MPs prepare to debate judicial review reforms – Law Society’s Gazette

Posted October 15th, 2021 in bills, consultations, judicial review, Ministry of Justice, news, parliament by tracey

‘MPs will soon have their first opportunity to debate the government’s controversial judicial review reforms. The Judicial Review and Courts Bill has its second reading in the House of Commons on Monday.’

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Law Society's Gazette, 14th October 2021

Source: www.lawgazette.co.uk

New Judgment: Anwar v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Scotland) [2021] UKSC 44 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’

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UKSC Blog, 13th October 2021

Source: ukscblog.com

R (Rowley) v Minister for the Cabinet Office – Equality Law Blog

‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness – UK Constitutional Law Association

Posted October 12th, 2021 in Administrative Court, bills, compensation, damages, judicial review, news by sally

‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’

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UK Constitutional Law Association, 12th October 2021

Source: ukconstitutionallaw.org

Homelessness – renewed applications and overlooked facts – Nearly Legal

‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’

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Nearly Legal, 10th October 2021

Source: nearlylegal.co.uk

Treating children for gender dysphoria: Bell v Tavistock & Portman NHS Trust – Law & Religion UK

‘Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 has little, ostensibly, to do with “religion”, but relates to an issue which some would feel had moral and social dimensions – the treatment of children for gender dysphoria, defined by the Court of Appeal as “a complex condition that occurs in both children and adults. It involves, in the simplest terms, a strong desire to be and to be treated as being of the gender other than their natal sex at birth. Those diagnosed with it suffer associated significant distress or impairment in function. A range of clinical interventions may be prescribed”.’

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Law & Religion UK, 11th October 2021

Source: lawandreligionuk.com

UK put on global watchlist for curbing civic freedoms – Each Other

‘A new global watchlist highlighting nations where there is a serious and rapid decline in respect for civic space has named the UK as a country of concern.’

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Each Other, 7th October 2021

Source: eachother.org.uk

Faith schools and safeguarding: R (Khalsa Academies Trust Ltd) – Law & Religion UK

‘The Khalsa Academies Trust Ltd is a multi-academy trust responsible for operating three academies, one of which is Khalsa Secondary Academy in Stoke Poges. Ofsted had concluded in January 2020 that the Academy was “Inadequate” and “requiring special measures”: in particular, that the arrangements for safeguarding were “not effective” and that “Leaders, including those at trust and governance level, have not learned from serious safeguarding failures. They have not acted with the urgency required.” The Secretary of State then decided that the Academy should be transferred, or “re-brokered”, to the Sikh Academy Trust. In R (Khalsa Academies Trust Ltd) v Secretary of State for Education [2021] EWHC 2660 (Admin), the Trust sought judicial review of that decision.’

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Law & Religion UK, 7th October 2021

Source: lawandreligionuk.com

Court of Appeal rules on the legality of Christian requirement by fostering agency – UK Human Rights Blog

‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’

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UK Human Rights Blog, 7th October 2021

Source: ukhumanrightsblog.com

The public law jurisdiction of the UK First-tier Tribunal in VAT cases – OUT-LAW.com

Posted October 6th, 2021 in HM Revenue & Customs, judicial review, jurisdiction, news, taxation, tribunals, VAT by sally

‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’

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OUT-LAW.com, 5th October 2021

Source: www.pinsentmasons.com

Judge lambasts government lawyers who ignored court rules – Law Society’s Gazette

‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer

‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk

Jacob Eisler: Voter ID and the Elections Bill 2021: Legislative Manipulation of Democratic Procedure and the Limits of Judicial Review – UK Constitutional Law Association

Posted September 29th, 2021 in bills, constitutional law, elections, fraud, identification, judicial review, news by sally

‘The Elections Bill 2021, as of the date of publication for the House of Commons Committee stage, advances a variety of changes to the regulation of elections and the practice of voting in the UK. Of the reforms, one controversially reshapes the practical experience of voting for most citizens. A new voter ID requirement will amend the Representation of the People Act 1983 to require proof of identity, in the form of a photographic ID such as a passport, drivers’ license, or dedicated voter identity document, for in-person voting. While this may seem like a light burden, both the broader impact of such a requirement on voting and the underlying anti-fraud rationale have raised significant concerns.’

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UK Constitutional Law Association, 29th September 2021

Source: ukconstitutionallaw.org

Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021) – UK Constitutional Law Association

‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’

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UK Constitutional Law Association, 23rd September 2021

Source: ukconstitutionallaw.org

Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Richard Mackenzie-Gray Scott: Rebalancing upstream and downstream scrutiny of government during national emergencies – UK Constitutional Law Association

‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’

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UK Constitutional Law Association, 21st September 2021

Source: ukconstitutionallaw.org

Windrush victims launch legal action over compensation delays – The Guardian

‘Two victims of the Windrush scandal have launched legal proceedings against the Home Office over protracted delays in issuing compensation, asking for clarity on how claims can be expedited.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

Public procurement update – Local Government Lawyer

Posted September 17th, 2021 in expert witnesses, judicial review, local government, news, public procurement by tracey

‘Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Revival of section 3C leave approved by Court of Appeal – EIN Blog

‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’

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EIN Blog, 13th September 2021

Source: www.ein.org.uk

Police launch legal action against government amid row over pensions and pay freeze – The Independent

Posted September 14th, 2021 in judicial review, news, pensions, police, remuneration by tracey

‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’

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The Independent, 14th September 2021

Source: www.independent.co.uk