Patient funding request for life-saving treatment – Law Society’s Gazette

Posted May 26th, 2022 in cancer, judicial review, medical treatment, news, Wales by sally

‘The case of R (on the application of Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin) [2022] ACD 27 involved a challenge to a refusal to fund potentially life-saving medical treatment. It concerned Maria Wallpott, a 50-year-old woman with a rare form of appendix cancer. Ms Wallpott’s clinicians had recommended that she undergo cytoreductive surgery with hyperthermic intraperitoneal chemotherapy (CRS with HIPEC). This treatment, involving the surgical removal of visible tumour and flushing with a heated chemotherapy agent, was not routinely available in Wales, in contrast to England, Scotland and Northern Ireland. An individual patient funding request (IPFR) was therefore made by Ms Wallpott’s doctor to the Welsh Health Specialised Services Committee (WHSSC), which acted on behalf of the local health board. A WHSSC panel refused the request and maintained its decision on review.’

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Law Society's Gazette, 20th May 2022

Source: www.lawgazette.co.uk

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Does the ‘no substantial difference’ test have to be pleaded? – Monckton Chambers

Posted May 23rd, 2022 in chambers articles, judicial review, news by sally

‘The “no substantial difference” test (“NSD Test”) has been a friend to every defendant, and the thorn in the side of every claimant, for seven years now.’

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Monckton Chambers, 9th May 2022

Source: www.monckton.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

And no extensions – Nearly Legal

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Family of teenager stabbed to death gets judicial review into inquest findings – The Independent

‘The family of a teenager stabbed to death in an upmarket Cheshire village has won the right to have a judicial review into his inquest findings.’

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The Independent, 18th May 2022

Source: www.independent.co.uk

Plight of Afghan judges in spotlight as court hears UK asylum challenge – The Guardian

Posted May 17th, 2022 in Afghanistan, asylum, judicial review, judiciary, news by sally

‘Alleged inconsistencies in the way the UK Home Office and Foreign Office process asylum applications from vulnerable judges in hiding in Afghanistan are being challenged at the high court in London on Tuesday.’

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The Guardian, 17th May 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

2022 c. 35 – Judicial Review and Courts Act 2022

2022 c. 33 – Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022

2022 c. 31 – Health and Care Act 2022

2022 c. 30 – Building Safety Act 2022

Source: www.legislation.gov.uk

Council facing judicial review challenge over approval of plans to double size of poultry farm – Local Government Lawyer

‘A judicial review application has been made against Powys County Council over its decision to grant planning permission for the expansion of a poultry farm that is in the catchment area of a Special Area of Conservation.’

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Local Government Lawyer, 10th May 2022

Source: www.localgovernmentlawyer.co.uk

The Broads: Couple launch legal challenge over water extraction monitoring plans – BBC News

‘A couple who have spent years battling water abstraction in a national park are taking their fight to the High Court.’

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BBC News, 9th May 2022

Source: www.bbc.co.uk

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Judicial Review of Policies – Local Government Law

‘R (All the Citizens) v SoS (2022) EWHC 960 (Admin), a Divisional Court is concerned with whether there is a legal duty, enforceable by judicial review, to create and maintain records so that they are available for posterity, and whether policies are enforceable as a matter of public law.’

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Local Government Law, 4th May 2022

Source: local-government-law.11kbw.com

Boost for public safety as four justice bills receive Royal Assent – Ministry of Justice

‘The government delivers on its pledge to protect the public better and restore confidence in the criminal justice system as four major bills became law today (28 April).’

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Ministry of Justice, 28th April 2022

Source: www.gov.uk

Legal challenge sees decision to close hospital over staffing issues quashed – Local Government Lawyer

Posted April 26th, 2022 in consultations, coronavirus, hospitals, judicial review, news, statutory duty by sally

‘An NHS Trust has conceded, following a judicial review challenge, that its decision to close a hospital over staffing issues partly attributed to pandemic pressures was unlawful.’

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Local Government Lawyer, 25th April 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court to issue ruling next week on lawfulness of voter ID pilot schemes – Local Government Lawyer

‘The Supreme Court will next week (27 April) issue its ruling on whether the voter identification (“ID”) pilot schemes that were implemented in the May 2019 local government elections were lawful.’

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Local Government Lawyer, 21st April 2022

Source: www.localgovernmentlawyer.co.uk

EPA prosecution costs – Nearly Legal

‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’

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Nearly Legal, 18th April 2022

Source: nearlylegal.co.uk

‘£33 quadrillion’ serial litigant given two-year court ban – Law Society’s Gazette

Posted April 14th, 2022 in arbitration, judicial review, news, restraining orders, vexatious litigants by tracey

‘A serial litigant who has “repeatedly advanced baseless allegations of dishonesty and bad faith” in a litany of claims has been banned from bringing claims in the High Court for two years.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers

‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’

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Henderson Chambers, 31st March 2022

Source: www.hendersonchambers.co.uk

High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man – Local Government Lawyer

‘A High Court judge has found Cardiff City Council in contempt of court over its failure to comply with a mandatory injunction in a case concerning future placement planning for a young man with a range of diagnoses including autistic spectrum disorder and severe communication and learning difficulties.’

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Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

Lewis Graham: The Reed Court by Numbers: How Shallow is the ‘Shallow End’? – UK Constitutional Law Association

Posted April 4th, 2022 in constitutional law, judicial review, news, Supreme Court by sally

‘In a recent critical essay for the London Review of Books, Conor Gearty penned a wonderful, if provocative, account of the recent output of the UK Supreme Court, and attributed a substantial amount of influence to its President, Lord Reed. His “commitment to formalism”, said Gearty, has led to a series of decisions which shrink human rights protections, valorise the state and (especially) the government, and “insulate the decision-maker from judicial review” in all but the most extreme circumstances. The Supreme Court, he suggested, is in no danger of being out of its depth; Reed has marshalled the judges to the safe waters of “the shallow end”.’

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UK Constitutional Law Association, 4th April 2022

Source: ukconstitutionallaw.org