Current Awareness » judicial review

Waterloo tower block ‘threatens view of Westminster’ – BBC News

sally — Wed, 19 Jun 2013 15:38:30 +0000

“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Judges and Policy: A Delicate Balance – Speech by Lord Neuberger

sally — Wed, 19 Jun 2013 10:58:04 +0000

Judges and Policy: A Delicate Balance (PDF)

Speech by Lord Neuberger

Institute for Government, 18th June 2013

Source: www.supremecourt.gov.uk

Short Cuts – London Review of Books

sally — Wed, 19 Jun 2013 09:37:41 +0000

“A fundamental shift in the relationship between the government and the governed is taking place: by restricting access to the law, the state is handing itself an alarming immunity from legal scrutiny. There are several aspects to this: the partial or total withdrawal of state financial support for people who lack the means to pay for legal advice and representation; and for those who can pay, a restriction on which kinds of decision by public bodies can be challenged. In the area in which I work, criminal law, defendants who receive legal aid will lose the right to choose who represents them in court. Meanwhile, the misleadingly named Justice and Security Act, passed earlier this year, enables the government to conceal evidence from litigants by using national security as a trump card. All this is accompanied by an unbending hostility to human rights law, tainted by its association with Europe, even though this legislation at least offers the weak the possibility of redress for abuses by public authorities.”

Full story

London Review of Books, 6th June 2013

Source: www.lrb.co.uk

FSA win highlights role of judicial review as remedy of last resort, says expert – OUT-LAW.com

sally — Wed, 19 Jun 2013 08:51:56 +0000

“The former finance director of Bradford & Bingley has failed in his attempt to have the courts overturn a £100,000 fine issued by the financial services regulator.”

Full story

OUT-LAW.com, 18th June 2013

Source: www.out-law.com

Legal aid cuts will drive out the best lawyers, supreme court president warns – The Guardian

sally — Wed, 19 Jun 2013 08:46:27 +0000

“Reforms may not produce significant savings as it would result in more unrepresented litigants and longer hearings, says Lord Neuberger.”

Full story

The Guardian, 18th June 2013

Source: www.guardian.co.uk

Ministry of Justice plans to cut court services trigger strikes – The Guardian

sally — Fri, 14 Jun 2013 08:24:24 +0000

“Court staff are being called out on strike on Monday amid growing opposition to the Ministry of Justice’s proposals to contract out services, cut legal aid and limit the use of judicial review.”

Full story

The Guardian, 13th June 2013

Source: www.guardian.co.uk

Reforms to cut the Judicial Review period will come into force next month – OUT-LAW.com

sally — Fri, 14 Jun 2013 08:18:10 +0000

“The Ministry of Justice has confirmed that new rules in relation to Judicial Review of planning decisions will come into force on 1 July.”

Full story

OUT-LAW.com, 13th June 2013

Source: www.out-law.com

Warning: CPS keep victim appeals in house – Halsbury’s Law Exchange

sally — Wed, 12 Jun 2013 10:44:25 +0000

“There is a new independent Assessor (Stephen Shaw) for non-legal complaints made about the Crown Prosecution Service (CPS) but not for the legal ones – how very odd! It was recently reported that victims of crime will be able to ‘win the right’ to appeal against decisions by the CPS not to charge suspects and there is a consultation which is open until the 5th of September 2013. It has a mnemonic ‘VRR’ which stands for a ‘Victim’s Right to Review’.”

Full story

Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Jobseekers try to overturn law denying them benefit rebates – The Guardian

tracey — Tue, 11 Jun 2013 14:54:43 +0000

“Iain Duncan Smith and parliament have conspired to undermine the basic rights of hundreds of thousands of jobseekers by enacting retrospective emergency legislation, according to the contents of a legal filing sent to the Department for Work and Pensions (DWP).”

Full story

The Guardian, 11th June 2013

Source: www.guardian.co.uk

Six reasons the cuts to legal aid will ruin our justice system – The Independent

sally — Mon, 10 Jun 2013 09:43:42 +0000

“Even the government’s own lawyers are horrified by these reforms.”

Full story

The Independent, 7th June 2013

Source: www.independent.co.uk

145 specially appointed Government barristers demand rethink on Legal Aid plans – UK Human Rights Blog

sally — Thu, 06 Jun 2013 14:51:15 +0000

“145 barristers on the Attorney General’s Panel of Counsel have signed a letter seeking that the Government to rethink its plans for reform of Legal Aid. I was one of the signatories. The letter is reproduced on the Legal Aid Changes blog.”

Full story

UK Human Rights Blog, 6th June 2013

Source: www.ukhumanrightsblog.com

“Fair play in action”: Court of Appeal considers the rules of natural justice – UK Human Rights Blog

sally — Wed, 05 Jun 2013 15:16:23 +0000

“The concept of fairness embodied in the different strands of natural justice have to be seen as flexible and as not requiring the courts to lay down over rigid rules, so that where it had been agreed that a tribunal member could be temporarily absent for part of the hearing, there had been no breach of the rules of natural justice.”

Full story

UK Human Rights Blog, 5th June 2013

Source: www.ukhumanrightsblog.com

Court lifts anonymity order in David McGreavy case – UK Human Rights Blog

sally — Mon, 03 Jun 2013 15:04:25 +0000

“Reporting restrictions on proceedings concerning a life prisoner should be discharged since the public interest in allowing media organisations to publish reports outweighed the prisoner’s human rights.”

Full story

UK Human Rights Blog, 3rd June 2013

Source: www.ukhumanrightsblog.com

Regina (Gray and another) v Crown Court at Aylesbury – WLR Daily

sally — Mon, 03 Jun 2013 10:10:00 +0000

Regina (Gray and another) v Crown Court at Aylesbury [2013] EWHC 500 (Admin); [2013] WLR (D) 204

“The court ought not to record a separate conviction under section 9 of the Animal Welfare Act 2006 where a person had been found guilty of an offence under section 4 and the neglect proved under section 9 was no wider than the conduct which caused the unnecessary suffering for which there was guilt under section 4.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

Mark Aronson: Statutory Interpretation or Judicial Disobedience? – UK Constitutional Law Group

sally — Mon, 03 Jun 2013 09:34:49 +0000

“In Australia as in England, courts began ‘reading down’ legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable ‘principle of legality’ entered the public lawyer’s lexicon. Judges typically explained themselves as merely engaging in an exercise of statutory interpretation, saying that in the absence of express words or an absolutely necessary implication to the contrary, they could not believe that Parliament intended to override fundamental principles, rights, or freedoms. Legislative drafters, they reasoned, were well aware of this interpretive approach, and could always respond with clearer language.”

Full story

UK Constitutional Law Group, 3rd June 2013

Source: www.ukconstitutionallaw.org

Councils seek judicial review of Defra decision to withdraw PFI credits from waste projects – OUT-LAW.com

sally — Thu, 30 May 2013 10:49:53 +0000

“Three local authorities who were told in February that the Government was withdrawing previously-awarded financial support for waste management projects have launched legal challenges to the decision.”

Full story

OUT-LAW.com, 30th May 2013

Source: www.out-law.com

Leading lawyers criticise plans to restrict legal aid – BBC News

sally — Thu, 30 May 2013 08:36:30 +0000

“Ninety leading barristers have urged the government to withdraw ‘unjust proposals’ to restrict legal aid for people demanding judicial reviews.”

Full story

BBC News, 29th May 2013

Source: www.bbc.co.uk

Protesters launch appeal against HS2 High Court ruling – BBC News

sally — Thu, 30 May 2013 08:18:45 +0000

“A protest group is to appeal against a High Court ruling that effectively gave the go ahead to the London-Birmingham section of the HS2 high-speed railway.”

Full story

BBC News, 29th May 2013

Source: www.bbc.co.uk

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council – WLR Daily

sally — Wed, 29 May 2013 09:22:42 +0000

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council [2013] EWCA Civ 591; [2013] WLR (D) 203

“Since the coming into force of the Provision of Services Regulations 2009 a local authority was not permitted, when determining the reasonable licence fee for sex establishments, to reflect in the fee which it determined the cost of enforcing the licensing system against unlicensed operators.”

WLR Daily, 24th May 2013

Source: www.iclr.co.uk

Leading barristers warn over legal aid cuts – Daily Telegraph

sally — Wed, 29 May 2013 09:08:37 +0000

“Dozens of Britain’s leading barristers have warned that reforms of the legal aid system by Chris Grayling, the Justice Secretary, will ‘seriously undermine the rule of law’.”

Full story

Daily Telegraph, 28th May 2013

Source: www.telegraph.co.uk

Too soon? – NearlyLegal

sally — Tue, 28 May 2013 10:02:02 +0000

“Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has ‘certified that this judgment may be cited and referred to in other cases or situations. This direction is made pursuant to paragraph 6.1 of the Practice Direction (Citation of Authorities) [2001] 1 WLR 1001, CA.’. Why will become clear.”

Full story

NearlyLegal, 27th May 2013

Source: www.nearlylegal.co.uk

Domestic violence victim seeks bedroom tax judicial review – The Guardian

sally — Tue, 28 May 2013 08:35:56 +0000

“A victim of domestic violence who faces losing her council home which has a secure ‘panic room’ is to challenge the government’s so-called bedroom tax.”

Full story

The Guardian, 24th May 2013

Source: www.guardian.co.uk

Benefits cap will have catastrophic effect on families, court will hear – The Guardian

tracey — Fri, 24 May 2013 09:17:24 +0000

“Families will suffer catastrophic effects and victims of domestic violence may be forced to return to their abusers, it will be argued in the first test cases challenging the government’s imposition of a £500-a-week cap on benefits. A judge has already given permission for a full judicial review of claims that involve four vulnerable families relying on welfare payments. One household is facing imminent eviction, according to documents filed at the high court.”

Full story

The Guardian, 23rd May 2013

Source: www.guardian.co.uk

Two win sickness benefit test legal challenge – BBC News

sally — Wed, 22 May 2013 14:05:58 +0000

“Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.”

Full story

BBC News, 22nd May 2013

Source: www.bbc.co.uk

Stop and Tase? – Criminal Law and Justice Weekly

sally — Mon, 20 May 2013 10:38:53 +0000

“Last month saw the launch of the judicial review of the ‘Taser Roll-out Programme’. The landmark challenge comes after the Metropolitan Police Service and the Mayor’s Office for Policing and Crime (MOPAC) began the roll-out of Tasers across all 32 boroughs of London without holding a public consultation or providing the public with information about the Programme. Forty officers in each borough will be trained to use the Taser; eight officers per shift and two Emergency Response Teams will have Tasers with them at any one time. The judicial review also raises the issue that there was a legitimate expectation that the ‘Taser Policy’ across London would remain in force and that there is an arguable breach of art.2 and 3 of the European Convention of Human Rights in continuing with the implementation of the Programme.”

Full story

Criminal Law and Justice Weekly, 18th May 2013

Source: www.criminallawandjustice.co.uk

Legal watchdog warns budget cuts will damage justice – The Guardian

sally — Mon, 20 May 2013 08:10:42 +0000

“Depriving defendants of the ability to choose their own solicitor will undermine confidence in the criminal justice system, an official legal watchdog warned on Monday.”

Full story

The Guardian, 20th May 2013

Source: www.guardian.co.uk

UK Uncut loses legal challenge over Goldman Sachs tax deal with HMRC – The Guardian

sally — Thu, 16 May 2013 09:22:48 +0000

“Campaign group UK Uncut Legal Action has lost its high court challenge over the legality of the ‘sweetheart’ tax deal between HM Revenue and Customs and Goldman Sachs.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) – WLR Daily

sally — Fri, 10 May 2013 09:47:19 +0000

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) [2013] EWHC 1144 (Admin); [2013] WLR (D) 169

“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

sally — Wed, 08 May 2013 09:10:43 +0000

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today [7 May] by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 7th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council – Family Law Week

sally — Tue, 07 May 2013 12:17:28 +0000

“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”

Full story

Family Law Week, 6th May 2013

Source: www.familylawweek.co.uk

More major rule of law changes, more dodgy statistics used to justify them – UK Human Rights Blog

sally — Tue, 07 May 2013 10:29:23 +0000

“‘Access to justice should not be determined by your ability to pay’, begins the Justice Secretary Chris Grayling – perhaps accompanied by a subtle wink – at the beginning of the Ministry of Justice’s new consultation document. As many readers will know, the Government is currently consulting on a second round of legal aid cuts. This time, savings of £220m per year are estimated. The consultation closes in just under a month, on 4 June 2013.”

Full story

UK Human Rights Blog, 5th May 2013

Source: www.ukhumanrightsblog.com

Judges to rule on HMRC’s tax deal with Goldman Sachs – BBC News

sally — Thu, 02 May 2013 09:05:10 +0000

“Judges are being asked to decide if HM Revenue and Customs (HMRC) acted illegally by letting investment bank Goldman Sachs off part of its tax bill.”

Full story

BBC News, 2nd May 2013

Source: www.bbc.co.uk

LAA must give reasons about funding expert assessments in care proceedings – UK Human Rights Blog

sally — Thu, 02 May 2013 08:42:55 +0000

“This successful challenge to a decision by the Legal Aid Agency (LAA) arose from an expert assessor in family proceedings – not unnaturally – refusing to begin work unless funding was in place. If the LAA are asked to fund an assessment on behalf of a party with legal aid, then it is common for lawyers to obtain prior authority from the LAA to ensure that the expert will be paid for their work. If not, then the lawyers themselves can be liable for an expert’s costs. In this case, prior authority to pay for the expert assessment had been refused by the LAA thus resulting in further court hearings and delay in the resolution of the case for the children.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

King Richard III burial row heads to High Court – BBC News

sally — Thu, 02 May 2013 08:41:12 +0000

“Distant relatives of Richard III have started legal proceedings to challenge the plan to bury the king’s remains in Leicester.”

Full story

BBC News, 1st May 2013

Source: www.bbc.co.uk

High court rejects legal challenge to Barnet’s ‘easyCouncil’ plans – The Guardian

tracey — Mon, 29 Apr 2013 11:14:24 +0000

“Campaigners against Barnet council’s radical plan to outsource hundreds of millions of pounds worth of services, dubbed easyCouncil, are to take their case to the appeal court after a judge ruled their objection to a £320m contract had come too late.”

Full story

The Guardian, 29th April 2013

Source: www.guardian.co.uk

Regina (Evans) v Basingstoke and Deane Borough Council and another – WLR Daily

tracey — Mon, 29 Apr 2013 10:58:32 +0000

Regina (Evans) v Basingstoke and Deane Borough Council and another: [2013] EWHC 899 (Admin); [2013] WLR (D) 150

“The existence in English law of a ten year period after which a breach of planning control was no longer actionable was not incompatible with the terms of Council Directive 85/337/EEC (the Environmental Impact Assessment Directive).”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

tracey — Mon, 29 Apr 2013 10:04:19 +0000

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

Full story

UK Human Rigths Blog, 28th April 2013

Source: www.ukhumanrightsblog.com

Judicial Review reform: What does “totally without merit” mean? – Paul Bowen QC – UK Human Rights Blog

tracey — Fri, 26 Apr 2013 09:54:51 +0000

“What is the test the Court should apply in deciding whether an application is ‘totally without merit’? The question is prompted by the Lord Chancellor’s announcement on 23 April 2013 that he will press ahead with plans to reform judicial review procedure to target ‘weak, frivolous and unmeritorious cases’. A key change will be to give judges of the Administrative Court, when refusing permission to apply for judicial review on the papers, the power to certify a claim as ‘totally without merit’ (TWM), thus depriving the claimant of the right to renew the application before the court at an oral hearing.”

Full story

UK Human Rights Blog, 25th April 2013

Surce: www.ukhumanrightsblog.com

Why consensual sex may still be rape – Halsbury’s Law Exchange

tracey — Fri, 26 Apr 2013 09:27:03 +0000

“The BBC has reported today that the law on consent has been further defined by the Lord Chief Justice. The article reads: ‘A woman who agreed to sex might still be the victim of rape, the High Court has ruled. The most senior judge in England and Wales and two other judges said there was consensual penetration, but the man behaved aggressively and ignored the woman’s demand that he not ejaculate.’ ”

Full story

Halsbury’s Law Exchange, 25th April 2013

Source: www.halsburyslawexchange.co.uk

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

sally — Thu, 25 Apr 2013 09:34:46 +0000

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

Full story

Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Five disabled people lose challenge over scrapped scheme that gave them independence – The Independent

sally — Wed, 24 Apr 2013 10:04:31 +0000

“Five disabled people have lost their High Court challenge over the Government’s decision to abolish a scheme that helps them live independently.”

Full story

The Independent, 24th April 2013

Source: www.independent.co.uk

Action on time-wasting judicial reviews – Ministry of Justice

sally — Wed, 24 Apr 2013 09:42:02 +0000

“New controls will tackle the soaring number of judicial review applications being made in England and Wales.”

Full story

Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Government pressing ahead with (most of) its proposals to restrict access to judicial review – UK Human Rights Blog

sally — Wed, 24 Apr 2013 08:41:17 +0000

“The Ministry of Justice has released its response to the comments generated by the consultation paper on judicial review that was published in December. Unsurprisingly, the Government has signalled that it intends to press ahead with most of the proposals upon which it consulted.”

Full story

UK Human Rights Blog, 23rd April 2013

Source: www.ukhumanrightsblog.com

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

sally — Tue, 23 Apr 2013 10:34:12 +0000

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Judicial review controls unveiled – BBC News

sally — Tue, 23 Apr 2013 09:03:18 +0000

“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”

Full story

BBC News, 23rd April 2013

Source: www.bbc.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

sally — Mon, 22 Apr 2013 14:18:07 +0000

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Council to review wind turbine policy after High Court rejects residential “buffer zone” – OUT-LAW.com

tracey — Fri, 19 Apr 2013 08:51:02 +0000

“A council could not amend its wind turbine planning policy to ensure a larger ‘buffer zone’ between turbines and residential properties than that already set out in its local plan, the High Court has ruled.17 Apr 2013.”

Full story

OUT-LAW.com, 17th April 2013

Source: www.out-law.com

Doctor entitled to rely on GMC’s assurance that his Caribbean qualification would be acceptable in UK – UK Human Rights Blog

sally — Thu, 18 Apr 2013 17:36:16 +0000

“The registration criteria for doctors trained abroad have been changed to respond to abuse by medical schools claiming false affiliations with the institutions listed in the WHO Directory. Although the 2006 rules effecting this change were lawful, the appellant had a legitimate expectation that he could rely on individual and specific assurances that he would be allowed to register on completion of his training.”

Full story

UK Human Rights Blog, 18th April 2013

Source: www.ukhumanrightsblog.com

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily

sally — Wed, 17 Apr 2013 10:36:04 +0000

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) [2013] EWCA Civ 322; [2013] WLR (D) 139

“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

Local authorities and the duty to consult with parents – UK Human Rights Blog

sally — Wed, 17 Apr 2013 09:21:14 +0000

“This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.”

Full story

UK Human Rights Blog, 16th April 2013

Source: www.ukhumanrightsblog.com