Mikołaj Barczentewicz: Should Cart Judicial Reviews be Abolished? Empirically Based Response – UK Constitutional Law Association

‘The Government adopted a recommendation of the Independent Review of Administrative Law that Cart judicial reviews should be abolished. The reasons given by the Review for that recommendation have been criticised on this blog by Joe Tomlinson & Alison Pickup and by Joanna Bell. The Review (and the Government) claimed that there is only a 0.22% rate of success in Cart judicial reviews (“Cart JRs”), which makes the expenditure of judicial resources on dealing with Cart claims disproportionate. Tomlinson & Pickup and Bell noted that this figure is almost certainly incorrect, but they were not able to say what the true rate of success is due to the unavailability of necessary data. To address that, I conducted an unprecedented empirical study concluding that the success rate of Cart reviews is at least over ten times higher than the Review’s calculation. Here, I briefly summarize the results of my study and argue that in the light of that evidence the Government should propose to put the Cart procedure on a statutory footing, but not abolish it.’

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UK Constitutional Law Association, 5th May 2021

Source: ukconstitutionallaw.org

Immigration removal and an Article 2 inquest – UK Human Rights Blog

‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’

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UK Human Rights Blog, 29th April 2021

Source: ukhumanrightsblog.com

British woman to sue UAE royal she accuses of sexual assault for damages – The Guardian

‘A British woman who accused a senior United Arab Emirates royal of sexually assaulting her has issued a formal claim for damages.’

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The Guardian, 26th April 2021

Source: www.theguardian.com

JR reform backlash intensifies – Law Society’s Gazette

‘Widespread relief that the panel tasked with conducting an independent review of administrative law did not recommend wholesale reform of judicial review proved short-lived when the lord chancellor revealed that the report was just a “starting point”. It quickly became apparent that the government wants to go much further than Lord Faulks’ recommendations.’

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Law Society's Gazette, 26th April 2021

Source: www.lawgazette.co.uk

Tim Sayer: Preserving Judicial Oversight: An Appeal to Self-Interest – UK Constitutional Law Association

‘Boris Johnson’s government takes the view that ours is a time of judicial overreach, necessitating redress in terms of the balance of judicial and executive power. This seems to have been driven by a number of high-profile cases, certain vocal thinktanks which appear to have the ear of government, and a wider constitutional prospectus of enhancing executive power to the detriment of the other branches of state. An endless series of projects and proposals have emerged, designed to remedy the perception of an overmighty judiciary. The Independent Review of Administrative Law, established with a view to curbing the perceived excesses of judicial review, reported recently in relatively tame terms, only to be swiftly followed by a further set of proposals. The Independent Human Rights Act Review potentially paves the way for satiation of long-held Conservative fantasies of amending the Human Rights Act. There are also, if leaks are to be believed, proposals to reform the UK Supreme Court.’

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UK Constitutional Law Association, 21st April 2021

Source: ukconstitutionallaw.org

HS2: Judge orders pause on tree felling at wood that inspired Roald Dahl’s Fantastic Mr Fox – The Independent

‘A High Court judge has ordered HS2 to stop felling trees at a wood that inspired Roald Dahl to write Fantastic Mr Fox, ahead of a hearing into whether the government licences were issued legitimately.’

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The Independent, 17th April 2021

Source: www.independent.co.uk

Procedural fairness: ECO must put suspicions of dishonesty to applicant before refusal says Court of Appeal – EIN Blog

Posted April 8th, 2021 in guilty pleas, immigration, judicial review, news, road traffic offences by sally

‘Following the approach in Balajigari v SSHD [2019] EWCA Civ 673 (discussed here), the Court of Appeal has held that it is arguable that procedural fairness required the entry clearance officer (ECO) to put suspicions of dishonesty to the entry clearance applicant, one Mr Wahid an advocate of the High Court of Sindh, and that UTJ Frances got it badly wrong by thinking that permission should be refused. In 2009, then 21 years old, Mr Wahid was convicted on his guilty plea entered at the first opportunity to a driving offence. He had permitted a friend to drive his car without a licence or insurance. He received a short driving ban and a fine and penalty, both of which were duly paid. He completed his LLB that year and then made an in-time application for further leave to remain as a student. He studied and completed his LLM in March 2011. He was then granted further leave as a student and was then granted a Tier 1 (PSW) migrant until 4 January 2014. While he was travelling from London to Pakistan in July 2012, security officers at Heathrow Airport found a blunt Spanish butterfly knife on a keychain in his bags which was a prohibited item. Security staff apologised when explaining to Mr Wahid that the police needed to be called as a matter of protocol. He was taken to a police station and interviewed. He was not charged. He said that he was informed that no further action would be taken.’

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EIN Blog, 7th April 2021

Source: www.ein.org.uk

UK’s ‘headlong rush into abandoning human rights’ rebuked by Amnesty – The Guardian

‘Amnesty International has published a stark rebuke of the UK government’s stance on human rights, saying that it is “speeding towards the cliff edge” in its policies on housing and immigration, and criticising its seeming determination to end the legal right for the public to challenge government decisions in court.’

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The Guardian, 7th April 2021

Source: www.theguardian.com

Joanna Bell: Digging for Information about Cart JRs – UK Constitutional Law Association

Posted April 1st, 2021 in judicial review, Ministry of Justice, news, statistics, tribunals by tracey

‘Anyone who has ever tried to study judicial review in England and Wales empirically knows it is a little like digging for gold without a metal detector: it is difficult to know where to dig and there is also no guarantee that you will find what you are looking for.’

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UK Constitutional Law Association, 1st April 2021

Source: ukconstitutionallaw.org

Mandatory relief when left in unsuitable temporary accommodation – Nearly Legal

‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’

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Nearly Legal, 28th March 2021

Source: nearlylegal.co.uk

Joe Tomlinson and Alison Pickup: Putting the Cart before the horse? The Confused Empirical Basis for Reform of Cart Judicial Reviews – UK Constitutional Law Association

‘The Independent Review of Administrative Law has now reported. For a review process that was unnecessarily quick, the Expert Panel, led by Lord Faulks QC, has produced a substantial and detailed analysis. The Report has rightly drawn broad support from across the political spectrum—even if the Government’s support for the report has been accompanied by a new consultation which departs from the Report’s findings on various important points. No doubt, the focus will now shift to the new consultation. However, in this post we want to respectfully take issue with one of the firm conclusions of the Panel: that Cart judicial reviews ought to be discontinued on the basis they are a disproportionate use of judicial resource.’

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UK Constitutional Law Association, 29th March 2021

Source: ukconstitutionallaw.org

Legal challenge seeks to stop ministers sending disappearing messages – The Guardian

‘Ministers could be stopped from using self-destructing messages to conduct government business, following a legal challenge supported by an alliance of transparency campaigners and university archivists.’

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The Guardian, 29th March 2021

Source: www.theguardian.com

Ministry of Justice to consult on judicial review reforms including power to suspend quashing orders, removal of ‘Cart judgments’, and procedural changes – Local Government Lawyer

‘The Ministry of Justice has launched a consultation on giving the courts the power to suspend quashing orders, removing so-called “Cart judgments”, and introducing a series of changes to civil procedure rules, following recommendations by the Independent Review of Administrative Law (IRAL) led by Lord Faulks QC.’

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Local Government Lawyer, 19th March 2021

Source: www.localgovernmentlawyer.co.uk

Right to challenge government in courts overhauled – BBC News

‘Plans to change how government decisions are challenged in the courts have been announced by the justice secretary.’

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BBC News, 18th March 2021

Source: www.bbc.co.uk

Covid: Blind woman forces government action in shielding case – BBC News

‘A blind woman who was sent a shielding letter she could not read has won “promising” commitments from the government after a legal challenge.’

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BBC News, 19th March 2021

Source: www.bbc.co.uk

Court of Appeal says judge should have decided issue over statutory construction about timetable for producing amended EHC plans – Local Government Lawyer

‘An Administrative Court judge should have decided a point of statutory construction about the timetable for producing amended education health and care (EHC) plans instead of declining to do so since it was academic, the Court of Appeal has ruled.’

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Local Government Lawyer, 18th March 2021

Source: www.localgovernmentlawyer.co.uk

Michael Foran: Shamima Begum, the Separation of Powers, and the Common Good – UK Constitutional Law Association

‘The Supreme Court has come under significant criticism for its handling of the Shamima Begum case, decided on 26 February. Much has already been said in relation to the deference that the court showed to the executive, with some arguing that it was improper or even a complete abdication of the judicial role itself. This post seeks to clarify what precisely the court did and did not do in relation to the exercise of its constitutional duty to review the legality of executive action. It will suggest that the Court did not engage in any strong deference as to the nature of Begum’s rights nor to the balance to be struck between those rights and the common good. Such questions remained wholly within the purview of the Court. While the Court did pay due respect to the executive’s authority to determine and pursue the common good, this was subject to an assessment of lawfulness. Any deference, if it can even be called deference, was to the rule of law, given both the statutory scheme in question and the common law distinction between review and appeal. The determination of the scope of individual rights entails an exercise of judicial interpretation which seeks to strike an appropriate balance between the applicable legal considerations. It is not deference for the court to include constitutional principles such as the separation of powers within those considerations.’

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UK Constitutional Law Association, 17th March 2021

Source: ukconstitutionallaw.org

High court rejects bid to extend UK’s EU settlement scheme – The Guardian

‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’

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The Guardian, 11th March 2021

Source: www.theguardian.com

Guidance on sex question in UK census must be changed, high court rules – The Guardian

Posted March 10th, 2021 in birth certificates, census, gender, judicial review, news by sally

‘Guidance on the sex question in the UK census must be changed before the official day to complete it on 21 March, a high court judge has ruled.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

Number of judicial review challenges lodged against councils continued downward trend in 2020: Ministry of Justice – Local Government Lawyer

Posted March 10th, 2021 in judicial review, local government, Ministry of Justice, news, statistics by sally

‘The number of judicial review applications received by local authorities in 2020 was down slightly (2.8%) on the previous 12 months, Ministry of Justice data has revealed.’

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Local Government Lawyer, 9th March 2021

Source: www.localgovernmentlawyer.co.uk