Judge rejects legal challenge over £27.4bn roads programme – Local Government Lawyer

‘The High Court has thrown out a campaign group’s legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

A Coalition Of Over 200 Organisations Condemns Proposed Changes To Judicial Review – Each Other

Posted July 29th, 2021 in bills, charities, government departments, human rights, judicial review, news by sally

‘In an unprecedented move, a coalition of more than 220 organisations has condemned proposed changes to judicial review and the Human Rights Act, including EachOther UK.’

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Each Other, 28th July 2021

Source: eachother.org.uk

Maintained school wins High Court challenge over refusal by Education Secretary to revoke academy order – Local Government Lawyer

‘The governing body of a primary school in Walsall has won a High Court challenge over the Secretary of State for Education’s refusal to revoke an academy order.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

Activists lose legal bid to stop £27bn roads plan for England – The Guardian

‘Campaigners have lost a legal challenge to the government’s £27bn roadbuilding programme after the high court dismissed their application for a judicial review.’

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The Guardian, 26th July 2021

Source: www.theguardian.com

Time spent in the UK as a visitor counts as ‘residence’ for ILR – EIN Blog

‘On the important subject of indefinite leave to remain (ILR) on the grounds of 10 years’ continuous residence, the Court of Appeal has held that the SSHD had erred in refusing an ILR application made by Mr Chandra Mungur – a citizen of Mauritius – because it could not be said that he had “left the United Kingdom in circumstances in which he had no reasonable expectation at the time of leaving that he would lawfully be able to return” during the period relied upon as 10 years’ continuous residence. While Mr Mungur had left the UK in 2001 following expiry of his visit visa, he had done so with the intention and expectation of lawfully returning as soon as possible under a student visa. Mr Mungur had obtained a visitor visa valid from 22 March 2001 to 22 September 2001. He entered the UK as a visitor on 16 April 2001 and left on 1 September 2001 “to return to Mauritius to apply for Entry Clearance as a student”. That application was granted on 25 September 2001 and was valid until 25 September 2003. On 5 October 2001, he entered the UK again and by a succession of applications he applied for and was granted further leave to remain successively first as a student and then as a work permit holder. He remained lawfully in the UK from 25 September 2003 until 13 July 2011. He overstayed for 1,947 days when his leave to remain expired on 13 July 2011 until 10 February 2016.’

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EIN Blog, 23rd July 2021

Source: www.ein.org.uk

Tom Hickman QC: Quashing Orders and the Judicial Review and Courts Act – UK Constitutional Law Association

‘Despite commissioning a wide-ranging review of administrative law, the Judicial Review and Courts Bill 2021, unveiled this week, does not include restrictions on judicial review that many had feared. Indeed, it says relatively little about judicial review.’

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UK Constitutional Law Association, 26th July 2021

Source: ukconstitutionallaw.org

More than 220 groups criticise UK review of Human Rights Act – The Guardian

Posted July 23rd, 2021 in bills, charities, human rights, judicial review, news, trade unions by sally

‘An “unprecedented” coalition of more than 220 organisations has attacked proposed changes to the Human Rights Act and judicial review as a threat to freedom and justice.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com

High Court gives green light for challenge to DWP consultation on development of new strategy for disabled people – Local Government Lawyer

‘The High Court has allowed four disabled individuals to bring a judicial review challenge of how the Secretary of State for Work and Pensions, Thérèse Coffey, conducted the consultation on a proposed new national strategy for people with disabilities.’

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Local Government Lawyer, 23rd July 2021

Source: www.localgovernmentlawyer.co.uk

Case Comment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’

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UKSC Blog, 21st July 2021

Source: ukscblog.com

The Judicial Review Bill Poses Amendments Which Could Harm Migrants and the Marginalised- Each Other

Posted July 22nd, 2021 in amendments, appeals, asylum, bills, immigration, judicial review, news by sally

‘The Judicial Review and Courts Bill, to be published on Wednesday 21 July, could impinge on individuals’ rights to challenge public bodies.’

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Each Other, 21st July 2021

Source: eachother.org.uk

Judicial review: Plan to reform scrutiny by courts revealed – BBC News

‘The government is pressing ahead with plans to limit how the public can legally challenge official decisions, despite fears it will damage justice.’

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BBC News, 21st July 2021

Source: www.bbc.co.uk

Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs – Local Government Lawyer

‘The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.’

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Local Government Lawyer, 19th July 2021

Source: www.localgovernmentlawyer.co.uk

Equalities watchdog to hold inquiry into methods of challenging decisions about adult social care – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has launched an inquiry that will consider the effectiveness of existing methods of challenging local authority decisions about individuals’ entitlements to adult social care or support in England and Wales, including – but not limited to – complaints to local authorities and Ombuds, and judicial review.’

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Local Government Lawyer, 19th July 2021

Source: www.localgovernmentlawyer.co.uk

Charity launches legal challenge against UK’s foreign aid cuts – The Guardian

Posted July 19th, 2021 in budgets, charities, government departments, judicial review, news by michael

‘A charity has launched a legal challenge against Boris Johnson’s £4bn of cuts to the foreign aid budget which critics warn will cause significant suffering to some of the world’s poorest people.’

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The Guardian, 16th July 2021

Source: www.theguardian.com

DWP admits wrongly putting pressure on disabled people to accept low benefit offers – The Independent

‘The government has admitted it put disabled benefit claimants under pressure to accept lower welfare support than they were legally entitled to.’

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The Independent, 14th July 2021

Source: www.independent.co.uk

Court scolds QC but decides against referring him to BSB – Legal Futures

Posted July 9th, 2021 in barristers, brexit, judicial review, news, queen's counsel by michael

‘A QC who misused the urgent applications procedure for a Brexit-related judicial review has been ticked off by the Divisional Court but escaped being referred to the Bar Standards Board (BSB).’

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Legal Futures, 9th July 2021

Source: www.legalfutures.co.uk

Woman with Down’s syndrome takes Sajid Javid to court over abortion law – The Guardian

‘Allowing pregnancy terminations up to birth if the foetus has Down’s syndrome is discriminatory and stigmatises disabled people, the high court has heard.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Good Law Project’s PPE claim fails after service blunder – Law Society’s Gazette

‘High-profile legal campaigners have been dealt a blow in their latest challenge to the government – after correctly serving the right papers a day too late.’

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Law Society's Gazette, 5th July 2021

Source: www.lawgazette.co.uk

Disabled woman begins legal action over Hampstead ponds fees – The Guardian

‘A woman who swims regularly in the Hampstead ponds is taking legal action against the City of London Corporation, claiming that the new charging regime discriminates against disabled people.’

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The Guardian, 1st July 2021

Source: www.theguardian.com

UK introducing three laws that threaten human rights, says UN expert – The Guardian

‘Boris Johnson’s government is introducing three pieces of legislation that will make human rights violations more likely to occur and less likely to be sanctioned even as averting climate catastrophe depends on these rights, the UN special rapporteur for human rights and the environment has said.’

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The Guardian, 24th June 2021

Source: www.theguardian.com