Administrative Court – Page 2

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

Posted June 9th, 2016 in Administrative Court, barristers, bereavement, coroners, disclosure, documents, families, human rights, inquests, news, police, professional conduct, solicitors, sport, time limits, unlawful killing by sally

‘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

Posted October 21st, 2015 in Administrative Court, charities, immigration, judicial review, local government, news, statistics by sally

‘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

Posted September 7th, 2015 in Administrative Court, appeals, case management, Court of Protection, declaratory judgment, disabled persons, human rights, jurisdiction, news, statutory duty by sally

‘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

Posted May 27th, 2015 in Administrative Court, asylum, expert witnesses, government departments, human rights, news, trafficking in human beings by sally

‘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

Posted March 23rd, 2015 in Administrative Court, judicial review, Ministry of Justice, news, statistics by sally

‘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

Posted March 9th, 2015 in Administrative Court, bills, judicial review, landlord & tenant, planning, rent, speeches, Wales by tracey

‘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

Posted March 9th, 2015 in Administrative Court, asylum, courts, human rights, immigration, jurisdiction, planning, proportionality, speeches, Wales by tracey

‘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

Posted December 15th, 2014 in Administrative Court, civil justice, courts, criminal justice, family courts, judiciary, legal profession, reports by tracey

‘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

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

Posted October 22nd, 2014 in Administrative Court, appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

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

Posted August 6th, 2014 in Administrative Court, benefits, budgets, disciplinary procedures, judicial review, news by sally

‘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.’

Full story

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

Posted July 16th, 2014 in Administrative Court, consultations, equality, human rights, interpretation, jurisdiction, legal aid, news, ultra vires by tracey

‘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.’

Full story

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

Posted July 16th, 2014 in Administrative Court, appeals, asylum, charities, detention, Equality and Human Rights Commission, human rights, immigration, judicial review, law reports by tracey

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

Posted May 12th, 2014 in Administrative Court, appeals, children, debts, fees, immigration, loans, news, universities by sally

‘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”).’

Full story

Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

Spoiling the Broth – NearlyLegal

Posted April 16th, 2014 in Administrative Court, disabled persons, elderly, equality, food, health & safety, homelessness, judicial review, licensing, local government, news by tracey

‘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.’

Full story

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

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

Posted April 7th, 2014 in Administrative Court, civil procedure rules, disability discrimination, disabled persons, equality, judicial review, legal aid, news, prisons, proportionality by sally

‘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.’

Full story

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

Posted March 12th, 2014 in Administrative Court, cancer, compensation, damages, data protection, disclosure, employment, HM Revenue & Customs, inquests, judicial review, jurisdiction, news, solicitors by tracey

‘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.’

Full story

Litigation futures, 12th March 2014

Source: www.litigationfutures.com

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

Posted March 12th, 2014 in Administrative Court, housing, interpretation, law reports, local government by tracey

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