High Court case over closure of nurseries dropped – BBC News

Posted November 7th, 2024 in children, consultations, judicial review, local government, London, news by tracey

‘A High Court challenge over plans to close children’s centres in east London has been dropped after the council accepted its consultation was “unlawful”.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

Lawyers’ “serious failings” topped by Court of Appeal errors – Legal Futures

Posted November 4th, 2024 in appeals, delay, immigration, judicial review, news, time limits by tracey

‘The “serious failings” of an immigration claimant’s lawyers in appealing a decision were rendered irrelevant by mistakes in the Court of Appeal office, the court has admitted.’

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Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

Mothers to take DWP to court over ‘inhumane’ benefit rules on non-consensual conception – The Guardian

‘Two mothers who had children as a result of rape or coercion by former partners have been given permission to take the Department for Work and Pensions (DWP) to court for being denied exception to the two-child limit on universal credit.’

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The Guardian, 4th November 2024

Source: www.theguardian.com

Essex car park to be test case for legislation to protect landscapes – The Guardian

‘A commuter car park in Essex is to be one of the first test cases of whether the government will enforce new legislation aimed at protecting national parks and landscapes in England.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

Private schools vote for legal action over VAT plans – BBC News

‘A group representing 1,400 private schools will press ahead with plans for a legal challenge against the government’s introduction of VAT from January, the BBC can reveal.’

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BBC News, 31st October 2024

Source: www.bbc.co.uk

Integrated care board breached duty to provide lawful health care plan: High Court – Local Government Lawyer

‘North Central London Integrated Care Board was in breach of its duty to ensure a severely disabled boy has a lawful health care plan, the High Court has found.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Review led by leading planning barrister sets out recommendations for speeding up handling of legal challenges to major infrastructure projects – Local Government Lawyer

Posted October 29th, 2024 in judicial review, news, planning, reports by tracey

‘Claimants should have fewer “bites at the cherry” when seeking permission for judicial review of development consent orders (DCOs) made under the Nationally Significant Infrastructure Projects (NSIP) regime, an independent review by leading planning barrister Lord Charles Banner KC has recommended.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

119 criminal defence firms warn Lord Chancellor over legal aid – Legal Futures

Posted October 23rd, 2024 in criminal justice, judicial review, law firms, legal aid, Ministry of Justice, news by tracey

‘A group of 119 criminal law firms have warned the government not to mistake their submitting an application for a new legal aid contract for an intention actually to sign it.’

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Legal Futures, 23rd October 2024

Source: www.legalfutures.co.uk

Supreme Court clarifies suitable alternative remedies to judicial review – OUT-LAW.com

Posted October 22nd, 2024 in appeals, human rights, judicial review, news, Northern Ireland, nuisance, Supreme Court by tracey

‘The UK Supreme Court has made it clear that judicial review is generally available to hold regulators to account and ensure they fulfil their functions.’

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OUT-LAW.com, 21st October 2024

Source: www.pinsentmasons.com

Stonehenge conservation group fails in Court of Appeal bid for judicial review of dual carriageway development consent – Local Government Lawyer

Posted October 22nd, 2024 in appeals, historic buildings, judicial review, local government, news, planning, roads by tracey

‘Save Stonehenge World Heritage Site, a conservation group aiming to protect the prehistoric structure, has failed in a judicial review challenge to the previous Government’s decision to approve a £2.5bn road scheme through the site.’

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Local Government Lawyer, 21st October 2024

Source: www.localgovernmentlawyer.co.uk

Unsuitable temporary accommodation and discrimination – Nearly Legal

‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

A Comparative Analysis of Devolved Judicial Review: A Summary – Judicial Review

Posted October 17th, 2024 in devolution, judicial review, news, Northern Ireland, Scotland, Wales by sally

‘Statistical analysis of judicial review is notoriously difficult, in part due to the inconsistency in what is published by official sources which results in a ‘partial account of [judicial] activity’.’

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Judicial Review, 16th September 2024

Source: www.tandfonline.com

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

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Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk

High Court dismisses Judicial Review challenge to council housing allocation scheme – Local Government Lawyer

‘The High Court has dismissed a judicial review challenge to the London Borough of Enfield’s housing allocation scheme, after a claimant contended the scheme was unlawful both on a public law basis and that it breached the anti-discrimination provisions as set out in the ECHR and/or the Equality Act.’

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Local Government Lawyer, 9th October 2024

Source: www.localgovernmentlawyer.co.uk

Council resists claim of indirect sex discrimination in homelessness judicial review – Local Government Lawyer

Posted October 10th, 2024 in homelessness, judicial review, local government, London, news, sex discrimination by sally

‘The London Borough of Tower Hamlets has resisted a claim that a database of homeless applicants either needing or requesting a move to alternative accommodation, was a “waiting list” or means of delaying suitable accommodation being provided, and that it put women at a disadvantage.’

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Local Government Lawyer, 9th October 2024

Source: www.localgovernmentlawyer.co.uk

Former human rights lawyer admits fraud over Iraq war claims – The Guardian

Posted October 1st, 2024 in armed forces, fraud, guilty pleas, Iraq, judicial review, legal aid, news, solicitors by tracey

‘The former human rights lawyer Phil Shiner has pleaded guilty to fraud charges linked to claims made against Iraq war veterans.’

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The Guardian, 1st October 2024

Source: www.theguardian.com

How to Challenge a ‘Clearly Unfounded’ Immigration Decision – EIN Blog

Posted September 30th, 2024 in appeals, asylum, government departments, human rights, immigration, judicial review, news by sally

‘In some circumstances, if your protection and/or human rights claim is refused, your claim may be certified by the Home Office as “clearly unfounded”. In this article we examine what to do next if you are facing this situation. You will be told that you have no right of appeal and that you must now leave the United Kingdom but such a designation is not necessarily the end of your claim in the UK. This article will go through your options if you receive a decision letter from the Home Office which refuses your claim and informs you the claim has been certified as “clearly unfounded”.’

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EIN Blog, 27th September 2024

Source: www.ein.org.uk

Secretary of State for Justice agrees to release dying prisoner on compassionate grounds following legal challenge – No. 5 Barristers Chambers

Posted September 19th, 2024 in chambers articles, early release, health, judicial review, news, prisons, probation by sally

‘On Friday 16 August 2024, following the urgent judicial review proceedings and interim relief application brought by the Prisoners’ Advice Service, instructing Philip Rule KC and Mirren Gidda of No5 Barristers’ Chambers, the Secretary of State for Justice agreed to grant early release on compassionate grounds (‘ERCG’) to a prisoner dying of stage 4 cancer and whose prognosis is just 6 weeks or so expected left to live.’

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No. 5 Barristers Chambers, 20th August 2024

Source: www.no5.com

The Administrative Court Judicial Review Guide 2024 has been published – Courts & Tribunals Judiciary

Posted September 13th, 2024 in Administrative Court, judicial review, news by tracey

‘The Administrative Court Judicial Review Guide 2024, outlining part of the Court’s work, has been published online. The Guide covers all the stages of a claim for judicial review. It is required reading for all those who conduct judicial review cases (whether or not they are lawyers).’

Full guide

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Courts & Tribunals Judiciary, 12th September 2024

Source: www.judiciary.uk

Claimant group wins judicial review over retrospective effect of quashing of pre-commencement condition discharge – Local Government Lawyer

Posted September 12th, 2024 in judicial review, news, planning, retrospectivity by tracey

‘The High Court has found that quashing a pre-commencement condition discharge can have retrospective effect and invalidate the commencement of development.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk