PKU funding battle: Family wins High Court challenge over drug – BBC News

Posted August 9th, 2017 in autism, children, judicial review, medicines, news by sally

‘The family of a seven-year-old boy whose condition could cause brain damage have won a High Court challenge over an NHS decision not to fund a life-changing drug.’

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BBC News, 8th August 2017

Source: www.bbc.co.uk

Birmingham pub bombing families appeal for legal funding to name IRA suspects – Daily Telegraph

Posted August 7th, 2017 in coroners, identification, inquests, judicial review, news, terrorism by sally

‘Families of those killed in the IRA’s Birmingham pub bombings are crowdfunding a High Court challenge to try to overturn a coroner’s ban on naming the suspect bombers.’

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Daily Telegraph, 4th August 2017

Source: www.telegraph.co.uk

Jackson LJ on costs in all judicial reviews: Aarhus rules to apply – UK Human Rights Blog

Posted August 1st, 2017 in budgets, costs, judicial review, news by sally

‘Jackson LJ is still toiling away at costs issues some 8 years after his main report. The original report changed the whole way in which the civil courts go about working how much, if anything, is due from one side to another at the end of a case – budgets being one key element. The main part of this new report concerns extending fixed costs further.’

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UK Human Rights Blog, 31st July 2017

Source: ukhumanrightsblog.com

Judge refuses permission in latest state aid challenge over sports stadium – Local Government Lawyer

Posted July 19th, 2017 in delay, evidence, judicial review, leases, local government, news, sport, state aids by sally

‘A High Court judge has refused the owners of Coventry City Football Club permission to seek judicial review in their latest state aid challenge over decisions taken by Coventry City Council.’

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Local Government Lawyer, 18th July 2017

Source: www.localgovernmentlawyer.co.uk

Permission for judicial review fails in diverted profits tax case – OUT-LAW.com

Posted July 12th, 2017 in appeals, judicial review, jurisdiction, news, subsidiary companies, taxation by sally

‘Permitting judicial review of the issue of a diverted profits tax (DPT) charging notice would “undermine parliament’s intent”, the High Court has decided in a case concerning oil and gas distributing company, Glencore Energy.’

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OUT-LAW.com, 11th July 2017

Source: www.out-law.com

Revised Benefit Cap Unlawfully Discriminates Against Lone Parents With Children Under Two, High Court Rules – Garden Court Chambers

‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’

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Garden Court Chambers, 22nd June 2017

Source: www.gardencourtchambers.co.uk

Supreme Court rules against the Home Secretary on ‘Deport First, Appeal Later’ – No. 5 Chambers

‘The Supreme Court has allowed appeals in R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 by persons whom the Home Secretary wished to deport even before they had had a chance to appeal to a tribunal on human rights grounds against the deportation decision. It has concluded that the very system of appealing from abroad in such cases simply does not provide an effective right of appeal.’

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No. 5 Chambers, 14th June 2017

Source: www.no5.com

Flushing out Wrongdoing: the DPA and the Publication of Allegations about Toilets – Panopticon

Posted July 3rd, 2017 in data protection, judicial review, local government, news by tracey

‘Local government is an exciting place. And because it is an exciting place, filled with thrusting go-getting types who live on the edge of danger, there is the risk of occasional accusations of wrongdoing. Councillor Hussain, a Labour member, of that parish is the subject of serious allegations – which have not yet been determined – to whit that he procured the sale of some toilets to a person connected to him at an undervalue and that he expunged some parking tickets issued to family members.’

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Panopticon, 30th June 2017

Source: panopticonblog.com

“Real misery is being caused to no good purpose” – Nearly Legal

‘This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim was on the basis that the regulations were discriminatory, either against women as the majority of single parents, or against the children, on the basis that single parents of children under two years old were not able to ‘escape’ the cap by obtaining 16 hours or more a week of employment.’

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Nearly Legal, 25th June 2017

Source: nearlylegal.co.uk

Continuing Duty under s.17 Children Act 1989 – Community Care Blog

Posted June 23rd, 2017 in children, housing, judicial review, local government, London, news, statutory duty by tracey

“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”

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Community Care Blog, 22nd June 2017

Source: communitycare11kbw.com

Government acted unlawfully by restricting ‘ethical’ boycotts of Israel, High Court rules – The Independent

‘The Government acted unlawfully by seeking to restrict “ethical” boycotts of Israel, the High Court has ruled. After accepting a judicial review, the judge said Sajid Javid, the Secretary of State for Communities and Local Government, acted unlawfully in issuing guidance to restrict local councils from pursuing boycott, divestment and sanctions (BDS) against Israel through their pension schemes.’

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The Independent, 22nd June 2017

Source: www.independent.co.uk

Regina (Williams) v Powys County Council – WLR Daily

Regina (Williams) v Powys County Council [2017] EWCA Civ 427

‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

Regina (Khan) v Secretary of State for the Home Department – WLR Daily

Regina (Khan) v Secretary of State for the Home Department [2017] EWCA Civ 424

‘The claimant, a national of Pakistan, had limited leave to remain in the United Kingdom. A few days before the expiry of his leave he applied for an extension of his period of leave. The Secretary of State rejected that application on the grounds that it had not been accompanied by the required fee. Since the claimant had no right of appeal against this rejection, he submitted a renewed application accompanied by the required fee. The Secretary of State refused that application on the merits, informing the claimant that he had no right of appeal against her refusal since his renewed application had been made at a time when he had no leave to remain. The claimant sought judicial review of the Secretary of State’s determination that he had no right of appeal, contending that he had had leave to remain at the time of making his renewed application since his leave had been automatically extended pursuant to section 3C of the Immigration Act 1971 when he made his original application for an extension, and was still continuing. The claimant was granted permission to proceed with his claim, but at the full hearing the Upper Tribunal dismissed the claim on the basis that the claimant had an alternative remedy in the form of an appeal to the First-tier Tribunal.’

WLR Daily, 8th June 2017

Source: www.iclr.co.uk

Theresa May faces legal challenge over proposed deal with DUP – The Guardian

‘Theresa May is facing a landmark legal challenge over her proposed deal with the Democratic Unionist party on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 20th June 2017

Source: www.theguardian.com

Legitimate expectation as a ground for judicial review – OUT-LAW.com

Posted June 19th, 2017 in civil justice, equality, judicial review, local government, news by sally

‘A number of recent judicial decisions – particularly a recent ruling by the UK’s top judges in the United Policyholders case – have gone some way towards clarifying what counts as a breach of ‘legitimate expectation’ by a public body.’

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OUT-LAW.com, 16th June 2017

Source: www.out-law.com

Foreign criminals’ deportation scheme ruled unlawful – UK Human Rights Blog

‘R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42. The Government’s flagship scheme to deport foreign criminals first and hear their appeals later was ruled by the Supreme Court to be incompatible with the appellants’ right to respect for their private and family life.’

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UK Human Rights Blog, June 15th 2017

Source: ukhumanrightsblog.com

Court of Appeal to hear legal challenge against Lancashire fracking plans – OUT-LAW.com

Posted June 12th, 2017 in appeals, environmental protection, judicial review, news, planning by sally

‘Campaigners in Lancashire in England have won the right to continue their legal challenge against planned ‘fracking’ operations on farm land between the towns of Blackpool and Preston.’

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OUT-LAW.com, 9th June 2017

Source: www.out-law.com

High Court to hear judicial review challenge over neighbourhood plan and quarry – Local Government Lawyer

Posted June 8th, 2017 in judicial review, news, planning by sally

‘The High Court will next week (14-15 June) hear a judicial review challenge over a decision in a neighbourhood plan to allocate a quarry site for heavy industry and housing.’

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Local Government Lawyer, 7th June 2017

Source: www.localgovernmentlawyer.co.uk

Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision – Free Movement

‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’

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Free Movement, 7th June 2017

Source: www.freemovement.org.uk

Making it up as you go – Nearly Legal

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk