UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

“Impecunious” company with wealthy backers denied costs cap – Litigation Futures

Posted May 17th, 2019 in costs, costs capping orders, judicial review, local government, news by sally

‘It would not be reasonable for an “impecunious” company to withdraw a crowdfunded claim for judicial review if it was denied a costs-capping order (CCO), because its shareholders have sufficient resources to back the case, the High Court has ruled.’

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Litigation Futures, 16th May 2019

Source: www.litigationfutures.com

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

Judge rejects claims by parish that nuns conspired to provide district council with false information to secure planning permission – Local Government Lawyer

‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

High Court hears judicial review challenge over proposed closure of day care centre – Local Government Lawyer

‘The High Court in Leeds is this week (13-14) hearing a judicial review challenge to Rotherham Metropolitan Borough Council’s decision to close a day care centre for adults with learning disabilities.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Council makes a mess of Portage – Law Society’s Gazette

Posted May 14th, 2019 in children, education, equality, families, judicial review, local government, news by sally

‘The biblical Esau rashly sold his birthright for ‘a mess of pottage’ (a bowl of lentil stew). But in a rather different context, Worcestershire Council could be said to have made a mess of Portage. For Portage (named after a US town in Wisconsin where the concept originally developed) is a pre-school educational support service (from birth to five-years-old) provided through regular home visits from a trained home visitor. However, on 22 August 2016 the council (through councillor Bayliss, cabinet member with responsibility for children and families) decided to close the Portage scheme from 1 October 2018. This prompted judicial review proceedings in R (RD and others) v Worcestershire County Council [2019] EWHC 449 (Admin), judgment in which was given by Nicklin J on 28 February 2019.’

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Law Society's Gazette, 13th May 2019

Source: www.lawgazette.co.uk

Extension of Time – Local Government Law

‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’

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Local Government Law, 2nd May

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

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

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UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

But, it’s a long, long while … – Nearly Legal

Posted April 23rd, 2019 in equality, judicial review, local government, news, travellers by sally

‘The Court of Appeal reviewed Hillingdon’s Equality Impact Assessments, both when introducing the policy in 2013, and when amending it in 2016 (this latter being after Mr Gullu had begun his judicial review). On neither occasion was there any consideration of Travellers or refugees (or indeed Non UK nationals).’

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Nearly Legal, 22nd April 2019

Source: nearlylegal.co.uk

Hackney defeats High Court challenge to approach on SEN funding and Education and Health Care Plans – Local Government Lawyer

Posted April 15th, 2019 in judicial review, local government, news, special educational needs by michael

‘A High Court judge has rejected claims that Hackney Council’s policies on Special Educational Needs and Disability, including a reduction in its expenditure on SEND, were unlawful.’

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Local Government Lawyer, 12th April 2019

Source: www.localgovernmentlawyer.co.uk

Retention of crime reports about alleged teenage ‘sexting’ did not breach Article 8 – UK Police Law Blog

‘In R (CL) v Chief Constable of Greater Manchester & Secretary of State for the Home Department [2018] EWHC 3333 (Admin), the Divisional Court held that the retention by the police of crime reports which related to sexting incidents in which a schoolboy had allegedly been involved did not breach his rights under Article 8 ECHR.’

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UK Police Law Blog, 9th April 2019

Source: ukpolicelawblog.com

Ending duties after the HRA – Nearly Legal

‘This is a settled judicial review, I’ve seen the grounds, interim order and final consent order. It raises a number of issues about the performance of the new Housing Act 1996 Part VII duties as amended by the Homelessness Reduction Act 2017.’

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Nearly Legal, 7th April 2019

Source: nearlylegal.co.uk

Home Office limit on support for slavery victims may be unlawful, court rules – The Guardian

‘A high court judge has ruled that Home Office policy to cut off all statutory support to people six weeks after they have been formally identified as victims of slavery is potentially unlawful, ordering that assistance must immediately be extended.’

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The Guardian, 29th March 2019

Source: www.theguardian.com

Council withdraws decision to close special schools after legal challenge – Local Government Lawyer

Posted March 28th, 2019 in judicial review, local government, news, special educational needs by sally

‘Wiltshire Council has agreed to withdraw its decision to approve the closure of three special schools and a related notice regarding the opening of a new special school, following legal action from a group of families.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Department withdraws ‘myth-busting’ guide to council duties to vulnerable children – Local Government Lawyer

Posted March 28th, 2019 in care homes, charities, children, fostering, judicial review, local government, news by sally

‘The Department for Education has withdrawn a ‘myth-busting’ guide to council duties to vulnerable children and young people after a charity applied for judicial review, it has been reported.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Government backs down over ‘myth-busting’ guide on child protection – The Guardian

‘The government has withdrawn a controversial document that claims some statutory protections for vulnerable children are “myths”, after a charity launched an application for judicial review, the Guardian has learned.’

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The Guardian, 24th March 2019

Source: www.theguardian.com

Shamima Begum family challenge Javid’s citizenship decision – The Guardian

‘The family of Shamima Begum has formally started court challenges against the home secretary, saying Sajid Javid’s decision to strip the teenager of her citizenship is unfair because hundreds of Britons who went to Islamic State territory have been allowed back.’

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The Guardian, 20th March 2019

Source: www.theguardian.com

The end of the line for Kennedy v Charity Commission – Panopticon

‘The background, as you may recall, is that Mr Kennedy, a Times journalist, was trying to get information out of the Charity Commission in connection with the ‘Mariam Appeal’, a fund set up by George Galloway MP for the purposes of supporting Iraqi children suffering from leukaemia. Mr Kennedy wanted to get hold of the information in connection with an investigation he was conducting into whether monies collected under the name of Mariam’s Appeal had been misused. Mr Kennedy made a FOIA request to the Charity Commission, which had conducted an investigation into Mariam’s Appeal. Mr Kennedy’s request was refused on the basis that the information requested fell within the scope of s. 32 FOIA (absolute exemption concerning court records).’

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Panopticon, 18th March 2019

Source: panopticonblog.com

Getting a policy wrong – Housing Act 2004 enforcement in Hull – Nearly Legal

‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’

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Nearly Legal, 13th March 2019

Source: nearlylegal.co.uk

Judicial review of Heathrow airport third runway decision begins – The Guardian

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

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The Guardian, 11th March 2019

Source: www.theguardian.com