Visit visa refusals: appeal or judicial review? – Free Movement

Posted May 12th, 2015 in appeals, families, freedom of movement, judicial review, news, visas by tracey

‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’

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Free Movement, 12th May 2015

Source: www.freemovement.org.uk

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Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) – WLR Daily

Posted May 11th, 2015 in EC law, fees, judicial review, law reports, licensing, sex establishments by sally

Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) [2015] UKSC 25; [2015] WLR (D) 193

‘A licensing authority was entitled to levy on a successful applicant for the grant or renewal of a licence a charge enabling the authority to recover the full cost of running and enforcing the licensing scheme.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

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

Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202

‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

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Local authorities and judicial review: they should not put their heads completely in the sands – UK Human Rights Blog

Posted May 7th, 2015 in costs, judicial review, local government, news, planning, trials by sally

‘Out of what some may think to be an everyday spat between the Co-Op (existing supermarket) and an out-of-town supermarket proposer, comes a salutary reminder from Singh J that local authorities cannot behave like private litigants when they are judicially reviewed. Different rules apply.’

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UK Human Rights Blog, 7th May 2015

Source: www.ukhumanrightsblog.com

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Farrah Ahmed and Adam Perry: Judicial Review of Shariah Councils – UK Constitutional Law Association

Posted May 6th, 2015 in divorce, islamic law, judicial review, marriage, news by sally

‘On 23 March, Theresa May announced plans for a review of shariah councils in England and Wales, to examine their compatibility with British values, if the Conservatives win the May election. Shariah councils are bodies that issue divorce certificates for Islamic marriages, offer mediation and reconciliation services to couples married under religious law, and produce expert opinion reports on religious matters. An AHRC-funded research project concluded that the shariah council it studied (along with a Beth Din and a Catholic Tribunal) “provide[s] an important service for those Jews, Muslims and Catholics for whom a religious divorce ‘in the sight of God’ is important from both a spiritual and religious legal perspective”. The Home Office, while acknowledging the need for further evidence on the operation of shariah councils, appears concerned about the effect of their decisions on women (who, it suggests, may receive an insufficient financial settlement on a religious divorce) and the fairness of the procedures followed by shariah councils (particularly the possibility that their procedures discount women’s testimonies).’

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UK Constitutional Law Association, 1st May 2015

Source: www.ukconstitutionallaw.org

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Faith school wins judicial review over adjudicator findings on admissions – Local Government Lawyer

Posted May 6th, 2015 in costs, education, judicial review, news, school admissions by sally

‘A high-profile faith school won a High Court judicial review last month over the Schools Adjudicator’s finding that its admission arrangements for 2014 and 2015 were unlawful.’

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Local Government Lawyer, 5th May 2015

Source: www.localgovernmentlawyer.co.uk

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Liberties, Customs and the Free Flow of Trade – Speech by the Master of the Rolls

Liberties, Customs and the Free Flow of Trade (PDF)

Speech by the Master of the Rolls

4th Annual British Irish Commercial Law Forum, 23rd April 2015

Source: www.judiciary.gov.uk

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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.’

Full story

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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