Judge quashes decision by Pickles refusing permission for gypsy site – Local Government Lawyer

Posted August 26th, 2015 in gipsies, inquiries, ministers' powers and duties, news, planning by sally

‘A High Court judge has quashed a decision by the former Communities Secretary Eric Pickles to refuse planning permission for a site where a gypsy and his family have lived since 2008.’

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Local Government Lawyer, 25th August 2015

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal overturns prison absconder policy ruling – BBC News

‘A High Court decision that it was unlawful for the government to ban inmates with a history of absconding from being transferred to open prisons has been overturned.

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BBC News, 23rd July 2015

Source: www.bbc.co.uk

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International students – Education Law Blog

‘R (London College of Finance and Accounting) v Secretary of State for the Home Department (2015) EWHC 1688 (Admin) is yet another decision on an attempted judicial review of the suspension and/or revocation of a Tier 4 Sponsor Licence. The power of the Secretary of State (“the SoS”) to issue and regulate Tier 4 Sponsor Licences is one of a range of ancillary and incidental administrative powers vested in the SoS. The regime is effectively run by the ‘UK Visas and Immigration’ (“UKVI”) section within the Home Office and its operation is governed not by the Immigration Act 1971 itself, but within policy guidance documentation (‘Sponsor Guidance’) which is issued and amended on behalf of the SoS with “bewildering frequency” (per Lord Sumption in New London College).’

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Education Law Blog, 18th June 2015

Source: www.education11kbw.com

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Leon Brittan and Geoffrey Dickens’ notes from 1980s released – BBC News

‘Letters from the 1980s have been released, in which MP Geoffrey Dickens called for then-Home Secretary Leon Brittan to ban a pro-paedophilia group.’

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BBC News, 4th June 2015

Source: www.bbc.co.uk

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‘Black Spiders’ case shows need for guidance on FOI veto powers – OUT-LAW.com

‘The UK government must give new guidance to public authorities on when government ministers can exercise powers of veto to prevent the disclosure of information under freedom of information (FOI) laws.’
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OUT-LAW.com, 2nd June 2015

Source: www.out-law.com

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SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

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Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Pham (Appellant) v Secretary of State for the Home Department (Respondent) [2015] UKSC 19 (YouTube)

Supreme Court, 25th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’

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UK Human Rights Blog, 10th April 2015

Source: www.ukhumanrightsblog.com

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Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

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The Guardian, 5th April 2015

Source: www.guardian.co.uk

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Why Evans gets the spiders – Panopticon

‘The Supreme Court’s judgment in R (Evans) v Attorney General [2015] UKSC 21 has received vast amounts of media coverage – more in a single day than everything else about FOI has received in ten years, I reckon. No need to explain what the case was about – the upshot is that Rob Evans gets Prince Charles’ ‘black spider’ letters. Here’s why.’

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Panopticon, 26th March 2015

Source: www.panopticonblog.com

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Regina (Black) v Secretary of State for Justice – WLR Daily

Posted March 10th, 2015 in health, law reports, ministers' powers and duties, prisons, regulations, smoking by tracey

Regina (Black) v Secretary of State for Justice: [2015] EWHC 528 (Admin); [2015] WLR (D) 105

‘The provisions of Chapter 1 of Part 1 of the Health Act 2006 were, by necessary implication, binding on the Crown and so applied to all public places and workplaces within its scope for which the Crown was responsible, including state run prisons.’

WLR Daily, 5th March 2015

Source: www.iclr.co.uk

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Cameron and Clegg’s powers and funding pledge for Wales – BBC News

Posted February 27th, 2015 in devolution, ministers' powers and duties, news, Wales by tracey

‘David Cameron and Nick Clegg will set out plans to transfer more powers from Westminster to Wales on Friday, after months of cross-party talks. They include guaranteed minimum funding for the Welsh government and allowing ministers in Wales to raise cash from the money markets for major projects.’

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BBC News, 27th February 2015

Source: www.bbc.co.uk

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Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

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Judge rules that Mr Pickles unlawfully discriminated against Gypsies and Travellers – Garden Court Chambers Blog

‘Marc Willers QC explores the recent High Court judgment in which it was found that the conduct of Eric Pickles, the Secretary of State for Communities and Local Government, constituted indirect discrimination against Romany Gypsies and Irish Travellers.’

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Garden Court Chambers, 12th February 2015

Source: www.gclaw.wordpress.com

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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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CIA torture report: Theresa May insists she did not demand redactions – Daily Telegraph

‘Theresa May, the Home Secretary, has insisted she did not request any redactions to the American report which exposed graphic details of CIA torture.’

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Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

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Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

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R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Grayling ‘has no understanding of his role’ – Falconer – Law Society’s Gazette

‘Former lord chancellor Lord Falconer has attacked successor Chris Grayling for failing to view his commitment to the rule of law as different to that of any other government minister.’

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Law Society’s Gazette, 22nd October 2014

Source: www.lawgazette.co.uk

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£300,000 on Supreme Court constitutional cases – BBC News

Posted August 11th, 2014 in bills, costs, devolution, ministers' powers and duties, news, Supreme Court, Wales by sally

‘More than £300,000 has been spent by the Welsh and UK governments on three Supreme Court cases about assembly powers, the BBC has learned.’

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BBC News, 10th August 2014

Source: www.bbc.co.uk

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