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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

Sarah Nason: Justice Outside London? An Update on ‘Regional’ Judicial Review – UK Constitutional Law Association

Posted November 17th, 2016 in Administrative Court, constitutional law, courts, judicial review, news by sally

‘In April 2009 Administrative Courts were established in Birmingham, Cardiff, Leeds and Manchester to deal with judicial review claims and other aspects of the Administrative Court’s jurisdiction. An important aim of this reform was to improve access to justice by ensuring that public law claims are issued and heard at the most appropriate location. In this post I consider some recent data relevant to whether the ‘regional’ Courts are continuing to achieve this aim in 2016.’

Full story

UK Constitutional Law Association, 16th November 2016

Source: www.ukconstitutionallaw.org

Administrative Court Judicial Review Guide 2016: Help for persons representing themselves (“litigants in person”)? – Cloisters

Posted August 25th, 2016 in Administrative Court, courts, judicial review, litigants in person, news by sally

‘In this blog I consider the Administrative Court’s Judicial Review Guide 2016 (“the Guide”). It is undoubtedly a massive help for solicitors, barristers and other legal advisers who are dealing with judicial review claims even on an infrequent basis. How much help can it be for a litigant in person?’

Full story

Cloisters, 1st August 2016

Source: www.cloisters.com

Hillsborough: the key lessons for our justice system – Law Society’s Gazette

‘What can lawyers learn from the tortuous 27-year struggle for justice?

Full story

Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

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.’

Full story

Law Society’s Gazette, 19th October 2015

Source: www.lawgazette.co.uk

Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

Full story

No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Unlawful for Home Office to ignore expert evidence in trafficking decisions – Free Movement

‘The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the Home Department [2015] EWHC 1490 (Admin), quashing a decision not to recognize AB as a victim of human trafficking for the purposes of the Council of Europe Convention on Action against Trafficking (CAT), and mandating that the Secretary of State remake that decision.’

Full story

Free Movement, 27th May 2015

Source: www.freemovement.org.uk

Tom Hickman and Maurice Sunkin: Success in Judicial Review: The Current Position – UK Constitutional Law Association

‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’

Full story

UK Constitutional Law Association, 20th March 2015

Source: www.constitutionallaw.org

Speech by HHJ Jarman: Administrative Court in Wales – Challenges and Opportunities – Judiciary of England and Wales

‘His Honour Judge Jarman QC gave a speech “Administrative Court in Wales: Challenges and Opportunities” at Swansea University on 19 November 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

Speech by Mr Justice Hickinbottom: Administrative Court in Wales – Evolution or Revolution – Judiciary of England and Wales

‘The Hon Mr Justice Hickinbottom gave a speech at The First Administrative Court in Wales Lecture on “Administrative Court in Wales – Evolution or Revolution” on 20 February 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

Illegal occupation is no bar to adverse possession – NearlyLegal

Posted February 20th, 2015 in Administrative Court, adverse possession, appeals, news by sally

‘The Court of Appeal considered the clash of s.144 LASPO and the rules on adverse possession, on appeal from the Administrative Court. Our report on the Admin Court judgment is here, and, to be honest, I’m not sure that the Court of Appeal adds much to that judgment. Much the same arguments were rehearsed and much the same conclusion is reached.’

Full story

NearlyLegal, 19th February 2015

Source: www.nearlylegal.co.uk

The Lord Chief Justice’s Report 2014 – Judiciary of England and Wales

‘The Lord Chief Justice has today laid his annual report before Parliament. His report looks back at the past 12 months and explains how the judiciary have administered justice across all jurisdictions by focusing on key priorities.’

Full report

Judiciary of England and Wales, 15th December 2014

Source: www.judiciary.gov.uk