Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

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News focus: law and justice pledges – Law Society’s Gazette

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

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Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

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Law Society drops plan to bring JR over court fee rises – Litigtation Futures

Posted April 10th, 2015 in fees, judicial review, Law Society, news by tracey

‘The Law Society has rowed back from seeking a judicial review of the recent court fee increases, citing counsel’s opinion.’

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Litigation Futures, 9th April 2015

Source: www.litigationfutures.com

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Regina (Coll) v Secretary of State for Justice – WLR Daily

Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157

‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’

WLR Daily, 31st March 2015

Source: www.iclr.co.uk

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Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) – WLR Daily

Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] UKSC 19; [2015] WLR (D) 166

‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

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Alison Young: R (Evans) v Attorney General [2015] UKSC 21 – the Anisminic of the 21st Century? – UK Constitutional Law Association

‘On Thursday 26th March the Supreme Court concluded, to the delight of The Guardian and the dismay of the Prime Minister, that communications between Prince Charles and government Ministers – the so-called ‘black spider memos’ – should be released. This has been a long saga, involving issues of freedom of information, discussion of constitutional conventions surrounding the behaviour of a Monarch in training, which now also includes the principle of legality and the nature of the relationship between parliamentary sovereignty and the rule of law. Such a cornucopia of delights for constitutional lawyers guarantees that the case has earned its place in the ‘Constitutional law Case list Hall of Fame’, with the promise of further delight as the memos, once released and savoured, cast an insight into the relationship between the Crown and the Government.’

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UK Constitutional Law Association, 31st March 2015

Source: www.ukconstitutionallaw.org

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High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

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Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others – WLR Daily

Posted March 27th, 2015 in budgets, care homes, judicial review, news, nurses by sally

Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others [2015] EWHC 601 (Admin); [2015] WLR (D) 134

‘The definition of “nursing care by a registered nurse” in section 49 of the Health and Social Care Act 2001 was not a task based definition which restricted “services” to the tasks which only a registered nurse could perform.’

WLR Daily, 11th March 2015

Source: www.iclr.co.uk

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Regina (NE) v Birmingham Magistrates’ Court; Regina (NM) v Birmingham Magistrates’ Court – WLR Daily

Regina (NE) v Birmingham Magistrates’ Court; Regina (NM) v Birmingham Magistrates’ Court [2015] EWHC 688 (Admin); [2015] WLR (D) 135

‘An appeal by way of case stated to the High Court pursuant to section 111 of the Magistrates’ Courts Act 1980, rather than a challenge by way of judicial review, was generally the appropriate way in which to challenge a decision of a magistrates’ court dismissing an appeal under section 91E of the Sexual Offences Act 2003 against an unsuccessful review of an order requiring a sexual offender to comply with the notification requirements under the Act indefinitely.’

WLR Daily, 20th March 2015

Source: www.iclr.co.uk

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Council to bring judicial review action over DCLG direction on newspaper frequency – Local Government Lawyer

Posted March 25th, 2015 in advertising, budgets, employment, housing, judicial review, local government, media, news by sally

‘The Royal Borough of Greenwich is to bring judicial review proceedings after the Communities Secretary earlier this month served the authority with a direction requiring it to cut publication of its weekly newspaper.’

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Local Government Lawyer, 24th March 2015

Source: www.localgovernment.co.uk

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Top Catholic school takes fight for admissions policy to court – The Guardian

Posted March 25th, 2015 in Christianity, education, judicial review, news, school admissions by sally

‘The religious ethos of one of England’s oldest state-funded Catholic boys’ schools is at risk after an education watchdog attacked its admissions code, the high court has heard.’

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The Guardian, 24th March 2015

Source: www.guardian.co.uk

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The true statistics behind judicial review’s success rates – UK Human Rights Blog

Posted March 24th, 2015 in judicial review, news, statistics, trials by sally

‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’

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UK Human Rights Blog, 23rd March 2015

Source: www.ukhumanrightsblog.com

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Regina (Chaudhary) v Crown Court at Bristol and another – WLR Daily

Posted March 23rd, 2015 in costs, criminal procedure, judicial review, law reports by sally

Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131

‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission – WLR Daily

Posted March 23rd, 2015 in appeals, disclosure, human rights, immigration, judicial review, law reports by sally

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission [2015] EWHC 681 (Admin); [2015] WLR (D) 132

‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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Tom Hickman and Maurice Sunkin: Success in Judicial Review: The Current Position – UK Constitutional Law Association

‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’

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UK Constitutional Law Association, 20th March 2015

Source: www.constitutionallaw.org

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Miscarriage of justice review body is dismissed as the Court of Appeal’s ‘lap dog’ in hard-hitting report – The Independent

‘Innocent victims of miscarriages of justice are “languishing in jail” due to delays and faults in the case review system, according to MPs behind a hard-hitting report to be published this week.’

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The Independent, 22nd March 2015

Source: www.independent.co.uk

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Last minute adjournment in criminal legal aid appeal – Law Society’s Gazette

Posted March 20th, 2015 in adjournment, appeals, criminal justice, judicial review, legal aid, news by tracey

‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’

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Law Society’s Gazette, 19th March 2015

Source: www.lawgazette.co.uk

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Meaning of “totally without merit” – Free Movement

Posted March 19th, 2015 in civil procedure rules, judicial review, news, tribunals by sally

‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’

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Free Movement, 19th March 2015

Source: www.freemovement.org.uk

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Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor – WLR Daily

Posted March 17th, 2015 in judicial review, law firms, law reports, legal aid, regulations, ultra vires by sally

Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor [2015] EWHC 523 (Admin); [2015] WLR (D) 114

‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 3rd March 2015

Source: www.iclr.co.uk

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Court of Appeal gives local authority Aarhus costs protection over HS2 challenge – Local Government Lawyer

‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th March 2015

Source: www.localgovernmentlawyer.co.uk

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