Local authority’s ‘benefit tourism’ rule discriminated against residents – The Guardian

‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’

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The Guardian, 30th July 2014

Source: www.guardian.co.uk

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Natasha Simonsen:Government cannot use a ‘statutory back door’ to implement major changes to legal aid services, Divisional Court says – UK Constitutional Law Association

Posted July 17th, 2014 in human rights, legal aid, news, ultra vires by tracey

‘In a judgment released yesterday a Divisional Court unanimously struck down the government’s attempt to introduce a residence test for eligibility for legal aid, finding it incompatible with the objective of the Legal Aid, Sentencing and Punishment of Offenders Act (“LASPO”). The ratio of the judgment was that the residence test had been introduced via an amendment to the schedule in the Act (that is, via subsidiary legislation) that was not compatible with the objective of the primary legislation. While that sounds like a rather technical decision, it has important ramifications for democratic accountability. It means, in essence, that if the government wants to make such a drastic change as this, it will need to do so via an amendment to the Act itself, with the full Parliamentary debate that that would entail. The case is also interesting because of the two rights-based grounds that were argued before it. The first, that the introduction of a residence requirement violated the fundamental right of access to a court, the court declined to engage with. The second was that residence was not a lawful ground for discriminating in the provision of legal aid between equally meritorious claims. The court accepted this claim, but apparently in obiter dicta, since only the statutory construction point was strictly required to reach the outcome.’

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UK Constitutional Law Association, 17th July 2014

Source: www.ukconstitutionallaw.org/blog

 

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My Left Shin – NearlyLegal

Posted July 17th, 2014 in appeals, human rights, legal aid, news, regulations, ultra vires by tracey

‘In years to come, we may all wonder what all the fuss was about, but Tuesday’s judgement in R (Public Law Project) v the Secretary of State for Justice has provided some relief and not a little amusement to legal aid practitioners girding themselves for yet another grim landmark in the legal aid story: the residence test.’

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NearlyLegal, 17th July 2014

Source: www.nearlylegal.co.uk/blog/

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Legal aid residence test held ‘discriminatory and unlawful’ – LegalVoice

Posted July 17th, 2014 in human rights, legal aid, news, ultra vires by tracey

‘The Administrative Court has declared that the proposed residence test for civil legal aid is discriminatory and unlawful, following a successful judicial review challenge against the Secretary of State for Justice. The case was brought by the Public Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into UK law by the Human Rights Act 1998.’

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LegalVoice, 16th July 2014

Source: www.legalvoice.org.uk

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Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening) – WLR Daily

Posted July 17th, 2014 in civil justice, law reports, legal aid, regulations, ultra vires by tracey

Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening); [2014] EWHC 2365 (Admin); [2014] WLR (D) 316

‘The proposed statutory instrument, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014, amending Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by introducing a residence test, was unlawful as it was ultra vires and discriminatory.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

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The non-residents legal aid case – LC advised to go for the ball, not for his opponent’s shins – UK Human Rights Blog

Posted July 16th, 2014 in human rights, jurisdiction, legal aid, news, ultra vires by tracey

‘Public Law Project v Secretary of State for Justice [2014] EWHC 2365. Angela Patrick of JUSTICE has provided an excellent summary of this important ruling, which declared a proposed statutory instrument to be ultra vires the LASPO Act under which it was to have been made. The judgment is an interesting one, not least for some judicial fireworks in response to the Lord Chancellor’s recourse to the Daily Telegraph after the hearing, but before judgment was delivered.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

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Plan to stop non-residents getting Legal Aid is unlawful, rules High Court – UK Human Rights Blog

‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

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Legal aid residence test ‘discriminatory and unlawful’, high court rules – The Guardian

Posted July 15th, 2014 in appeals, civil justice, legal aid, news, regulations, ultra vires by tracey

‘The government’s attempt to introduce a residence test for legal aid has been struck down by the high court on the grounds that it is discriminatory and unlawful.’

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The Guardian, 15th July 2014

Source: www.guardian.co.uk

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Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

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R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014] UKSC 35 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Hamnett v Essex County Council – WLR Daily

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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Castle v Crown Prosecution Service – WLR Daily

Posted January 30th, 2014 in law reports, road traffic offences, ultra vires by sally

Castle v Crown Prosecution Service [2014] WLR (D) 33

‘A traffic order permitting the imposition of variable speed limits, which had been signed by an employee of the Highways Agency acting as the alter ego of the Secretary of State, was not ultra vires section 14 of the Road Traffic Regulation Act 1984.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

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

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by tracey

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

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Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another;  Regina (Save Lewisham Hospital Campaign Ltd) v Same and another: [2013] EWCA   [2013] WLR (D)  430

“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”

WLR Daily, 8th November 2013

Source: www.iclr.co.uk

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Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same [2013] EWHC 2329 (Admin); [2013] WLR (D) 331

“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

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In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents – WLR DAily

Posted August 1st, 2013 in appeals, fees, law reports, patents, time limits, ultra vires by sally

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents [2013] EWCA Civ 890; [2013] WLR (D) 315

“Paragraph 5 of Schedule 4A of the Patents Act 1977, rule 116 of the Patents Rules 2007 and rule 6 of the Patents (Fees) Rules 2007 imposed a regime for the payment of annual fees in accordance with article 12 of Council Regulation (EEC) No 1768/92 and Council Regulation (EC) No 469/2009. The reference to Council Regulation (EEC) No 1768/92 in section 128B of the 1977 Act could be construed as a reference to the Council Regulation (EC) No 469/2009.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

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Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted January 18th, 2013 in consumer protection, contracts, deposits, law reports, ultra vires by tracey

Swift (trading as A Swift Move) v Robertson: [2012] EWCA Civ 1794;   [2013] WLR (D)  11

“Where a contract between a consumer and a trader for the supply of goods or services was made during a visit to the consumer’s home the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 applied, irrespective of whether there had been earlier negotiations between the parties at the consumer’s home.”

WLR Daily, 15th January 2013

Source: www.iclr.co.uk

 

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Housing benefit changes challenged in high court – The Guardian

Posted December 18th, 2012 in benefits, housing, news, social security, ultra vires by sally

“The coalition’s decision to break the link between the cost of renting and housing benefit payments is being challenged in the high court.”

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The Guardian, 17th December 2012

Source: www.guardian.co.uk

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White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

Posted December 13th, 2012 in illegality, law reports, licensing, local government, planning, ultra vires by sally

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

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Government should have consulted Child Poverty Commission on welfare strategy – UK Human Rights Blog

Posted October 2nd, 2012 in consultations, judicial review, news, ultra vires by sally

“The government had acted unlawfully by removing the Child Poverty Commission, an advisory body set up under the Child Poverty Act 2010 . They had also acted beyond their powers by preparing a child poverty strategy without having requested and having regard to the advice of that Commission. But government is free to formulate new policy and as such there was nothing irrational about the strategy itself.”

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UK Human Rights Blog, 2nd October 2012

Source: www.ukhumanrightsblog.com

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