Good enough for jazz: how well does the government need to understand its Paris Agreement obligations? A case of emissions and omissions – UK Human Rights Blog

‘In R (Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14, the Court of Appeal considered the implications of the Paris Agreement on climate change for governmental decision-making in relation to investing in a liquified natural gas project in Mozambique (the “Project”). Sir Geoffrey Vos MR, with whom Lord Justice Bean and Sir Keith Lindblom SPT agreed, dismissed Friends of the Earth’s appeal against the Divisional Court’s decision to dismiss their application for judicial review.’

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UK Human Rights Blog, 24th January 2023

Source: ukhumanrightsblog.com

London borough successfully defends judicial review claim as judge considers interaction between local authority obligations under Care Act 2014 and Housing Act 1996 – Local Government Lawyer

Posted January 17th, 2023 in community care, disabled persons, housing, judicial review, local government, news by sally

‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’

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Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

Raab faces judicial review over criminal legal aid fees – Law Society’s Gazette

‘The Law Society has issued an ultimatum to lord chancellor Dominic Raab over criminal legal aid fees: increase them by the minimum amount recommended by the government-commissioned Bellamy review or face a judicial review.’

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Law Society's Gazette, 11th January 2023

Source: www.lawgazette.co.uk

Judge quashes decision letter over discriminatory impact of housing allocations policy on domestic abuse survivor – Local Government Lawyer

Posted January 6th, 2023 in domestic violence, equality, housing, judicial review, local government, news by tracey

“A High Court judge has ruled that a local authority’s housing allocations policy and its application to a domestic abuse survivor amounted to indirect discrimination.”

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Local Government Lawyer, 5th January 2023

Source: www.localgovernmentlawyer.co.uk

Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR – EIN Blog

Posted January 4th, 2023 in domestic violence, families, human rights, immigration, judicial review, news by sally

‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’

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EIN Blog, 3rd January 2023

Source: www.ein.org.uk

High court rules Rwanda plan is lawful – Free Movement

Posted December 20th, 2022 in asylum, deportation, government departments, immigration, judicial review, news by sally

‘The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no obstacle to the plan proceeding.’

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Free Movement, 19th December 2022

Source: freemovement.org.uk

Kids Company founder cleared to challenge critical watchdog report in court – The Guardian

Posted December 20th, 2022 in charities, Charity Commission, children, inquiries, judicial review, news, reports by sally

‘The founder of the former children’s charity Kids Company, Camila Batmanghelidjh, has won permission to go to the high court to try to overturn a charities watchdog report she claims was unbalanced, unfair and unlawful.’

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The Guardian, 19th December 2022

Source: www.theguardian.com

Ex-leader of London borough fails in High Court challenge over naming in Ombudsman report – Local Government Lawyer

‘A former leader of the London Borough of Haringey has lost a judicial review challenge over a decision by the Local Government and Social Care Ombudsman to name him in a report.’

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Local Government Lawyer, 12th December 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: R (Day) v Shropshire Council (heard 7th December 2022) – UKSC Blog

Posted December 14th, 2022 in appeals, judicial review, local government, news, planning, Supreme Court by sally

‘Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Permacrisis in Public Law? With Sir Jonathan Jones KCB KC – Law Pod UK

‘Emma-Louise Fenelon speaks with Jonathan Jones about recent developments in UK public law and the Constitution. The discussion covers recent political turbulence, the Union, the Northern Ireland Protocol, Judicial Review reforms, Human Rights Act reforms and standards and ethics in public life.’

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Law Pod UK, 12th December 2022

Source: audioboom.com

Appeal Begins For People Fighting For The £20 Uplift In Universal Credit Payments – Each Other

Posted December 8th, 2022 in appeals, benefits, coronavirus, disability discrimination, judicial review, news by sally

‘Two million people on legacy benefits missed out more than £1,500 in extra Universal Credit support payments during the Covid-19 lockdown in the UK. Four claimants brought a challenge to the High Court in November 2021 in relation to the UK government’s failure to apply a similar increase to legacy benefits. Today, the Court of Appeal will heard the case.’

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Each Other, 7th December 2022

Source: eachother.org.uk

Elizabeth A. O’Loughlin, Gabriel Tan and Cassandra Somers-Joce: The Duty of Candour in Judicial Review: The Case of the Lost Policy – UK Constitutional Law Association

Posted December 7th, 2022 in constitutional law, disclosure, government departments, judicial review, news by sally

‘Earlier this year, in a Divisional Court judgment that garnered much attention from public lawyers, the Home Office conceded that its secret and blanket policy of seizing and downloading data from the mobile phones of all those arriving by small boats was unlawful: R (HM, MA and KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin). Having initially denied the existence of the blanket policy as “based on anecdote and surmise” in pre-action correspondence, a position from which the government did not resile following the commencement of judicial review proceedings, the defendant belatedly accepted in advance of the hearing that such a policy did indeed operate between April and November 2020 (para 32). The defendant ultimately accepted that their position prior to this point was “inadvertently inconsistent with the duty of candour” and offered an “unreserved apology” (para 32).’

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UK Constitutional Law Association, 7th December 2022

Source: ukconstitutionallaw.org

Doncaster Sheffield Airport: Judicial review over airport closure refused – BBC News

Posted December 2nd, 2022 in airports, judicial review, local government, news by tracey

‘An application for a judicial review into the decision to shut Doncaster Sheffield Airport has been refused, Doncaster Council has said.’

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BBC News, 1st December 2022

Source: www.bbc.co.uk

UK high court approves Bulb takeover by Octopus Energy – The Guardian

Posted December 2nd, 2022 in administrators, company law, energy, insolvency, judicial review, news by tracey

‘The takeover of the collapsed energy supplier Bulb in a deal which would create the UK’s third largest gas and electricity provider has been approved in a London court.’

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The Guardian, 30th November 2022

Source: www.theguardian.com

Painful lessons about the duty of candour (more on the unlawful seizure of migrants’ mobiles) – UK Human Rights Blog

‘In this first Judgment, the Court analysed powers granted by the Immigration Acts 1971 and 2016 and rejected the Defendant’s erroneous interpretation of the relevant statutory provisions. It then made consequential orders (also reported) including steps to publicise its ruling, given that over 400 phones, still held, could not be linked to any individual migrant.’

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UK Human Rights Blog, 21st November 2022

Source: ukhumanrightsblog.com

Assessment of housing needs and cascading unlawfulness – Nearly Legal

‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’

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Nearly Legal, 20th November 2022

Source: nearlylegal.co.uk

Council threatens Home Office with judicial review after third hotel used to house asylum seekers – Local Government Lawyer

‘Torbay Council has issued a second pre-proceedings letter for a judicial review of the Home Office’s plan to block-book a third hotel in the area in order to accommodate asylum seekers.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

Sex education: Wales’ curriculum legal challenge launched – BBC News

‘Campaigners have taken the Welsh government to court over sex education lessons they claim give prominence to LGBTQ+ themes.’

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BBC News, 16th November 2022

Source: www.bbc.co.uk

Sam Guy: Eroding Public Law’s Exclusions? Charting the Landscape of Crowdfunding in Judicial Review – UK Constitutional Law Association

Posted November 9th, 2022 in constitutional law, judicial review, news by sally

‘The use of crowdfunding to access public law litigation is a matter which attracts much online commentary but has thus far, with notable exceptions, received considerably less rigorous scholarly engagement. Accordingly, several important questions remain unanswered as to the dynamics of crowdfunded litigation – amongst others, who are the actors bringing (and defending) these cases, how much money do cases raise, and how do they fare in the judicial review system? In a recent article published open access in the Modern Law Review, I report the results of an empirical study which charts the landscape of judicial review crowdfunding systematically for the first time. In the study, I analyse 413 crowdfunding pages by people seeking funding for judicial review claims, posted on CrowdJustice, the leading litigation crowdfunding website. Here, I highlight some of the study’s results, and emphasise the difficulties facing prospective litigants in accessing judicial review, even with the advent of crowdfunding, a problem which has, previously on this blog, been termed ‘public law’s disgrace’.’

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UK Constitutional Law Association, 8th November 2022

Source: ukconstitutionallaw.org