Deficient enquiries and accommodation pending review – Nearly Legal

Posted December 19th, 2023 in homelessness, housing, judicial review, local government, news by tracey

‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’

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Nearly Legal, 17th December 2023

Source: nearlylegal.co.uk

Legal action planned over UK’s ‘cruel’ income threshold visa rules – The Guardian

‘Multinational families threatened with division or exile by tough new income thresholds for living together in the UK are planning legal action to overturn the “cruel and inhumane” policy.’

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The Guardian, 17th December 2023

Source: www.theguardian.com

Legal Implications of Doubling the Family Visa Income Requirement – EIN Blog

‘As many readers will be aware, part of the Home Secretary’s recently announced “five-point plan” on immigration included a significant increase to the minimum income threshold for family visas under Appendix FM of the Immigration Rules.’

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EIN Blog, 12th December 2023

Source: www.ein.org.uk

Stonehenge A303 tunnel opponents in second High Court bid – BBC News

Posted December 12th, 2023 in government departments, judicial review, monuments, news, road traffic, roads by sally

‘Campaigners will make a second High Court bid later to try to block a road tunnel project near Stonehenge.’

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BBC News, 12th December 2023

Source: www.bbc.co.uk

Stonehenge campaigners’ last-chance bid to save site from road tunnel – The Guardian

Posted December 11th, 2023 in government departments, judicial review, news, planning, roads by tracey

‘They are a disparate bunch. Archaeologists, environmentalists, historians, transport experts, countryside campaigners and druids. But they will come together in the Strand in central London on Tuesday with a common purpose: to stop the bulldozers from, in their mind, wreaking havoc at one of the UK’s most iconic sites. They will try to convince the high court over three days that the government’s plan to build a two-mile road tunnel close to the great circle of Stonehenge will permanently disfigure a unique and globally important landscape.’

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The Guardian, 11th December 2023

Source: www.theguardian.com

Court of Appeal finds ‘flaws at all levels’ in ECAA case – EIN Blog

Posted December 6th, 2023 in appeals, immigration, judicial review, news by sally

‘The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to the European Community Association Agreement (or “ECAA”) between the UK and Turkey, the first instance decision-maker, the administrative reviewer and even the judge conducting a judicial review had all fallen into error in rejecting Mr Ozmen’s proposal on the basis of a superficial search resulting in wrong factual information about the viability of one potential customer. That flaw had undermined the decision-making at all levels. It was also quite irrational to reject the entire application on the basis of an analysis of evidence about the viability of one customer where the overall scheme of the evidence about four potential customers showed that there was broad demand for Mr Ozmen’s services. Mr Ozmen appealed against the dismissal of his claim for judicial review of the SSHD’s refusal to grant him leave to remain in the UK as a businessperson under the ECAA. He had arrived in the UK having been granted leave to enter as a short-term student in December 2019 and in May 2020, he applied for leave to remain here as a business person. His plan was to work as a mobile barber in and around the town of Glossop (Derbyshire) and he had submitted a detailed proposal with his application. On 15 March 2021, his application was refused and his administrative review application was unsuccessful on 7 February 2022 and he was advised to leave the country.’

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EIN Blog, 5th December 2023

Source: www.ein.org.uk

Chris Packham launches legal challenge over UK’s watering down of climate policies – The Guardian

‘Chris Packham has filed a high court legal challenge to the UK government over its decision to weaken key climate policies.’

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The Guardian, 4th December 2023

Source: www.theguardian.com

Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer

Posted November 30th, 2023 in homelessness, housing, judicial review, local government, mental health, news by sally

‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

High court challenge to ‘constitutionally unprecedented’ UK anti-protest law – The Guardian

‘A new law making it easier for the police to put conditions on peaceful protests is “constitutionally unprecedented” and unlawful, according to a claim filed at the high court in London.’

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The Guardian, 29th November 2023

Source: www.theguardian.com

Lewis Graham: On Ouster Clauses (Again) – UK Constitutional Law Association

Posted November 27th, 2023 in constitutional law, Crown Court, indictments, judicial review, news, sentencing by tracey

‘When we think of the most important ouster clauses in the law of judicial review, we might think of the relevant parts of the Foreign Compensation Order considered in Anisminic, or section 67(8) the Regulation of Investigatory Powers Act, crucial to the decision in Privacy International. We might consider section 2 of the Judicial Review and Courts Act, restricting Cart-type reviews. Or we might look to provisions in the recently-passed Illegal Immigration Act and forthcoming Victims and Prisoners Bill, which purport to shield the respective legislation from certain kinds of review under the Human Rights Act.’

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UK Constitutional Law Association, 23rd November 2023

Source: ukconstitutionallaw.org

High Court to hear six grounds of challenge in Marks & Spencer Oxford Street judicial review – Local Government Lawyer

Posted November 23rd, 2023 in judicial review, news, planning by sally

‘The High Court has agreed to hear a judicial review challenge brought by Marks & Spencer of Michael Gove’s called-in decision to reject the retailer’s planning application to demolish its flagship store on Oxford Street.’

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Local Government Lawyer, 22nd November 2023

Source: www.localgovernmentlawyer.co.uk

Reasonable for protesters to call Iain Duncan Smith ‘Tory scum’, court rules – The Guardian

‘Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has ruled, in a rejection of an attempt to overturn their acquittal.’

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The Guardian, 21st November 2023

Source: www.theguardian.com

Philip Murray: Ouster Clause Redux: The Court of Appeal’s Decision in LA (Albania) – UK Constitutional Law Association

Posted November 21st, 2023 in constitutional law, judicial review, legislative drafting, news, parliament by sally

‘In the summer I wrote on this blog about the Administrative Court’s decision in R (Oceana) v Upper Tribunal [2023] EWHC 791 (Admin). Oceana was the first time the new ‘super ouster clause’ contained in section 11A of the Tribunals, Courts and Enforcement Act 2007 (‘TCEA 2007’), introduced by section 2 of the Judicial Review and Courts Act 2022, fell for judicial consideration, and it was informative to observe how judges responded to the clause in judicial review. But while Oceana raised an important point of constitutional law, namely, Parliament’s ability to exclude judicial review with sufficiently express statutory language, the underlying case in Oceana was a weak one. It was little surprise, therefore, that Oceana did not fall for reconsideration on appeal. However, Saini J’s judgment in Oceana that Parliament is institutionally competent to exclude judicial review in certain circumstances has now come under further judicial scrutiny by the Court of Appeal in R (LA (Albania)) v Upper Tribunal [2023] EWCA Civ 1337. And so it is time for another blog post, addressing again the important question on the effectiveness of ouster clauses and the potential limits of Parliament’s legislative sovereignty.’

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UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case – Garden Court Chambers

‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’

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Garden Court Chambers, 10th October 2023

Source: www.gardencourtchambers.co.uk

Defra’s failure to protect and restore water bodies ‘unlawful’, high court rules – The Guardian

‘The government and environment agency failed in their duty to restore and protect waterways from pollution, the high court has ruled in a significant case that could force an overhaul of the government’s plans.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

Justice accuses Government of seeking to establish blanket anonymity for “junior” civil servants – Local Government Lawyer

‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Government plan to use biomass in breach of Climate Change Act, charity argues – Local Government Lawyer

‘A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.’

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Local Government Lawyer, 15th November 2023

Source: www.localgovernmentlawyer.co.uk

Environmental Law News Update – Six Pump Court

‘“The absence of a suitable test or target for the reduction of Scope 3 emissions”: High Court challenge fails, and the Government Calls for Evidence”.’

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Six Pump Court, 31st October 2023

Source: 6pumpcourt.co.uk

Afghan former interpreter with British army resettles in UK after legal battle – The Guardian

‘An Afghan former interpreter with the British army has resettled in the UK with his family after a lengthy legal battle with the government, more than two years after being initially approved for relocation.’

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The Guardian, 8th November 2023

Source: www.theguardian.com

Interpreting planning permissions – Local Government Lawyer

Posted November 6th, 2023 in interpretation, judicial review, local government, news, planning by tracey

‘A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk