review, is making rapid progress through Parliament. The House of Lords Committee stage completed on 30 July 2014 and all that remains now is the House of Lords report stage due at the end of October, with royal assent expected by the end of the year. Whilst there are indications that certain members of the Lords disagree with some of the provisions and some may yet be amended or frustrated, the current version of the Bill retains the significant provisions on judicial review.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

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