Legal aid firm loses JR over contract withdrawal – Legal Futures

Posted December 9th, 2019 in contracts, judicial review, law firms, legal aid, news by sally

‘There is no basis for a law firm’s challenge to a Legal Aid Agency (LAA) decision to reject its tender for a legal aid contract, the High Court has ruled.’

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Legal Futures, 9th December 2019

Source: www.legalfutures.co.uk

Trafficked woman loses judicial review challenge amid age assessment confusion – Local Government Lawyer

Posted December 6th, 2019 in judicial review, local government, news, trafficking in human beings by sally

‘A trafficked Vietnamese woman has lost a judicial review against two councils over her age assessment, though the judge involved criticised both authorities for failing to resolve the matter earlier.’

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Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Adam Perry: Enforcing Principles, Enforcing Conventions – UK Constitutional Law Association

‘Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I say yes.’

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UK Constitutional Law Association, 3rd December 2019

Source: ukconstitutionallaw.org

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Jones v Secretary of State for Education – Blackstone Chambers

‘The High Court has given an important decision on governmental powers to supplement statutory procedures with non-statutory guidance and directions.’

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Blackstone Chambers, 3rd December 2019

Source: www.blackstonechambers.com

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

Rendition: refusal to hold UK public inquiry to face judicial review – The Guardian

Posted December 2nd, 2019 in inquiries, intelligence services, judicial review, news, rendition, terrorism, torture by sally

‘The government’s refusal to hold a public inquiry into allegations that the security services were complicit in the torture and abduction of terror suspects after 9/11 is to be subjected to a full scale legal challenge.’

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The Guardian, 2nd December 2019

Source: www.theguardian.com

Landmarks in law: the Brexit court ruling that thwarted Boris Johnson – The Guardian

‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Harry Dunn’s family starts legal action against Foreign Office – The Guardian

Posted November 28th, 2019 in diplomats, government departments, immunity, judicial review, news, road traffic by sally

‘The family of teenage motorcyclist Harry Dunn have launched a legal action against the Foreign Office which they said could cost them “upwards of £50,000”.’

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The Guardian, 28th November 2019

Source: www.theguardian.com

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Holocaust denial, hyperlinks and YouTube: Chabloz again – Law & Religion UK

‘Alison Chabloz was convicted in 2018 at Westminster Magistrates’ Court of three offences contrary to s.127(1) of the Communications Act 2003.

On appeal, in R v Alison Chabloz [2019] Southwark Crown Court 13 February, the issue was whether or not the three songs were “grossly offensive” [2]. She lost.

She then sought to appeal by way of case stated; however, following a hearing in May concerned with how the matter should proceed, the judge refused to state a case and indicated that the proper course was for her to seek permission for judicial review of the written ruling. No such application was ever formally made, although written grounds for judicial review were produced in September 2019. In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin), Coulson LJ sets out the rather confusing procedural history of the case at [2]-[5].

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Law & Religion UK, 20th November 2019

Source: www.lawandreligionuk.com

High court quash coroner’s anonymity ruling and allows family of Andrew Hall to see inquest evidence of police officers – Garden Court Chambers

Posted November 20th, 2019 in anonymity, coroners, inquests, judicial review, news, police by sally

‘On 30 October 2019 the High Court ordered that seven family members be entitled to see 16 West Yorkshire police offers and a custody nurse give evidence at the inquest into the death of Andrew Hall, quashing the coroner’s ruling on anonymity.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

High Court declares trafficking policy unlawful for preventing effective access to victims to be correctly identified in breach of UK’s trafficking obligations – Garden Court Chambers

Posted November 20th, 2019 in judicial review, news, trafficking in human beings by sally

‘The Claimant, DS, is a victim of sexual exploitation and human trafficking. In 2018 the Home Office rejected her claim to have been trafficked. Her lawyers obtained new significant expert evidence in support of her claim and asked the Home Office to reconsider the negative decision. The Home Office refused to consider this request, relying on a policy, which stated that only a First Responder or NRM support provider can make a reconsideration request on behalf of the victim. The Home Office refused to even look at the evidence on this basis. It was only after a court challenge was launched and the Court granted DS permission to proceed with her case to trial that the Home Office agreed to look at her individual decision again, and finally accept that she is a victim of trafficking.’

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Garden Court Chambers, 15th November 2019

Source: www.gardencourtchambers.co.uk

Social media posts referred to police could show up on DBS background checks despite not being a crime – Daily Telegraph

‘Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.’

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Daily Telegraph, 19th November2019

Source: www.telegraph.co.uk

Follower notices invalid, says Court of Appeal – OUT-LAW.com

‘The Court of Appeal in England has quashed follower notices issued to a participant in a film partnership on the basis that tax authority HM Revenue & Customs (HMRC) could not have been of the opinion that the judicial ruling they were based on was relevant to the taxpayer’s case.’

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OUT-LAW.com, 14th November 2019

Source: www.pinsentmasons.com

Council failed to consider impact of proposed retail development on local post office, High Court finds – Local Government Lawyer

Posted November 14th, 2019 in judicial review, local government, news, planning, postal service by tracey

‘Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

General election 2019: Lib Dems launch legal action over ITV debate – BBC News

Posted November 12th, 2019 in elections, judicial review, media, news, political parties by sally

‘The Liberal Democrats are launching a legal challenge against ITV over its decision to exclude their leader from the channel’s election debate.’

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BBC News, 11th November 2019

Source: www.bbc.co.uk

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment – Local Government Lawyer

Posted November 11th, 2019 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Ten years on: how has the Supreme Court fared? – Counsel

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk