Blow for MoJ as regulations on judicial review and legal aid ruled unlawful – Local Government Lawyer

‘The Government’s introduction through regulations of a “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, the Divisional Court has ruled.’

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Local Government Lawyer, 4th March 2015

Source: www.localgovernmentlawyer.co.uk

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Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) [2015] EWHC 402 (Admin); [2015] WLR (D) 90

‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

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Grayling JR amendment ‘unlawful’ – High Court – Law Society’s Gazette

Posted March 4th, 2015 in costs, judicial review, legal aid, news, regulations, remuneration by sally

‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’

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Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

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The judicial review of regulations on funding judicial review – NearlyLegal

‘The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I submitted a witness statement in support of the Claimants in this case, on the impact on homeless judicial reviews in particular. So you are warned of any possible partiality.)’

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NearlyLegal, 3rd March 2015

Source: www.nearlylegal.co.uk

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Attorney General defends government’s record on rule of law, including JR reform – Litigation Futures

Posted February 26th, 2015 in attorney general, judicial review, news, rule of law, speeches by sally

The government has “stood up for the rule of law” and should be proud of its record, the Attorney General, Jeremy Wright QC, has argued, in a strongly-worded speech on the last day of the Global Law Summit.

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Litigation Futures, 26th February 2015

Source: www.litigationfutures.com

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Regina (London Criminal Courts Solicitors Association and others) v Lord Chancellor; Regina (Law Society) v Lord Chancellor – WLR Daily

Posted February 23rd, 2015 in criminal justice, judicial review, law reports, legal aid, lord chancellor by sally

Regina (London Criminal Courts Solicitors Association and others) v Lord Chancellor; Regina (Law Society) v Lord Chancellor [2015] EWHC 295 (Admin) ; [2015] WLR (D) 78

‘The conventional Wednesbury standard of judicial supervision applied to a decision, taken by the Lord Chancellor in the exercise of his discretion under section 2(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which involved changes to the provision of criminal legal aid services by solicitors.’

WLR Daily, 18th February 2015

Source: www.iclr.co.uk

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Southwark gatekeeping: All of the wrong – NearlyLegal

Posted February 23rd, 2015 in homelessness, housing, judicial review, local government, news, public interest by sally

‘Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and even put them into leaflets and their website.’

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NearlyLegal, 22nd February 2015

Source: www.nearlylegal.co.uk

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R (James) v HM Prison Birmingham and others – WLR Daily

R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59

‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

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Councillor wins procurement judicial review over £165m city centre scheme – Local Government Lawyer

Posted February 17th, 2015 in appeals, EC law, judicial review, local government, news, planning, public procurement by sally

‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’

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Local Government Lawyer, 13th February 2015

Source: www.localgovernmentlawyer.co.uk

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Critics of Islam prevented from entering UK to attend Lee Rigby rally – UK Human Rights Blog

‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’

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UK Human Rights Blog, 15th February 2015

Source: www.ukhumanrightsblog.com

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Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement

‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’

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Free Movement, 16th February 2015

Source: www.freemovement.org.uk

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Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally – Free Movement

Posted February 10th, 2015 in appeals, freedom of expression, judicial review, news, speeches, visas by sally

‘The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by Pamela Geller and Robert Spencer, the founders ‘Stop Islamization of America’, referred to by the Secretary of State as an anti-Muslim hate group. This contributor was previously unaware of Geller and Spencer’s work, but after 5 minutes on YouTube was in rare agreement with the Secretary of State. They had planned to visit the UK in the aftermath of the murder of Drummer Lee Rigby, to address a rally planned by the English Defence League in Greenwich on Saturday 29 June 2013, armed forces day.’

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Free Movement, 10th February 2015

Source: www.freemovement.org.uk

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Judicial Review on domestic violence evidence requirements fails: 
R (on the application of Rights of Women) v The Secretary of State for Justice [2015] EWHC 35 (Admin) – The World of Family Law (Garden Court Chambers)

Posted February 5th, 2015 in domestic violence, evidence, judicial review, legal aid, news, regulations, ultra vires by sally

‘Lord Justice Fulford and Mrs Justice Lang DBE have rejected Rights of Womens much needed challenge against the regulations (regulation 33) on domestic violence. For practitioners who work in the field of domestic violence and for people who care about gender based violence this is a disappointing and somewhat confusing blow.’

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The World of Family Law (Garden Court Chambers), 4th February 2015

Source: www.gcfamily.wordpress.com

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Costs and care homes – Law Society’s Gazette

‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’

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Law Society’s Gazette, 2nd February 2015

Source: www.lawgazette.co.uk

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First judicial review over 2014 Act duties to disabled children reaches court – Local Government Lawyer

‘A High Court judge will this week hear what is being billed as the first judicial review to consider local authorities’ duties to disabled children following reforms brought in under the new Children and Families Act.’

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Local Government Lawyer, 29th January 2015

Source: www.localgovernmentlawyer.co.uk

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Domestic violence challenge on legal aid fails – Law Society’s Gazette

‘The High Court has rejected a challenge to the legality of government changes to legal aid for victims of domestic violence.’

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Law Society’s Gazette, 22nd January 2015

Source: www.lawgazette.co.uk

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Court of Appeal: BSB official “blind to any sense of fairness” in disciplinary prosecution – Legal Futures

‘The Court of Appeal has criticised in the strongest language the behaviour of an official at the Bar Standards Board (BSB) responsible for “subverting the rules” on disclosure.’

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Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk

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Judgment reserved on criminal legal aid reforms – Law Society’s Gazette

‘Delivering judgment on the lord chancellor’s controversial criminal legal aid reforms by the end of the month will be a ‘pretty tall order’, senior judges have said at the end of a three-day hearing in the High Court.’

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Law Society’s Gazette, 20th January 2015

Source: www.lawgazette.co.uk

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Grayling’s legal aid reforms ‘irrational’, Law Society argues – Law Society’s Gazette

Posted January 16th, 2015 in contracts, judicial review, Law Society, legal aid, news, tenders by sally

‘The lord chancellor’s decision to start a tender process for legal aid crime duty contracts is unlawful because it is “irrational”, “disproportionate” and based on a “manifest error”, the Law Society will argue in the High Court.’

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Law Society’s Gazette, 15th January 2015

Source: www.lawgazette.co.uk

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Plans to restrict judicial review face further concessions – The Guardian

Posted January 14th, 2015 in bills, disciplinary procedures, human rights, judicial review, news by tracey

‘Justice secretary backs down to avoid third Lords defeat over bill which would make it harder to challenge government decisions.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

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