UK prisons ‘holding child inmates in solitary confinement against UN torture rules’ – The Independent

‘British prisons are holding child inmates in solitary confinement in an alleged breach of UN torture rules and British law, The Independent has found. Lawyers in one case have launched legal action against the Government in the High Court.’

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The Independent, 21st February 2017

Source: www.independent.co.uk

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Government faces judicial review challenge over contaminated blood payments – Local Government Lawyer

Posted February 20th, 2017 in blood products, damages, health, HIV, judicial review, news by sally

‘The Government is being taken to judicial review over alleged discrimination in its payment scheme for people living with HIV and the Hepatitis C virus.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

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Protective proceedings should not be necessary to maintain right to judicial review of university decisions, court rules – OUT-LAW.com

Posted February 16th, 2017 in complaints, education, judicial review, news, time limits, universities by sally

‘Students wishing to preserve the right to apply for judicial review of a decision by their higher education institution while pursuing independent adjudication need not necessarily apply for protective proceedings, a High Court judge has said.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

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Higher education claims: Court gives general guidance on JR and OIA complaints – Education Blog

‘In three linked cases the Administrative Court has just given important general guidance on the relationship between judicial review proceedings and references to the Office of the Independent Adjudicator for Higher Education. The three linked cases were R (Zahid) v University of Manchester, R (Rafique-Aldawery) v St George’s, University of London, and R (Sivasubramaniyam) v University of Leicester [2017] EWHC 188 (Admin). The cases were decided together by judgment of Mr Justice Hickinbottom delivered on 10 February 2017.’

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Education Blog, 13th February 2017

Source: www.education11kbw.com

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Tom Hickman: Public Law’s Disgrace – UK Constitutional Law Association

Posted February 13th, 2017 in costs, judicial review, legal aid, news by sally

‘What is the most important issue in public law? You might be forgiven for thinking it is the gradation of principles of substantive review, or the proper limits of judicial interventionism, or even the scope of residual prerogative powers. But you would be wrong.’

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UK Constitutional Law Association, 9th February 2017

Source: www.ukconstitutionallaw.org

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Fresh Brexit legal challenge blocked by high court – The Guardian

Posted February 3rd, 2017 in EC law, judicial review, markets, news, parliament, referendums, treaties by sally

‘Two senior judges have blocked a legal challenge to the government’s strategy for leaving the single market and the European Economic Area.’

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The Guardian, 3rd February 2017

Source: www.guardian.co.uk

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English Heritage faces High Court battle over plans to dig underneath medieval tower to add visitor centre – Daily Telegraph

Posted January 30th, 2017 in judicial review, listed buildings, local government, news, planning by sally

‘English Heritage is facing a High Court battle over plans to dig underneath a medieval tower to add a visitor centre.’

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Daily Telegraph, 28th January 2017

Source: www.telegraph.co.uk

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Aarhus Convention update: Government still ignoring private nuisance claims – UK Human Rights Blog

Posted January 27th, 2017 in civil procedure rules, costs, judicial review, news, nuisance, planning by sally

‘In November 2016, the Government responded in rather disappointing terms (here) to a consultation about amending its costs rules in civil cases to reflect the requirements of the Aarhus Convention.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

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Discount rate announcement set to go ahead after ABI loses judicial review bid – Litigation Futures

‘The Association of British Insurers (ABI) has today lost its High Court bid to halt the Lord Chancellor announcing the outcome of the consultation on the discount rate.’

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Litigation Futures, 20th January 2017

Source: www.litigationfutures.com

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Magistrates struggle (again) with the use of imprisonment for non-payment of council tax – by Sam Genen and Sophie Walker – UK Human Rights Blog

‘There is an exceedingly long line of case law, stretching back beyond the days of the community charge (which was of course better known as the Poll Tax). In those cases, the courts have traditionally quashed custodial orders improperly imposed by magistrates for non-payment of council taxes.’

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UK Human Rights Blog, 23rd January 2017

Source: www.ukhumanrightsblog.com

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To me – To you – Nearly Legal

Posted January 16th, 2017 in homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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City council wrongly decided child was not in need, High Court judge rules – Local Government Lawyer

Posted January 16th, 2017 in children, housing, judges, judicial review, local government, news by sally

‘Birmingham City Council acted wrongly when it decided that a child was not in need of accommodation in its area because his mother had recently left the London Borough of Bromley.’

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Local Government Lawyer, 13th January 2017

Source: www.localgovernmentlawyer.co.uk

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Corpse-eating Staffordshire bull terrier gets execution reprieve – BBC News

Posted January 11th, 2017 in dogs, judicial review, news by sally

‘A dog sentenced to death after eating his owner’s body has been given a stay of execution after a judge granted a judicial review.’

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BBC News, 10th January 2017

Source: www.bbc.co.uk

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Terminally ill man who fears becoming ‘entombed’ in his body asks judges to let him die in the first case of its kind in three years – Daily Telegraph

Posted January 9th, 2017 in assisted suicide, human rights, judicial review, news by sally

‘A terminally ill man who fears becoming “entombed” in his body has asked judges to let him die in the first case of its kind in three years.’

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Daily Telegraph, 6th January 2017

Source: www.telegraph.co.uk

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Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

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Theresa May faces new Brexit legal challenge – Daily Telegraph

Posted December 12th, 2016 in constitutional law, EC law, judicial review, news, Supreme Court, treaties, veto by sally

‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’

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Daily Telegraph, 11th December 2016

Source: www.telegraph.co.uk

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UK government faces legal challenge over single market – The Guardian

Posted November 28th, 2016 in EC law, judicial review, markets, news, referendums by tracey

‘Theresa May’s government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit. Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

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When the court should look over the shoulder of a decision-maker – UK Human Rights Blog

Posted November 25th, 2016 in EC law, environmental protection, judicial review, news, pollution by tracey

‘R (ClientEarth No.2) v Secretary of State for Environment, Food & Rural Affairs, Garnham J, 21 November 2016. A quick follow-up ruling to the judgment of 2 November (here) in which the UK’s air pollution plans under EU and domestic laws were found wanting by the Administrative Court. The pollutant was nitrogen dioxide – a major product of vehicle exhaust fumes.’

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UK Human Rights Blog, 23rd November 2016

Source: www.ukhumanrightsblog.com

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Challenges to Heathrow runway and HS2 to be hit by law lifting cap on legal costs – The Guardian

Posted November 18th, 2016 in airports, costs, environmental protection, judicial review, news by sally

‘Environmental legal challenges face being hit by the “chilling effect” of new government rules that remove a cap on claimants’ costs, according to campaigners, lawyers and politicians.’

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The Guardian, 17th November 2016

Source: www.guardian.co.uk

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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.’

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UK Constitutional Law Association, 16th November 2016

Source: www.ukconstitutionallaw.org

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