The gaps in the welfare ‘safety net’ and the scope for using judicial review – Halsbury’s Law Exchange

‘Desmond Rutledge considers the use of judicial review as a remedy of last resort in welfare benefits cases where the claimant is in financial crisis.’

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Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

University tuition fees and discretionary leave to remain – Hardwicke Chambers

‘Recent press coverage1 has highlighted a black hole in the government’s finances concerning student debt. A mis-calculation in the number of graduates who will earn enough to repay their loans has meant that, should the number pass the 48% mark (which appears likely – it is currently at 45%, having already been raised from an initial figure of 28%) the government would have been better off keeping to the £3,000 a year tuition fees regime. Little comfort to those students subject to the £9,000 a year rate of fees, but there is another group of people who view students with access to university loans on any terms as the lucky ones: those with discretionary leave to remain (“DLR”).’

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Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

Spoiling the Broth – NearlyLegal

‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’

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NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange

‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’

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Halsbury’s Law Exchange, 4th April 2014

Source: www.halsburyslawexchange.co.uk

APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures

‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’

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Litigation futures, 12th March 2014

Source: www.litigationfutures.com

Regina (Alansi) v Newham London Borough Council – WLR Daily

Regina (Alansi) v Newham London Borough Council: [2013] EWHC 3722 (Admin);   [2014] WLR (D)  117

‘The court’s approach to the interpretation of statements made by public bodies that were said to give rise to a legitimate expectation required it, inter alia, to ascertain the meaning which the authority’s statements would reasonably convey to the claimant in the light of all the background knowledge which he/she had in the situation in which she was at the time that the statements were made.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Grayling’s proposals for environmental and planning judicial review – UK Human Rights Blog

‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’

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UK Human Rights Blog, 9th February 2014

Source: www.ukhumanrightsblog.com

Can a solicitor be personally liable to pay costs? – Halsbury’s Law Exchange

Posted February 3rd, 2014 in Administrative Court, appeals, costs, fraud, news, solicitors, witnesses by tracey

‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’

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Halsbury’s Law Exchange, 31st January 2014

Source: www.halsburyslawexchange.co.uk

BNP activist Adam Walker challenges lifetime teaching ban – BBC News

‘A British National Party (BNP) activist has taken Education Secretary Michael Gove’s office to court in a bid to overturn a lifetime teaching ban.’

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BBC New, 10th January 2014

Source: www.bbc.co.uk

What use is a Zambrano right of residence? – NearlyLegal

Posted December 11th, 2013 in Administrative Court, appeals, benefits, children, EC law, housing, immigration, news by sally

‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’

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NearlyLegal, 9th December 2013

Source: www.nearlylegal.co.uk

W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off – Family Law Week

“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”

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Family Law Week, 17th November 2013

Source: www.familylawweek.co.uk

Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange

“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

More on JR and Costs – NearlyLegal

Posted November 15th, 2013 in Administrative Court, consent orders, costs, judicial review, news by tracey

“We have been blogging lately about costs in settled JRs and S.204 appeals and we can now report that the Admin Court Office has published guidance on costs following settlement of JR claims. The guidance applies to all consent orders submitted to the Admin Court after 20/11/13. Below is a summary of the main points within the new guidance.”

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Full guidance

NearlyLegal, 14th November 2013

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

Needs, wants and principles – Law Society’s Gazette

“The High Court recently offered a useful starter pack in both planning and administrative law.”

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Law Society’s Gazette, 28th October 2013

Source: www.lawgazette.co.uk

High Court dismisses challenge to PCO in Richard III burial case – Litigation Futures

“The High Court has comprehensively rejected the government’s bid to overturn the grant of a protective costs order (PCO) in favour of campaigners for the reburial of King Richard III in York.”

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Litigation Futures, 18th October 2013

Source: www.litigationfutures.com

BSB statement on Leathley, Mehey, Hayes v Visitors to the Inns of Court – Bar Standards Board

Posted October 16th, 2013 in Administrative Court, barristers, inns of court, judicial review, news, reports by sally

“A Bar Standards Board spokesperson said:

‘The administrative court has today handed down judgment in Leathley, Mehey, Hayes v Visitors to the Inns of Court: three judicial review applications which raised issues arising from the various anomalies revealed in 2011 in relation to the Council of the Inns of Courts’ panel member appointment processes. We are pleased that the court found all but two of the specific challenges made by the Claimants to be totally without merit and refused the applications on the two issues it considered were arguable. The judgment confirms the Bar Standard’s Board’s original view: that most of the historic anomalies, while a matter of great concern to us, did not affect the validity of the findings made in the cases that were potentially affected.'”

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Bar Standards Board, 16th October 2013

Source: www.barstandardsboard.org.uk

Bingham Centre launches independent review of Administrative Court – Litigation Futures

Posted October 3rd, 2013 in Administrative Court, judicial review, legal aid, news by sally

“The Bingham Centre for the Rule of Law has launched its own review of how to improve the conduct of judicial review cases in light of the government’s own proposals.”

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Litigation Futures, 2nd October 2013

Source: www.litigationfutures.com

Administrative Court takes asylum cases out to the regions – The Times

Posted April 9th, 2009 in Administrative Court, news by sally

“London is the legal capital and many big disputes can only be heard in its courts. But from this month hundreds of immigration and asylum cases and challenges to decisions by government or public bodies will be devolved to the regions as four Administrative Court centres open in Birmingham, Cardiff, Leeds and Manchester.”

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The Times, 9th April 2009

Source: www.timesonline.co.uk