Financial Sanction and Free Speech in the High Court – UK Human Rights Blog

‘Graham Phillips, the Claimant, is a British national and video blogger who posts content from the Donbass dressed in Russian military fatigues. He says he is a journalist who provides a “counterbalance” to widespread western misunderstanding of the true situation in Ukraine but the Administrative Court disagrees. On 12 January 2024, it handed down judgment in R (Phillips) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin), in which it upheld the Government’s view that the Claimant is a propagandist for Russia who is lawfully subject to a sanctions regime which allows the state to freeze his assets.’

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UK Human Rights Blog, 25th January 2024

Source: ukhumanrightsblog.com

Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department – UK Human Rights Blog

‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.

In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’

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UK Human Rights Blog, 29th June 2023

Source: ukhumanrightsblog.com

Administrative courts move to in person hearings as general default position – Local Government Lawyer

Posted April 25th, 2022 in Administrative Court, news, remote hearings by sally

‘With effect from 26 April 2022, the general default position in the Administrative Court in Wales and on the Midland, Northern, North-Eastern and Western Circuits will be that hearings will be in person, liaison judges have said.’

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Local Government Lawyer, 22nd April 2022

Source: www.localgovernmentlawyer.co.uk

Just over half of judicial review judgments are available to the public on Bailii: report – Local Government Lawyer

‘Of the 5,408 unique judgments given by the Administrative Court from 1 January 2015 to 31 December 2020, only 55% (3,001) are available to the public on BAILII, research has suggested.’

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Local Government Lawyer, 8th March 2022

Source: www.localgovernmentlawyer.co.uk

Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness – UK Constitutional Law Association

Posted October 12th, 2021 in Administrative Court, bills, compensation, damages, judicial review, news by sally

‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’

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UK Constitutional Law Association, 12th October 2021

Source: ukconstitutionallaw.org

Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021) – UK Constitutional Law Association

‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’

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UK Constitutional Law Association, 23rd September 2021

Source: ukconstitutionallaw.org

Court of Appeal says judge should have decided issue over statutory construction about timetable for producing amended EHC plans – Local Government Lawyer

‘An Administrative Court judge should have decided a point of statutory construction about the timetable for producing amended education health and care (EHC) plans instead of declining to do so since it was academic, the Court of Appeal has ruled.’

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Local Government Lawyer, 18th March 2021

Source: www.localgovernmentlawyer.co.uk

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

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UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

Paul Cleeland case: Government reviews files on 1972 murder – BBC News

‘The Home Office is reviewing its archives to see if any files exist on Paul Cleeland, who has been fighting to clear his name of murder for 47 years.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case – Local Government Lawyer

‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’

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Local Government Lawyer, 5th November 2020

Source: www.localgovernmentlawyer.co.uk

Judge rules challenge to business rates liability orders “totally without merit” – Local Government Lawyer

Posted November 6th, 2020 in Administrative Court, appeals, bankruptcy, local government, news, rates by tracey

‘The Administrative Court has thrown out a challenge to business rates liability orders as being “totally without merit”, and has imposed an extended civil restraint order to limit future litigation by the complainant.’

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Local Government Lawyer, 5th November 2020

Source: www.localgovernmentlawyer.co.uk

POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH

‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’

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5SAH, 30th July 2020

Source: www.5sah.co.uk

R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Social care support and persons subject to immigration control – Local Government Lawyer

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

R (X) v General Medical Council General Medical Council v X – Blackstone Chambers

‘The Administrative Court has handed down judgment in the case of Dr X which raises important issues about the extent to which a regulator may have to modify its usual publication procedures for reporting disciplinary outcomes where the practitioner claims that publication would expose him or her to a real and immediate risk of death.’

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Blackstone Chambers, 11th March 2019

Source: www.blackstonechambers.com

What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

SRA v James: When “I was driven to it” is no defence – 4 New Square

‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’

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4 New Square, 13th November 2018

Source: www.4newsquare.com

Home Office faces High Court hearing over policy on rough sleeping EEA nationals – Local Government Lawyer

‘The High Court is today [21 November] set to begin hearing a judicial review challenge to the Home Office’s policy towards rough sleeping EEA nationals.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Court refuses to quash decision to issue summons for alleged housing offences – Local Government Lawyer

Posted November 8th, 2017 in Administrative Court, documents, judicial review, local government, mistake, news by tracey

‘A minor error on a summons issued by a borough council in relation to alleged Housing Act offences did not invalidate it, the Adinistrative Court has ruled.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

R (C) v Islington LBC – Arden Chambers

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

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Arden Chambers, 31st May 2017

Source: www.ardenchambers.com