Green light given for judicial review challenge of £350 million hospital redevelopment plan – Local Government Lawyer

Posted July 9th, 2020 in budgets, health, hospitals, judicial review, news by sally

‘A judicial review into the allocation of funding for hospital services in Hertfordshire is to take place after campaigners for a new hospital successfully applied for a judicial review of the plan to redevelop the area’s existing hospitals.’

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Local Government Lawyer, 8th July 2020

Source: www.localgovernmentlawyer.co.uk

Lockdown challenge — permission refused – UK Human Rights Blog

‘Mr Justice Lewis has refused permission to bring a judicial review in what is arguably the most comprehensive and wide-reaching challenge brought to date to the legality of the lockdown Regulations and the decision to stop providing education on school premises (save for the children of key workers) in R (Dolan and Ors) v Secretary of State for Health and Social Care and Secretary of State for Education [2020] EWHC 1786 (Admin).’

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UK Human Rights Blog, 7th July 2020

Source: ukhumanrightsblog.com

Supreme Court holds children’s hearings system is compatible with article 8 – UK Human Rights Blog

‘The Supreme Court recently dismissed two appeals concerning the role and rights of siblings in children’s hearings in Scotland. It held that the provisions of the Children’s Hearings (Scotland) Act 2011 in question were compatible with article 8 of the European Convention on Human Rights.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Daniella Lock: The ‘Third Direction case’ Part One: Miller (Nos 1 and 2) in the National Security Context? – UK Constitutional Law Association

‘The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a previously secret national security policy of the UK Government. The policy authorises agents of the Security Service (MI5) to engage in criminal activity, which the claimants allege include the carrying out of torture and murder. Hearings on the case were held in November last year in the Investigatory Powers Tribunal (IPT), a specialist tribunal which adjudicates complaints on state surveillance and the conduct of the Security Services (MI5, MI6 and GCHQ). The IPT produced a judgment remarkably quickly, published in December.’

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UK Constitutional Law Association, 7th July 2020

Source: ukconstitutionallaw.org

Challenge to Lawfulness of “Lockdown” Regulations: Permission Refused – Coronavirus: Guidance for Lawyers and Businesses

Posted July 7th, 2020 in coronavirus, human rights, judicial review, news, regulations, ultra vires by sally

‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020

Source: lawinthetimeofcorona.wordpress.com

Religious services ban in England may have been illegal, judge rules – The Guardian

‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

Dunn v FCO — the opening skirmishes – UK Human Rights Blog

‘In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Paul Daly: The Culture of Justification in Administrative Law – UK Constitutional Law Association

Posted July 6th, 2020 in constitutional law, judicial review, news by sally

‘By any measure the breadth and depth of substantive judicial review of administrative action have increased remarkably in recent decades. It is interesting to ask why this has happened. In a typically interesting and trenchant contribution, my friend Jason Varuhas attributes recent changes to judicial review procedure to a substantive turn to rights review and systemic review.’

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UK Constitutional Law Association, 6th July 2020

Source: ukconstitutionallaw.org

Misconduct panel’s decision to impose a final written warning for racist remarks quashed by the High Court – UK Police Law Blog

‘The Chief Constable of West Midlands Police has successfully challenged a misconduct hearing panel’s decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer: R (Chief Constable of West Midlands Police) v Panel Chair, Police Misconduct Panel [2020] EWHC 1400 (Admin). The decision confirms that the High Court will be prepared to intervene where panels fail to follow the College of Policing’s Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously.’

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UK Police Law Blog, 3rd July 2020

Source: ukpolicelawblog.com

Penalised for parking on your own land – Law Society’s Gazette

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

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Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Samuel Ley: Consistency and Conceptual Confusion – UK Constitutional Law Association

Posted July 3rd, 2020 in constitutional law, judicial review, news, Supreme Court by sally

‘This post seeks to explain and clarify the status of “consistent/equal treatment” in UK judicial review. The status of consistency in judicial review was recently considered by the UK Supreme Court in Gallaher, but the meaning of ‘consistency’ was not clearly explained. The main aim of this post is therefore one of clarification. This author hopes to put consistency on a sure conceptual footing which has otherwise been lacking in the discourse on consistency.’

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UK Constitutional Law Association, 3rd July 2020

Source: ukconstitutionallaw.org

High court hears legal challenge to England’s lockdown restrictions – The Guardian

‘The government’s lockdown, which has closed schools, premises and companies while limiting free movement, is the “most sweeping and far-reaching” restriction on fundamental rights since the second world war, the high court has been told.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Woman loses legal challenge to NHS charges for pregnant migrants – The Guardian

Posted July 2nd, 2020 in birth, immigration, judicial review, medical treatment, news, pregnancy, repayment by tracey

‘A woman who faces decades of repayments to the NHS for maternity care has lost a case in the high court challenging the government’s healthcare charging regime for migrants.’

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The Guardian, 1st July 2020

Source: www.theguardian.com

Home Office increases support for trafficking victims after lawyers argue rates are ‘discriminatory’ – The Independent

‘The Home Office has increased support for suspected modern slavery victims after facing a legal challenge claimed the current levels were discriminatory and left vulnerable mothers unable to afford basic essentials.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

UK intelligence torture case to be held in secret after challenge fails – The Guardian

‘A judicial review aimed at overturning a decision to ditch a judge-led inquiry into the involvement of British intelligence in torture and rendition will be heard in secret after a challenge involving two MPs failed.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Unfurnished temporary accommodation – is it suitable? – Nearly Legal

‘A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained accommodation provided without a fridge, cooker and bed, was suitable within the meaning of section 206 Housing Act 1996, such that interim relief could be ordered.’

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Nearly Legal, 28th June 2020

Source: nearlylegal.co.uk

Unfurnished temporary accommodation – is it suitable? – Nearly Legal

Posted June 29th, 2020 in homelessness, housing, judicial review, local government, news, standards by sally

‘A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained accommodation provided without a fridge, cooker and bed, was suitable within the meaning of section 206 Housing Act 1996, such that interim relief could be ordered.’

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Nearly Legal, 28th June 2020

Source: nearlylegal.co.uk

London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application – Francis Taylor Building

‘The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment.’

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Francis Taylor Building, 19th June 2020

Source: www.ftbchambers.co.uk

Judgment in Challenge to Exclusion of Workers From Sick Pay & Income Protection During Pandemic- Old Square Chambers

‘On 15 June 2020 the High Court handed down its expedited judgment in R (Adiatu & IWGB) v HM Treasury [2020] EWHC 1554 (Admin).’

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Old Square Chambers, 22nd June 2020

Source: www.oldsquare.co.uk

A double victory for members of schemes in the PPF – Wilberforce Chamber

Posted June 26th, 2020 in chambers articles, EC law, employment, insolvency, judicial review, news, pensions by sally

‘The judgment of Mr Justice Lewis in Hughes and others v Board of the Pension Protection Fund [2020] EWHC 1598 (Admin), handed down on 22 June 2020, is of considerable importance for members of defined benefit schemes of insolvent employers. Thomas Seymour along with a counsel team from Blackstone Chambers (Tom de la Mare QC and Iain Steele), instructed by Farrers, acted for the British Airline Pilots Association (BALPA) representing pilots who were members of the Monarch and BMI Schemes, who brought proceedings for judicial review along with the claimants of other schemes. The proceedings, brought against the Pension Protection Fund (“PPF”) with the Department of Work and Pensions (“DWP”) as an interested party, were heard at a five-day remote hearing in the Administrative Court in May.’

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Wilberforce Chambers, 24th June 2020

Source: www.wilberforce.co.uk