R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) – Supreme Court

R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) [2014] UKSC 37 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Do Not Resuscitate notices: Patients’ rights under Article 8 – UK Human Rights Blog

‘The Court of Appeal has declared that the failure of a hospital to consult a patient in their decision to insert a Do Not Attempt Cardiopulmonary Resuscitation Notice in her notes was unlawful and in breach of her right to have her physical integrity and autonomy protected under Article 8.’

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UK Human Rights Blog, 17th June 2014

Source: www.ukhumanrightsblog.com

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Richard III legal challenge lands taxpayer with £175,000 legal bill – Daily Telegraph

Posted June 17th, 2014 in burials and cremation, costs, judicial review, news, royal family by sally

‘Chris Grayling, the Justice Secretary, criticises a legal bid by distant relatives of King Richard III, whose remains were found buried under a council car park in Leicester.’

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Daily Telegraph, 16th June 2014

Source: www.telegraph.co.uk

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R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) – Supreme Court

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) [2014] UKSC 34 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Regina (Grace) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2014 in civil procedure rules, immigration, judicial review, law reports by sally

Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249

‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

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Supreme Court: “reasonable suspicion” entitled customs officers to detain goods pending tax enquiries – OUT-LAW.com

Posted June 13th, 2014 in customs and excise, fraud, judicial review, news, search & seizure, taxation by sally

‘Officers from HM Revenue and Customs (HMRC) are entitled to detain goods pending further investigation where they have “reasonable grounds to suspect” that excise duties have not been paid, the Supreme Court has confirmed.’

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OUT-LAW.com, 12th June 2014

Source: www.out-law.com

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Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

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Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening) – WLR Daily

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening):[2014] EWCA Civ 718; [2014] WLR (D) 240

‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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Afusat Saliu and children ‘deported to Nigeria’ – BBC News

‘A woman who fought to stay in the UK over fears her daughters could face female genital mutilation in Nigeria has been deported, her lawyer has said.’

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BBC News, 4th June 2014

Source: www.bbc.co.uk

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Planning Court judge rules claim brought by store developer “totally without merit” – Local Government Lawyer

Posted May 28th, 2014 in judicial review, local government, news, planning by sally

‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’

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Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

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Richard III: fairness and public interest litigation – UK Human Rights Blog

‘Some 527 years after his death, Richard III’s skeleton was found beneath a car park in Leicester. The Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants, sought judicial review of the decision taken by the Secretary of State to exhume and re-inter the monarch in Leicester Cathedral without consulting them and a wide audience.’

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UK Human Rights Blog, 28th May 2014

Source: www.ukhumanrightsblog.com

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Richard III and Chagossian judicial review claims all dismissed – UK Human Rights Blog

‘The facts of this application for judicial review were set out in David Hart QC’s post on the original permission hearing. To recap briefly, the Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants of Richard III were given the go ahead to seek judicial review of the decision taken by the respondents – the Secretary of State, Leicester Council and Leicester University, regarding his re-interment at Leicester Cathedral without consulting them. More specifically, the claimant’s main case was that there was an obligation, principally on the part of the Ministry of Justice, to revisit or reconsider the licence once the remains had been conclusively identified as those of Richard III.’

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UK Human Rights Blog, 23rd May 2014

Source: www.ukhumanrightsblog.com

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Parents seek judicial review of term-time holiday crackdown – The Guardian

Posted May 27th, 2014 in holidays, judicial review, news, school children by sally

‘Campaigners are seeking permission for a judicial review of the government’s crackdown on parents taking their children out of school during term time.’

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The Guardian, 25th May 2014

Source: www.guardian.co.uk

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Richard III court reburial bid fails – BBC News

Posted May 23rd, 2014 in burials and cremation, judicial review, news, royal family by sally

‘Distant relatives of King Richard III have lost their High Court battle over where his remains should be reburied.’

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BBC News, 23rd May 2014

Source: www.bbc.co.uk

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Richard III: Judicial review decision to be given – BBC News

Posted May 23rd, 2014 in burials and cremation, judicial review, news, royal family by sally

‘The fate of Richard III’s bones could become clearer with the result of a legal challenge due to be given later.’

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BBC News, 23rd May 2014

Source: www.bbc.co.uk

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Legal challenge to controversial herring gull cull dismissed by judge – The Guardian

‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’

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The Guardian, 21st May 2014

Source: www.guardian.co.uk

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The Common Law and the Spirit of Kennedy – Panopticon

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

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Panopticon, 20th May 2014

Source: www.panopticonblog.com

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Abu Hamza – the ten-year battle – Halsbury’s Law Exchange

‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’

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Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

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BSB fails to have barrister’s costs reduced to LiP rate – Legal Futures

‘Barristers who successfully defend themselves in disciplinary proceedings can claim their costs at a rate higher than that of a normal litigant in person, the High Court has ruled in a largely unsuccessful judicial review brought by the Bar Standards Board (BSB).’

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Legal Futures, 19th May 2014

Source: www.legalfutures.co.uk

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Golf course judicial review case reversed on appeal – UK Human Rights Blog

‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’

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UK Human Rights Blog, 18th May 2014

Source: www.ukhumanrightsblog.co.uk

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