Legal aid contracts for on-call criminal solicitors to be slashed by two-thirds – The Guardian

‘On-call, duty contracts for criminal solicitors to attend police stations and courts will be slashed from 1,600 to 527 in England and Wales, the Ministry of Justice has confirmed.’

Full story

The Guardian, 27th November 2014

Source: www.guardian.co.uk

Comments Off

Challenging an error of fact – Hardwicke Chambers

Posted November 27th, 2014 in immigration, judicial review, mistake, news by sally

‘Lurking in the background of many judicial review claims is a complaint that a decision maker has made an error of fact.’

Full story

Hardwicke Chambers, 24th November 2014

Source: www.hardwicke.co.uk

Comments Off

High Court judge rejects challenge to 400-home planning consent, despite planning officer’s mistaken advice – OUT-LAW.com

Posted November 27th, 2014 in judicial review, local government, news, planning, reports by sally

‘A High Court judge has refused to quash a decision to grant planning consent for 400 homes within the Surrey countryside, after deciding that a council was not misled by a planning officer’s mistaken advice.’

Full story

OUT-LAW.com, 26th November 2014

Source: www.out-law.com

Comments Off

Judges dismiss legal challenge to EU arrest warrant – BBC News

Posted November 17th, 2014 in EC law, extradition, judicial review, news, warrants by sally

‘A legal challenge to try to prevent the UK continuing to comply with the European Arrest Warrant has failed.’

Full story

BBC News, 14th November 2014

Source: www.bbc.co.uk

Comments Off

JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures

‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’

Full story

Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

Comments Off

Regina (Kerman & Co LLP) v Legal Ombudsman – WLR Daily

Posted November 14th, 2014 in complaints, judicial review, jurisdiction, law reports, ombudsmen, solicitors by tracey

Regina (Kerman & Co LLP) v Legal OmbudsmanL: [2014] EWHC 3726 (Admin); [2014] WLR (D) 481

‘The reference to a “person” against whom a complaint had been made “ceasing to exist” in section 132(2) of the Legal Services Act 2007 and rule 2.10 of the Legal Ombudsman Scheme Rules 2013 made thereunder was a reference to the cessation of the firm or legal entity and/or, if different, the “authorised person” subject to the regulatory regime. It was not to be read as a narrow reference to an individual human being ceasing to exist.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

Comments Off

Bloody Sunday investigation faces judicial review – BBC News

Posted November 11th, 2014 in demonstrations, homicide, inquiries, judicial review, murder, news, Northern Ireland, police by michael

‘The decision to scale back the police investigation into the deaths of marchers killed by soldiers in Londonderry in 1972 will be challenged in court by victims’ relatives.’

Full story

BBC News, 11th November 2014

Source: www.bbc.co.uk

Comments Off

Wind turbines, noise and public information – UK Human Rights Blog

Posted November 10th, 2014 in consultations, delay, judicial review, local government, news, noise, planning by sally

‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’

Full story

UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

Comments Off

A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by tracey

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

Full story

NearlyLegal, 6th November 2014

Source: www.nearlylegal.co.uk/blog/

Comments Off

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council – WLR Daily

Posted November 7th, 2014 in agreements, judicial review, law reports, roads by tracey

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council: [2014] EWCA Civ 1433; [2014] WLR (D) 465

‘A highway authority could lawfully enter into an agreement with a developer or other party under section 38 of the Highways Act 1980 for that other party to pay a sum for the expenses of highways maintenance after the date on which the highway became maintainable at public expense.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Comments Off

Southwark to bring judicial review over plans for ‘super-sewer’ for London – Local Government Lawyer

Posted November 3rd, 2014 in consultations, judicial review, local government, London, news, planning, sewerage by sally

‘Southwark Council has applied to the High Court to bring judicial review proceedings over ministers’ approval of plans for the so-called ‘super-sewer’ in London.’

Full story

Local Government Lawyer, 3rd November 2014

Source: www.localgovernmentlawyer.co.uk

Comments Off

Family of girl who killed herself after arrest challenges detention policy – The Guardian

‘Kesia Leatherbarrow broke a window trying to enter a residential care home for ex-addicts to visit a friend. When officers arrested the 17-year-old, they discovered a small quantity of cannabis. She spent two nights and three days in police custody; a few hours after being released, she hanged herself.’

Full story

The Guardian, 2nd November 2014

Source: www.guardian.co.uk

Comments Off

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.’

Full story

UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

Comments Off

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.’

Full story

Law Society’s Gazette, 29th October 2014

Source: www.lawgazette.co.uk

Comments Off

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.’

Full story

UK Human Rights Blog, 28th October 2014

Source: www.ukhumanrightsblog.com

Comments Off

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.’

Full story

The Guardian, 27th October 2014

Source: www.guardian.co.uk

Comments Off

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.’

Full story

The Independent, 26th October 2014

Source: www.independent.co.uk

Comments Off

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.’

Full story

Local Government Lawyer, 23rd October 2014

Source: www.localgovernmentlawyer.co.uk

Comments Off

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

Comments Off

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

Comments Off