Gamekeeper’s environmental Aarhus claim to shoot buzzards? – UK Human Rights Blog

‘An interesting point arose in this judicial review (for which see Rosalind English’s post here). Could the claimant get the benefit of an order that any costs he might have had to pay were capped at £5,000? The original judge, Thirlwall J, when granting permission, had refused this costs protection. Ouseley J granted it, though, because the claimant won, the order is academic (short of a successful appeal by the defendant). ‘

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UK Human Rights Blog, 14th November 2015

Source: www.ukhumanrightsblog.com

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Guidance on appealing Upper Tribunal costs decisions to the Court of Appeal – Free Movement

Posted November 10th, 2015 in appeals, costs, judicial review, law firms, news, tribunals by sally

‘President McCloskey gives guidance on appealing Upper Tribunal costs decisions to the Court of Appeal in the case of R (on the application of Soreefan and Others) v Secretary of State for the Home Department (judicial review – costs – Court of Appeal) [2015] UKUT 594 (IAC).’

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Free Movement, 10th November 2015

Source: www.freemovement.org.uk

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Parents sue Government over sidelining of humanism in Religious Studies – Daily Telegraph

‘Three parents have launched a judicial review against the Government’s decision to sidelining humanism in the Religious Studies curriculum.’

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Daily Telegraph, 8th November 2015

Source: www.telegraph.co.uk

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Where now for the rule of law? – UK Human Rights Blog

Posted October 30th, 2015 in costs, disclosure, judicial review, news, rule of law by sally

‘The reforms to judicial review proceedings in Part 4 of the Criminal Justice & Courts Act 2015 have been closely analysed in a timely report by JUSTICE, the Public Law Project and the Bingham Centre for the Rule of Law.’

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UK Human Rights Blog, 29th October 2015

Source: www.ukhumanrightsblog.com

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Brian May’s request for judicial review into badger cull rejected – BBC News

‘Rock star Brian May’s quest for a judicial review into the legalities of badger culling has failed.’

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BBC News, 26th October 2015

Source: www.bbc.co.uk

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Roseacre Wood fracking row: high court gives go-ahead for judicial review – The Guardian

‘Campaigners in one of the UK’s key fracking battlegrounds have been given the green light to bring a judicial review of Lancashire county council’s decision to allow seismic monitoring equipment at proposed drilling sites.’

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The Guardian, 23rd October 2015

Source: www.guardian.co.uk

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Council to consider costs pursuit after judgment issued in libraries dispute – Local Government Lawyer

‘Lincolnshire County Council has said it will consult its lawyers about the recovery of its costs after a High Court judge set out why in July she rejected a legal challenge to the authority’s plans for its libraries services.’

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Local Government Lawyer, 22nd October 2015

Source: www.localgovernmentlawyer.co.uk

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Criticism of JR process ‘unfounded’, legal charity claims – Law Society’s Gazette

‘Perceptions that judicial review is an ineffective drain on the public purse and frequently abused by claimants are ‘at best misleading and at worst false’, according to a legal charity’s study of 502 cases.’

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Law Society’s Gazette, 19th October 2015

Source: www.lawgazette.co.uk

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Charity Commission and terrorism suspect campaigners Cage in high court – The Guardian

‘The right to fund unpopular causes is at the heart of a key case heard in the high court on Wednesday, in a legal battle that pits controversial campaigners Cage against the charity regulator.’

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The Guardian, 21st October 2015

Source: www.guardian.co.uk

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£150m legal bill for troops just doing their duty – Daily Telegraph

Posted October 20th, 2015 in armed forces, bills, costs, human rights, judicial review, law firms, news, time limits, treaties, war by sally

‘Ministers draw up plans to pull out of the European Convention on Human Rights next time the Armed Forces are sent into combat.’

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Daily Telegraph, 17th October 2015

Source: www.telegraph.co.uk

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Privacy, Patients and Payments – information sharing in the Court of Appeal – Panopticon

‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’

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Panopticon, 16th October 2015

Source: www.panopticonblog.com

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High Court rules bridge is not a sport – BBC News

Posted October 15th, 2015 in appeals, judicial review, news, sport by sally

‘Bridge players who wanted the card game recognised as a sport have lost their High Court battle.’

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BBC News, 15th October 2015

Source: www.bbc.co.uk

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Appealing energy price controls: guidance for beginners from the CMA – Competition Bulletin from Blackstone Chambers

Posted October 12th, 2015 in appeals, competition, consultations, energy, judicial review, news by tracey

‘The CMA recently published its final determinations in two appeals brought by British Gas and Northern Powergrid against Ofgem’s electricity price controls for the next 8 years (decisions here and here). The appeals were the first under section 11C of the Electricity Act 1989 and the CMA’s decisions will therefore be the first port of call for any practitioners considering appeals against not only price controls but also any modifications made by Ofgem to electricity distributors’ licences.’

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Competition Bulletin from Blackstone Chambers, 9th October 2015

Source: www.competitionbulletin.com

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Regina (Nour) v Secretary of State for Defence – WLR Daily

Regina (Nour) v Secretary of State for Defence [2015] EWHC 2543 (Admin); [2015] WLR (D) 392

‘An assessment made by the Secretary of State for Defence under the Government’s Overseas Security and Justice Assistance Guidance was justiciable and subject to the courts’ power of review, save with regard to the assessment of political or reputational risk involved in such assistance. The court would not interfere with an assessment or its conclusion unless satisfied that they were irrational in the Wednesbury sense and ones that no reasonable decision-maker could have made.’

WLR Daily, 28th September 2015

Source: www.iclr.co.uk

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Charging Ahead under the EIR – Panopticon

‘It is difficult to imagine what could possibly have happened yesterday to cause the CJEU’s judgment in Case C-71/14 East Sussex County Council v Information Commissioner (judgment of 6 October 2015) to slip beneath the waves, but for those who spent the day reading, talking and thinking about Safe Harbo(u)rs (presumably something to do with shipping?) East Sussex represents a comforting return to normality, if not mundanity, where the CJEU is asked straightforward questions and it doesn’t quite answer them.’

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Panopticon, 7th October 2015

Source: www.panopticonblog.com

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Limits of judicial review in international relations underlined – UK Human Rights Blog

Posted October 5th, 2015 in human rights, international relations, judicial review, news, Sudan by sally

‘How far are the courts willing to go to intervene in matters of foreign affairs in order to protect human rights? Spoiler: they’re not.’

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UK Human Rights Blog, 2nd October 2015

Source: www.ukhumanrightsblog.com

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Listen very carefully, I shall do this only once – Nearly Legal

‘The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the offer of interim accommodation that was the subject of this judicial review.’

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Nearly Legal, 27th September 2015

Source: www.nearlylegal.co.uk

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Key ruling on charging for property search information out in early October – Local Government Lawyer

‘The Court of Justice of the European Union will in the next fortnight hand down a crucial ruling on local authorities’ ability to charge for access to property search information, it has been reported.’

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Local Government Lawyer, 23rd September 2015

Source: www.localgovernmentlawyer.co.uk

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Sexual harassment and universities’ legal obligations – the government’s new taskforce – Education Law Blog

‘Many of you will have heard about the government’s recent decision to set up a taskforce to tackle violence against women on campus. (See the government press release here.) This move is timeous or long overdue (depending on your viewpoint) in the light of the accumulating momentum of campaigns by various individuals and organisations to highlight the high incidence of sexual violence/harassment on campus.’

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Education Law Blog, 23rd September 2015

Source: www.education11kbw.com

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High court to decide if bridge is a sport – The Guardian

Posted September 22nd, 2015 in judicial review, news, sport by sally

‘A high court judge has been asked to decide whether bridge is a sport after it was refused recognition by Sport England.’

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The Guardian, 22nd September 2015

Source: www.guardian.co.uk

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