Council to consider judicial review challenge over train timetable changes – Local Government Lawyer

Posted June 13th, 2018 in judicial review, local government, news, railways by sally

‘St Albans City and District Council is to look at the possibility of a judicial review challenge over the introduction of a new timetable for the Thameslink train line.’

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Local Government Lawyer, 12th June 2018

Source: www.localgovernmentlawyer.co.uk

Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name? – UK Constitutional Law Association

‘All eyes were on the UK Supreme Court (UKSC) last week as it gave judgment in In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27, the case challenging the European Convention on Human Rights (ECHR) compatibility of Northern Ireland’s abortion legislation. Such a case is always bound to be headline-grabbing and controversial. But even more heat than usual was generated by this case. For starters, it followed swiftly after the Republic of Ireland’s referendum vote to repeal the Eighth Amendment of its Constitution, which acknowledges the equal right to life of the unborn child. That led to public and political pressure for change on the other side of the border too. But the Northern Ireland Assembly has been suspended since January 2017 and Westminster legislating in this area in its absence – particularly if prompted by the UKSC – would provoke controversy. The Conservative Government’s Confidence and Supply Agreement with the traditionally pro-life Democratic Unionist Party (DUP) further complicates the possibility of reform on this side of the Irish Sea. The outcome of a challenge to the compatibility of the Northern Ireland legislation was therefore keenly anticipated by many. In the event, a Court of seven declined (by a majority) to make the declaration of incompatibility due to a lack of standing. Given the Court’s conclusions, however, the judgment may effectively be a declaration in all but name.’

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UK Constitutional Law Association, 12th June 2018

Source: ukconstitutionallaw.org

Government faces high court challenge over ‘right to rent’ scheme – The Guardian

‘The government faces a possible challenge to its “hostile environment” policy after a campaign group won the right to launch a high court case against the Home Office’s scheme obliging landlords to check the immigration of would-be tenants.’

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The Guardian, 6th June 2018

Source: www.theguardian.com

Councils mull legal action over government direction to cut newspaper editions – Local Government Lawyer

‘Two London boroughs are considering whether to launch a judicial review challenge to directions by the government requiring them to only publish four issues of their newspapers a year, it has emerged.’

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Local Government Lawyer, 4th June 2018

Source: www.localgovernmentlawyer.co.uk

Could the Windrush Scheme be open to legal challenge? – UK Human Rights Blog

Posted May 29th, 2018 in appeals, citizenship, colonies, judicial review, news by sally

‘On 24th May 2018 a new scheme to process citizenship applications for the Windrush generation was announced, after the Government’s apologies last month. The Windrush Scheme guidance explains how this will work in detail.’

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UK Human Rights Blog, 29th May 2018

Source: ukhumanrightsblog.com

Ambit of Code of Conduct – Local Government Law

Posted May 24th, 2018 in bullying, harassment, judicial review, local government, news, ultra vires by tracey

‘The main issue in R (Harvey) v Ledbury Town Council (2018) EWHC 1151 (Admin) was an issue as to jurisdiction, namely a dispute between the parties as to whether it was open to the Council to proceed against a member outside its Code of Conduct under the Localism Act 2011 (“the 2011 Act”). Cockerill J held that the Council by doing so acted ultra vires. It was contrary to the intention of Parliament as expressed in the 2011 Act to run a process in tandem with or as an alternative to the Code of Conduct process envisaged by the 2011 Act.’

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Local Government Law, 23rd May 2018

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

Leveson 2: government to be taken to court over cancelled inquiry – The Guardian

Posted May 22nd, 2018 in corruption, inquiries, judicial review, media, news by sally

‘Press regulation campaigners have been given the go-ahead to take the government to court over its decision to cancel the second part of the Leveson inquiry into the activities of the media.’

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The Guardian, 21st May 2018

Source: www.theguardian.com

Diet pills death: family seek judicial review of suicide verdict – The Guardian

Posted May 11th, 2018 in coroners, inquests, judicial review, news, suicide by sally

‘The family of a 21-year-old woman who died in an exceptionally busy A&E ward after taking diet pills are launching a legal challenge to overturn a coroner’s conclusion that she intended to kill herself.’

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The Guardian, 11th May 2018

Source: www.theguardian.com

Judge slams council for failing in duty of candour to the court – Litigation Futures

Posted May 11th, 2018 in children, disclosure, housing, judicial review, local government, news by sally

‘The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty.’

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Litigation Futures, 10th May 2018

Source: www.litigationfutures.com

ECHR Articles 9 and 14 – Local Government Law

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

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Local Government Law, 1st May 2018

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

Court of Appeal confirms limited scope for re-opening permission decisions – OUT-LAW.com

Posted May 2nd, 2018 in appeals, civil procedure rules, judicial review, news, planning by tracey

‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’

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OUT-LAW.com, 2nd May 2018

Source: www.out-law.com

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

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UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

NHS England faces first legal challenge to plans for health shake-up – The Guardian

Posted April 24th, 2018 in budgets, health, hospitals, illegality, judicial review, news by sally

‘NHS England faces a legal challenge to its plans to overhaul how the health service operates, which critics say are unlawful and could lead to patients being denied treatment.’

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The Guardian, 23rd April 2018

Source: www.theguardian.com

Family mounts legal challenge to Northamptonshire library cuts – The Guardian

Posted April 13th, 2018 in budgets, families, judicial review, libraries, local government, news by tracey

‘Northamptonshire county council is facing a series of legal challenges over plans to close 21 libraries, after a young resident applied for a judicial review of a decision campaigners say will have a “devastating impact” on families.’

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The Guardian, 12th April 2018

Source: www.theguardian.com

Court blocks £420k legal aid challenge from litigant in person – Law Society’s Gazette

Posted April 6th, 2018 in judicial review, legal aid, litigants in person, news by sally

‘The High Court has turned down a public funding challenge from a litigant in person who believed a government body was acting against him.’

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Law Society's Gazette, 5th April 2018

Source: www.lawgazette.co.uk

Worboys’ release quashed – UK Human Rights Blog

Posted April 4th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by sally

‘On 28th March 2018 a three-judge panel of the Divisional Court gave its decision in R (DSD and Ors) v The Parole Board of England and Wales [2018] EWHC 694 (Admin), ruling that the Parole Board’s decision to direct the release of John Worboys (the ‘black cab rapist’) should be quashed.’

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UK Human Rights Blog, 13th April 2018

Source: ukhumanrightsblog.com

Worboys release decision overturned as Parole head quits – BBC News

Posted March 28th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by tracey

‘A decision by the Parole Board to release the rapist John Worboys has been quashed, as the Board’s chairman Nick Hardwick resigns.’

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BBC News, 28th March 2018

Source: www.bbc.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

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Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Government wins High Court appeal against ruling benefit cap unlawfully discriminates – The Independent

Posted March 16th, 2018 in appeals, benefits, children, housing, human rights, judicial review, news by tracey

‘The Government has won a Court of Appeal challenge against a ruling that its controversial benefit cap unlawfully discriminates against lone parents with children under two.
It follows a High Court ruling last year which found that the benefit cap, which limits the income households receive in certain benefits, unlawfully discriminates against single parents with very young children.’

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The Independent, 15th March 2018

Source: www.independent.co.uk

Property firm fails in legal action over refusal by council to sell site – Local Government Lawyer

Posted March 14th, 2018 in judicial review, local government, news, planning, sale of land by sally

‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk