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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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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Richard Clayton QC: Fairness, Consultation, and the Supreme Court: There Is (Sometimes) an Alternative – UK Constitutional Law Association

‘In the last few years Austerity Britain has generated a large number of judicial review challenges to public spending cuts, particularly against local authorities. Many cases allege that the public body has consulted unlawfully. The legal principles involved have been firmly established. However, in October 2014 the Supreme Court in R (Moseley) v Haringey LBC [2014] 1 WLR 394 added a new ingredient to the mix, and the courts are still in the process of working out the implications of that decision.’

Full story

UK Constitutional Law Association, 16th March 2015

Source: www.ukconstitutionallaw.org

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Lord Dyson “personally opposed” to changing costs rules for JR permission hearings – Litigation Futures

Posted March 11th, 2015 in costs, judicial review, news, oral hearings by tracey

‘Lord Dyson, the Master of the Rolls, has made it clear that he is “personally opposed” to changes in the costs rules for judicial review oral permission hearings.’

Full story

Litigation Futures, 11th March 2015

Source: www.litigationfutures.com

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Number of judicial review applications falls from 15,600 to 4,000 – Litigation Futures

Posted March 10th, 2015 in civil justice, immigration, judicial review, news, statistics, tribunals by tracey

‘The number of judicial review applications lodged at the High Court fell from 15,600 to just 4,062 last year – caused mainly, but not entirely by the transfer of immigration and asylum cases to the Upper Tribunal.’

Full story

Litigation Futures, 10th March 2015

Source: www.litigationfutures.com

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Default judgments soar as defences plummet – Law Society’s Gazette

‘The number of civil court judgments leapt by 25% last year as more claims went undefended, official statistics have revealed.’

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Law Society’s Gazette, 9th March 2015

Source: www.lawgazette.co.uk

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Speech by HHJ Jarman: Administrative Court in Wales – Challenges and Opportunities – Judiciary of England and Wales

‘His Honour Judge Jarman QC gave a speech “Administrative Court in Wales: Challenges and Opportunities” at Swansea University on 19 November 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

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Disabled adult wins High Court battle with council over charges for services – Local Government Lawyer

‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’

Full story

Local Government Lawyer, 5th March 2015

Source: www.localgovernmentlawyer.co.uk

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