Resident wins judicial review challenge over decision on siting of radio masts – Local Government Lawyer

Posted February 21st, 2018 in judicial review, news, planning, telecommunications by tracey

‘A London borough wrongly interpreted the General Permitted Development Order on the siting of radio masts, the High Court has said. Granting an application for judicial review brought by local resident Nigel Mawbey, Lang J said the London Borough of Lewisham had been wrong when it gave permission to Cornerstone Telecommunications Infrastructure to erect the masts.’

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Local Government Lawyer, 20th February 2018

Source: www.localgovernmentlawyer.co.uk

The Landmark Legal Challenge to Universal Credit System Explained – Rightsinfo

Posted February 12th, 2018 in benefits, disabled persons, judicial review, news, social security by tracey

‘A controversial new social security benefit, currently being rolled out across the UK, is facing a major legal challenge. But what’s the challenge all about and what impact might it have?’

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Rightsinfo, 8th February 2018

Source: rightsinfo.org

High Court clarifies ability of local authorities to enter into limited liability partnerships – OUT-LAW.com

‘A local authority acted within its powers when it set up a limited liability partnership (LLP) to deliver a new housing and community scheme, the High Court has ruled.’

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OUT-LAW.com, 9th February 2018

Source: www.out-law.com

John Worboys: Victims can challenge release decision – BBC News

Posted February 7th, 2018 in judicial review, news, parole, release on licence, sexual offences, victims by tracey

‘Two of John Worboys’ victims have been given the go ahead to challenge the decision to release him. The full judicial review hearing will take place in the High Court on 13 March and Worboys will stay in jail until then.’

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BBC News, 7th February 2018

Source: www.bbc.co.uk

Green light given to judicial review of accountable care organisations in NHS – Local Government Lawyer

‘Campaigners including scientist Professor Stephen Hawking have won permission from the High Court to challenge the government’s planned creation of accountable care organisations (ACO) in the NHS.’

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Local Government Lawyer, 1st February 2108

Source: www.localgovernmentlawyer.co.uk

John Worboys’ release put on hold after victims launch legal challenge – The Guardian

Posted January 29th, 2018 in judicial review, news, parole, release on licence, sexual offences, victims by sally

‘The release of John Worboys, the black-cab rapist, has been put on hold after a high court battle to keep him behind bars launched by victims passed its first hurdle.’

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The Guardian, 26th January 2018

Source: www.theguardian.com

Sadiq Khan challenges release of rapist John Worboys – The Guardian

Posted January 26th, 2018 in judicial review, news, parole, rape by sally

‘The mayor of London, Sadiq Khan, is launching legal action to challenge the Parole Board over its decision to release the black-cab rapist John Worboys.’

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The Guardian, 25th January 2018

Source: www.theguardian.com

Air pollution will damage UK health for ‘many years’, court told – The Guardian

‘Air pollution will continue to take a heavy toll on people’s health for many years to come unless the UK government is forced once again to improve its action plan, the high court has been told.’

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The Guardian, 25th January 2018

Source: www.theguardian.com

Press regulator Ipso faces first legal challenges to rulings – The Guardian

Posted January 25th, 2018 in complaints, judicial review, media, news, racism by tracey

‘The Independent Press Standards Organisation is facing the first legal challenges to its rulings, including one over a column in the Sun that referred to “the Muslim problem”.

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The Guardian, 24th January 2018

Source: www.theguardian.com

Newspapers threaten legal action for Worboys parole report – BBC News

Posted January 24th, 2018 in judicial review, media, Ministry of Justice, news, parole, rape, reasons, sexual offences by tracey

‘Two newspapers have threatened legal action if the Parole Board does not publish its reasons for agreeing to release convicted rapist John Worboys.’

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BBC News, 24th January 2018

Source: www.bbc.co.uk

Bookmakers weigh up judicial review against FOBT curbs – The Guardian

Posted January 23rd, 2018 in consultations, gambling, judicial review, news by sally

‘The government could face a high court showdown with bookmakers over fixed-odds betting terminals (FOBTs), amid industry dismay at suggestions that ministers have decided to cut maximum bets on the machines to £2.’

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The Guardian, 22nd January 2018

Source: www.theguardian.com

John Worboys release will not be challenged by government – BBC News

Posted January 19th, 2018 in judicial review, news, parole, rape, sexual offences by tracey

‘The government will not challenge the decision to release rapist John Worboys, the justice secretary says.’

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BBC News, 19th January 2018

Source: www.bbc.co.uk

Deportation of foreign criminals: out of country appeals still lawful – UK Human Rights Blog

Posted January 19th, 2018 in appeals, deportation, human rights, judicial review, news by tracey

‘Nixon & Anor, R (On the Application of) Secretary of State for the Home Office [2018] EWCA Civ 3, 17 January 2018. The Court of Appeal has refused a judicial review application and permission to appeal in two cases where the applicants were required to pursue their challenges to deportation “out of country” rather than in the UK. Where the Secretary of State has rejected a human rights claim, and deportation is considered in the public good – because the deportee is a foreign criminal – there has been debate about the effectiveness of an out-of-country appeal.’

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UK Human Rights Blog, 18th January 2018

Source: ukhumanrightsblog.com

London borough launches judicial review challenge over police station closures – Local Government Lawyer

Posted January 17th, 2018 in judicial review, local government, London, news, police by sally

‘A London borough is to bring a judicial review challenge against the Mayor’s Office for Policing and Crime (MOPAC) and the Commissioner of the Metropolitan Police Service over a decision to close police buildings.’

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Local Government Lawyer, January 2018

Source: www.localgovernmentlawyer.co.uk

The EU Withdrawal Bill and Judicial Review: Are we ready? – UK Human Rights Blog

Posted January 16th, 2018 in bills, constitutional reform, EC law, human rights, judicial review, news by sally

‘A battle cry of the Brexiteers during the referendum campaign was a rousing appeal to restore the supremacy of Parliament: to free our great nation from its subservience to EU law. There is therefore a dispiriting irony that the process of withdrawal that is proposed in the EU Withdrawal Bill will lead to a hollowing out of the authority of Parliament[1]. On an unprecedented scale, it is proposed that Parliament will divest itself of powers in its traditional sphere of authority – that of legislating pursuant to the mandate granted by the electorate – and transfer such powers to the Executive. At the same time, there will be a sapping of Parliamentary power to the Judiciary, who will be required to adjudicate on issues of policy that would be expected to have been determined by the sovereign Parliament, unless some clear interpretative guidance is provided in the approach to be adopted to policy issues that will inevitably arise.’

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UK Human Rights Blog, 15th January 2018

Source: ukhumanrightsblog.com

Court of Appeal refuses to strike out restitutionary s.117 after-care claim – Local Government Lawyer

Posted December 19th, 2017 in appeals, civil procedure rules, judicial review, news, striking out by sally

‘A local authority and a clinical commissioning group have failed to convince the Court of Appeal that a restitutionary claim for payment of after-care services should be struck out as an abuse of process.’

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Local Government Lawyer, 18th December 2017

Source: www.localgovernmentlawyer.co.uk

Stephen Hawking joins lawsuit aimed at foiling Hunt’s NHS shake-up – The Guardian

Posted December 11th, 2017 in budgets, health, judicial review, news by sally

‘Stephen Hawking has reignited his public dispute with Jeremy Hunt by joining a legal action aimed at scuppering an NHS shake-up that he fears will lead to greater privatisation and rationing of resources.’

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The Guardian, 8th December 2017

Source: www.theguardian.com

Still-births; time to pass responsibility to Coroners? – Park Square Barristers

Posted December 8th, 2017 in anonymity, birth, coroners, inquests, judicial review, news by sally

‘On 17th May this year I discussed the Court of Appeal decision in the tragic case of R (on the application of T) v HM SENIOR CORONER FOR THE COUNTY OF WEST YORKSHIRE (2017) EWCA Civ 318 in which the Court of Appeal were asked to deal with an application for judicial review of two decisions of the West Yorkshire Coroner; first to hold an Inquest into the death of a baby who may or may not have been born alive and second not to grant an anonymity order to the baby’s mother. ‘

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Park Square Barristers, 5th December 2017

Source: www.parksquarebarristers.co.uk

Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses – UK Constitutional Law Association

‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’

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UK Constitutional Law Association, 4th December 2017

Source: ukconstitutionallaw.org

Council defeats challenge to decision to add 34 footpaths to definitive map – Local Government Lawyer

‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’

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Local Government Lawyer, 1st December 2017

Source: www.localgovernmentlawyer.co.uk