Barrister’s latest complaint over Briggs ruling rejected – Legal Futures

‘The High Court has refused a barrister permission to challenge a decision by the Judicial Appointments and Conduct Ombudsman over a complaint she made about Supreme Court justice Lord Briggs.’

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Legal Futures, 18th September 2019

Source: www.legalfutures.co.uk

Facial Recognition Technology: High Court gives judgment – UK Human Rights Blog

‘R (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin). The High Court has dismissed an application for judicial review regarding the use of Automated Facial Recognition Technology (AFR) and its implications for privacy rights and data protection.’

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UK Human Rights Blog, 12th September 2019

Source: ukhumanrightsblog.com

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

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BBC News, 4th September 2019

Source: www.bbc.co.uk

Article: The legal challenge to proroguing Parliament – what is happening in the Scottish Courts? – UKSC Blog

‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’

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UKSC Blog, 2nd September 2019

Source: ukscblog.com

Batten Disease families get green light for High Court challenge over decision not to provide treatment – Local Government Lawyer

Posted September 2nd, 2019 in health, judicial review, medical treatment, news by sally

‘Four children with the neurodegenerative condition Batten disease have been given permission to bring a judicial review challenge over a decision to not make a potentially life-saving treatment available through the NHS in England.’

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Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Campaigners refused permission to appeal ruling on closure of children’s centres – Local Government Lawyer

‘A campaign group has failed to obtain permission to appeal a High Court ruling that a decision by the Cabinet at Buckinghamshire County Council to close 19 out of its 35 children’s centres was lawful.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Proroguing parliament sets a horrifying precedent. I’m going to court to stop it – Gina Miller – The Guardian

‘Other dictatorial moves may follow if Boris Johnson’s ruse is allowed to pass. The high court must listen to our case against it.’

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The Guardian, 29th August 2019

Source: www.theguardian.com

Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG) – No. 5 Chambers

Posted August 29th, 2019 in costs, judicial review, news, planning by sally

Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.

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No. 5 Chambers, 5th August 2019

Source: www.no5.com

The implications of ‘bulk hacking’ – Henderson Chambers

‘Corporate Crime analysis: Matthew Richardson, barrister at Henderson Chambers, examines the concept of ‘bulk hacking’ by intelligence services and some of the legal implications, in light of the latest judicial review challenge by Liberty.’

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Henderson Chambers, 9th August 2019

Source: www.hendersonchambers.co.uk

Brexit: Gina Miller files for legal challenge to stop Boris Johnson’s ‘cynical and cowardly’ plan to prorogue parliament – The Independent

Posted August 29th, 2019 in brexit, constitutional law, judicial review, news, parliament by tracey

‘Anti-Brexit campaigner Gina Miller has as filed an urgent application for a legal challenge to stop Prime Minister Boris Johnson’s “cynical and cowardly” plan to prorogue parliament.’

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The Independent, 29th August 2019

Source: www.independent.co.uk

Airspace in a crowded sky – UK Human Rights Blog

Posted August 28th, 2019 in accidents, aircraft, airports, health & safety, judicial review, news by tracey

‘Lasham Gliding Society Ltd, R (on the application of) v. the Civil Aviation Authority and TAG Farnborough Airport Limited. The Claimant, the Lasham Gliding Society, challenged a decision by the Civil Aviation Authority, the statutory regulator of UK airspace, to permit the introduction of air traffic controls in airspace around Farnborough Airport, which is presently largely uncontrolled. Lasham Gliding Society (“LGS”) is one of the largest gliding clubs in the world. Its concern was that one of the effects of the CAA’s decision would be to increase the risk of a mid-air collision between its gliders and those aircraft which divert away from any newly controlled airspace around Farnborough Airport into the adjacent uncontrolled zone over Lasham where its gliders fly.’

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UK Human Rights Blog, 27th August 2019

Source: ukhumanrightsblog.com

Shelter crowd funds legal action over alleged failure by council to offer homeless people temporary accommodation – Local Government Lawyer

Posted August 22nd, 2019 in homelessness, housing, judicial review, local government, news, Scotland by sally

‘Housing charity Shelter Scotland is seeking to crowdfund legal action over what it says is Glasgow City Council’s unlawful failure to offer homeless people temporary accommodation.’

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Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Father of Islamic State fighter fails in judicial review claim – UK Human Rights Blog

‘R (on the application of Abdullah Muhammad Rafiqul Islam) v Secretary of State for the Home Department [2019] EWHC 2169 (Admin). In a case that was described as “the first such case to have come on for hearing before this court” and one that shares many similarities with the tabloid-grabbing story of Shamima Begum (discussed on the Blog here), Mr Justice Pepperall refused permission to bring judicial review proceedings on behalf of an Islamic State combatant whose citizenship had been revoked by the Home Secretary.’

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UK Human Rights Blog, 19th August 2019

Source: ukhumanrightsblog.com

High Court: Silence in disciplinary proceedings can lead to adverse inferences – Legal Futures

‘Disciplinary proceedings are not a “criminal/civil hybrid” and tribunals may draw adverse inferences from respondents staying silent, the High Court has made clear.’

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Legal Futures, 19th August 2019

Source: www.legalfutures.co.uk

Lincolnshire man challenges police transphobia guidelines – BBC News

‘A man interviewed by police over alleged transphobic tweets is challenging police guidance on hate incidents against transgender people.’

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BBC News, 6th August 2019

Source: www.bbc.co.uk

Robert Thomas and Joe Tomlinson: How Immigration Judicial Review Works – UK Constitutional Law Association

Posted July 31st, 2019 in human rights, immigration, judicial review, news, reports by sally

‘Two years ago on this blog, we drew attention to the immigration judicial review system—by far the most active area of judicial review litigation and the vast majority of all judicial reviews in England and Wales. In that post, we identified why there was a pressing need for further empirical exploration of the topic: not only was there a lack of understanding of litigation patterns but, on the basis of the evidence available, it seemed there was an issue of whether disputes were being channelled appropriately to judicial review (Paul Daly’s reflections on this post are available here). Since then, we have set about trying to build the evidence base that we argued was necessary to advance understanding. We collected data on the types of immigration judicial review claims and the views and experiences of people involved in the system. Our approach to the research was to collect both quantitative and qualitative data. We then combined the data gathered through these methods to inform our analysis. Our data included case-file analysis of Upper Tribunal judicial review cases and interviews with judges, representatives, users of the system, and others. We also undertook observations. Our full findings are set out in a detailed report, which we are publishing today. In this post, we provide a summary of our key conclusions.’

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UK Constitutional Law Association, 1st July 2019

Source: ukconstitutionallaw.org

Victims of rape have only 1.4 per cent chance of the case being solved, new figures show – Daily Telegraph

‘Theft and rape are among ten offences where the chances of cases being solved has fallen to below one in 50 or two per cent, the lowest rates on record, an analysis of new Home Office figures reveals.’

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Daily Telegraph, 27th July 2019

Source: www.telegraph.co.uk

Police risk assessments, actions and threats to kill – UK Police Law Blog

Posted July 29th, 2019 in judicial review, news, police, threatening behaviour by sally

‘In LXD and ors v Chief Constable of Merseyside Police [2019] EWHC 1685 (Admin), the Administrative Court found that the police had not breached its obligations under Articles 2, 3 and 8 of the Human Rights Act 1998 in its response to a threat to kill LXD and her children. Dingemans J, as he then was, encouraged mediation where the recipient of such a threat sought to challenge the adequacy of the police’s risk assessment or the protective measures that the police have put in place. The judge also questioned the appropriateness of a claim for judicial review being brought in these circumstances, which are likely to involve disputes of fact.’

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UK Police Law Blog, 28th July 2019

Source: ukpolicelawblog.com

Atheist parents take primary school to court as they say assembly prayers breach children’s human rights – Daily Telegraph

‘Atheist parents are taking their children’s primary school to the High Court, claiming that biblical re-enactments and praying in assembly are a breach of their human rights.’

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Daily Telegraph, 28th July 2019

Source: www.telegraph.co.uk

Tafida Raqeeb: Parents’ bid to get daughter treated goes to High Court – BBC News

Posted July 23rd, 2019 in children, hospitals, judicial review, medical treatment, news by sally

‘A family’s fight to take their ill daughter to Italy for treatment will be heard at the High Court in September.’

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BBC News, 22nd July 2019

Source: www.bbc.co.uk