Two-child limit on benefit claims to be challenged in court – The Guardian

Posted October 18th, 2017 in benefits, children, judicial review, news, tax credits by sally

‘The government is facing a high court challenge to its two-child limit on benefit claims, the basis for the hugely controversial “rape clause” policy, it has emerged.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

News Media Association fails in claim for judicial review of Press Recognition Panel – Transparency Project

Posted October 16th, 2017 in charters, judicial review, media, news, publishing by sally

‘The High Court has rejected NMA’s claim for judicial review of the PRP’s decision to recognise IMPRESS as an independent, charter-compliant press regulator.’

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Transparency Project, 13th October 2017

Source: www.transparencyproject.org.uk

Supreme Court to consider legal standard on adequacy of reasons in planning – Local Government Lawyer

Posted October 2nd, 2017 in judicial review, local government, news, planning, reasons, standards, Supreme Court by sally

‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

Electoral Commission urged to reconsider view on Vote Leave spending – The Guardian

Posted October 2nd, 2017 in elections, judicial review, news, referendums, third parties by sally

‘The Electoral Commission is to be challenged in court to reopen its investigation into £625,000 of spending that eventually reached a digital marketing company during the EU referendum last year.’

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The Guardian, 29th September 2017

Source: www.theguardian.com

Press watchdog’s future in doubt after chief’s anti-Mail tweets – The Guardian

Posted September 29th, 2017 in internet, judicial review, media, news, professional conduct, publishing, reports, standards by sally

‘The future of the only government-approved press watchdog, Impress, is in doubt after an internal report concluded that its chief executive had brought the organisation into disrepute and that his position would be untenable if the Daily Mail and the Sun had applied to join.’

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The Guardian, 28th September 2017

Source: www.theguardian.com

High Court rejects legal challenge to urban extension – Local Government Lawyer

Posted September 22nd, 2017 in EC law, judicial review, local government, news, planning, pollution by sally

‘Two campaigners have failed to win permission from the High Court for judicial review of a planned urban extension to Canterbury on air quality grounds.’

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Local Government Lawyer, 21st September 2017

Source: www.localgovernmentlawyer.co.uk

Aarhus costs cap challenge succeeds – UK Human Rights Blog

‘RSPB, Friends of the Earth & Client Earth v. Secretary of State for Justice [2017] EWHC 2309 (Admin), 15 September 2017, Dove J. In my March 2017 post here, I explained that amendments to the costs rules for public law environmental claims threatened to undo much of the certainty that those rules had achieved since 2013. Between 2013 and February 2017, if you, an individual, had an environmental judicial review, then you could pretty much guarantee that your liability to the other side’s costs would be capped at £5,000 (£10,000 for companies) if you lost, and your recovery of your own costs would be limited to £35,000 if you won. In this way, the rules sought to avoid the cost of such claims becoming prohibitively expensive and thus in breach of Art.9(4) of the Aarhus Convention.’

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UK Human Rights Blog, 16th September 2017

Source: ukhumanrightsblog.com

Leading grammar school ‘unlawfully’ excludes pupils for failing to get top grades – Daily Telegraph

‘A group of sixth form pupils have hired lawyers to take on one of the country’s leading grammar schools for throwing them out when they failed to achieve top grades.’

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Daily Telegraph, 29th August 2017

Source: www.telegraph.co.uk

PKU funding battle: Family wins High Court challenge over drug – BBC News

Posted August 9th, 2017 in autism, children, judicial review, medicines, news by sally

‘The family of a seven-year-old boy whose condition could cause brain damage have won a High Court challenge over an NHS decision not to fund a life-changing drug.’

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BBC News, 8th August 2017

Source: www.bbc.co.uk

Birmingham pub bombing families appeal for legal funding to name IRA suspects – Daily Telegraph

Posted August 7th, 2017 in coroners, identification, inquests, judicial review, news, terrorism by sally

‘Families of those killed in the IRA’s Birmingham pub bombings are crowdfunding a High Court challenge to try to overturn a coroner’s ban on naming the suspect bombers.’

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Daily Telegraph, 4th August 2017

Source: www.telegraph.co.uk

Jackson LJ on costs in all judicial reviews: Aarhus rules to apply – UK Human Rights Blog

Posted August 1st, 2017 in budgets, costs, judicial review, news by sally

‘Jackson LJ is still toiling away at costs issues some 8 years after his main report. The original report changed the whole way in which the civil courts go about working how much, if anything, is due from one side to another at the end of a case – budgets being one key element. The main part of this new report concerns extending fixed costs further.’

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UK Human Rights Blog, 31st July 2017

Source: ukhumanrightsblog.com

Judge refuses permission in latest state aid challenge over sports stadium – Local Government Lawyer

Posted July 19th, 2017 in delay, evidence, judicial review, leases, local government, news, sport, state aids by sally

‘A High Court judge has refused the owners of Coventry City Football Club permission to seek judicial review in their latest state aid challenge over decisions taken by Coventry City Council.’

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Local Government Lawyer, 18th July 2017

Source: www.localgovernmentlawyer.co.uk

Permission for judicial review fails in diverted profits tax case – OUT-LAW.com

Posted July 12th, 2017 in appeals, judicial review, jurisdiction, news, subsidiary companies, taxation by sally

‘Permitting judicial review of the issue of a diverted profits tax (DPT) charging notice would “undermine parliament’s intent”, the High Court has decided in a case concerning oil and gas distributing company, Glencore Energy.’

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OUT-LAW.com, 11th July 2017

Source: www.out-law.com

Revised Benefit Cap Unlawfully Discriminates Against Lone Parents With Children Under Two, High Court Rules – Garden Court Chambers

‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’

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Garden Court Chambers, 22nd June 2017

Source: www.gardencourtchambers.co.uk

Supreme Court rules against the Home Secretary on ‘Deport First, Appeal Later’ – No. 5 Chambers

‘The Supreme Court has allowed appeals in R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 by persons whom the Home Secretary wished to deport even before they had had a chance to appeal to a tribunal on human rights grounds against the deportation decision. It has concluded that the very system of appealing from abroad in such cases simply does not provide an effective right of appeal.’

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No. 5 Chambers, 14th June 2017

Source: www.no5.com

Flushing out Wrongdoing: the DPA and the Publication of Allegations about Toilets – Panopticon

Posted July 3rd, 2017 in data protection, judicial review, local government, news by tracey

‘Local government is an exciting place. And because it is an exciting place, filled with thrusting go-getting types who live on the edge of danger, there is the risk of occasional accusations of wrongdoing. Councillor Hussain, a Labour member, of that parish is the subject of serious allegations – which have not yet been determined – to whit that he procured the sale of some toilets to a person connected to him at an undervalue and that he expunged some parking tickets issued to family members.’

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Panopticon, 30th June 2017

Source: panopticonblog.com

“Real misery is being caused to no good purpose” – Nearly Legal

‘This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim was on the basis that the regulations were discriminatory, either against women as the majority of single parents, or against the children, on the basis that single parents of children under two years old were not able to ‘escape’ the cap by obtaining 16 hours or more a week of employment.’

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Nearly Legal, 25th June 2017

Source: nearlylegal.co.uk

Continuing Duty under s.17 Children Act 1989 – Community Care Blog

Posted June 23rd, 2017 in children, housing, judicial review, local government, London, news, statutory duty by tracey

“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”

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Community Care Blog, 22nd June 2017

Source: communitycare11kbw.com

Government acted unlawfully by restricting ‘ethical’ boycotts of Israel, High Court rules – The Independent

‘The Government acted unlawfully by seeking to restrict “ethical” boycotts of Israel, the High Court has ruled. After accepting a judicial review, the judge said Sajid Javid, the Secretary of State for Communities and Local Government, acted unlawfully in issuing guidance to restrict local councils from pursuing boycott, divestment and sanctions (BDS) against Israel through their pension schemes.’

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The Independent, 22nd June 2017

Source: www.independent.co.uk

Regina (Williams) v Powys County Council – WLR Daily

Regina (Williams) v Powys County Council [2017] EWCA Civ 427

‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk