Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis – UK Constitutional Law Association

Posted February 20th, 2024 in constitutional law, judicial review, judiciary, news, parliament, Supreme Court by tracey

‘In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a Government and Parliament increasingly willing to act with disregard for cardinal constitutional principles such as the rule of law and with certain judges’ growing outspokenness about their intention to resist further attacks on the country’s constitutional fundamentals, determining whether we are indeed in a constitutional crisis has gained great urgency. For if we are already in a crisis, then it may be necessary to take action to prevent the situation from spiralling out of control.’

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UK Constitutional Law Association, 20th February 2024

Source: ukconstitutionallaw.org

ASB and disqualification from the housing register – Nearly Legal

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

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Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk

Police and Crime Commissioner applies for judicial review over “hostile takeover” transfer of powers to Mayor – Local Government Lawyer

Posted February 16th, 2024 in government departments, judicial review, local government, news, police by sally

‘The West Midlands Police and Crime Commissioner (PCC), Simon Foster, has launched a judicial review challenge against the Home Secretary over the decision to transfer the PCC’s powers to the West Midlands Mayor.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

High Court rejects judicial review over adequacy of accommodation, policy on permitting animals – Local Government Lawyer

Posted February 15th, 2024 in animals, homelessness, housing, judicial review, local government, news by sally

‘A vulnerable man and woman who needed to be housed with their dog have lost a case in the High Court, with a deputy judge telling them judicial review had been an inappropriate route for much of the case.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Legal challenge over plans to relax sewage laws for housebuilders in England – The Guardian

‘The government is facing a legal challenge over plans to permit housebuilders in England to allow sewage pollution “through the back door”.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

City council facing second judicial review challenge over tree felling – Local Government Lawyer

Posted February 13th, 2024 in consultations, judicial review, local government, news, planning, trees by tracey

‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Claimant wins appeal over lawfulness of housing needs assessment while care proceedings ongoing – Local Government Lawyer

Posted February 8th, 2024 in children, disabled persons, housing, judicial review, local government, news by sally

‘The Royal Borough of Windsor and Maidenhead has lost a High Court judicial review case over whether it correctly assessed the housing needs of a family with two children who have severe disabilities.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Government in court over chicken poo in River Wye – BBC News

Posted February 8th, 2024 in agriculture, government departments, judicial review, news, pollution, water by sally

‘Campaigners are taking the Environment Agency to court, accusing it of not stopping chicken manure polluting the River Wye.’

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BBC News, 8th February 2024

Source: www.bbc.co.uk

‘I feel rejected’: Windrush Scandal victim granted judicial review after Home Office refused compensation – The Independent

‘A member of the Windrush generation who was wrongly denied entry to the UK and sent to Jamaica has been granted a judicial review of his case.’

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The Independent, 4th February 2024

Source: www.independent.co.uk

MoJ to press ahead with fixed costs changes amid JR threat – Legal Futures

‘The Ministry of Justice (MoJ) is pressing ahead with reforms to the fixed recoverable costs (FRC) regime that came into force in October, opening the door to a possible court challenge.’

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Legal Futures, 2nd February 2024

Source: www.legalfutures.co.uk

DPP appeals to supreme court in case of protesters who called MP ‘Tory scum’ – The Guardian

‘The director of public prosecutions is appealing to the supreme court in an ongoing and expensive battle to overturn the acquittal of two protesters found to have acted reasonably in calling Iain Duncan Smith “Tory scum”.’

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The Guardian, 31st January 2024

Source: www.theguardian.com

Criminal legal aid “coming apart at the seams”, High Court says – Legal Futures

‘Two High Court judges have described the system of criminal legal aid as “slowly coming apart at the seams” and reliant on solicitors’ goodwill and sense of public duty.’

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Legal Futures, 1st February 2024

Source: www.legalfutures.co.uk

The legality of the new minimum income requirement – EIN Blog

‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’

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EIN Blog, 31st January 2024

Source: www.ein.org.uk

Onshore wind policy in England subject to legal challenge – OUT-LAW.com

Posted January 29th, 2024 in climate change, energy, government departments, judicial review, news, planning by sally

‘The UK government’s decision to omit onshore wind projects from the types of energy infrastructure projects that can generally be considered as ‘nationally significant infrastructure projects’ (NSIPs) under planning policy applicable in England is subject to a new legal challenge.’

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OUT-LAW.com, 26th January 2024

Source: www.pinsentmasons.com

Case Comment: Independent Workers Union of Great Britain v Central Arbitration Committee and Anor [2023] UKSC 43 – UKSC Blog

‘In this post, Liz Jackson, Trainee Solicitor, and Max Wiktorsson, Associate, in the Employment Team at CMS, comment on the decision from the Supreme Court in Independent Workers Union of Great Britain v Central Arbitration Committee and Anor. [2023] UKSC 43. The case was heard by the Supreme Court on 25 and 26 April 2023 and judgment was handed down on 21 November 2023.’

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UKSC Blog, 23rd January 2024

Source: ukscblog.com

Judge dismisses challenge to planning permission for school redevelopment amid noise concerns – Local Government Lawyer

Posted January 19th, 2024 in judicial review, local government, news, noise, planning, school children by sally

‘Residents who claimed councillors at the Royal Borough of Kensington and Chelsea were given “significantly misleading” advice from a planning officer before approving planning permission for the redevelopment of a site for a school have failed in a judicial review bid of the decision.’

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Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

London council estate resident wins battle over misuse of planning law – The Guardian

Posted January 18th, 2024 in housing, judicial review, local government, news, planning by sally

‘A woman who fought the gentrification of the south London council estate that has been her home for 30 years has won a high court battle against the local authority for its misuse of planning law.’

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The Guardian, 17th January 2024

Source: www.theguardian.com

Top London school taken to high court over prayer ban – The Guardian

Posted January 17th, 2024 in equality, human rights, judicial review, news, school children, teachers by sally

‘One of England’s highest performing state schools, famed for its top results, strict discipline code and charismatic headteacher, has been challenged in the high court for its policy of banning prayer rituals on school premises.’

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The Guardian, 16th January 2024

Source: www.theguardian.com