Convicted former UBS trader to be freed from UK immigration centre – The Guardian

‘The convicted former UBS trader Kweku Adoboli is to be released from detention at an immigration removal centre near Heathrow while he awaits a judicial review of his deportation.’

Full Story

The Guardian, 9th October 2018

Source: www.theguardian.com

Borough defeats High Court challenge to refusal to register land as village green – Local Government Lawyer

‘Wokingham Borough Council has successfully defended a High Court challenge to its decision to refuse to register land as a new town or village green.’

Full Story

Local Government Lawyer, 5th October 2018

Source: www.localgovernmentlawyer.co.uk

Rejection of unaccompanied asylum seeking children unlawful for lack of reasons – Court of Appeal – UK Human Rights Blog

‘Help Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018] EWCA Civ 2098. This was an appeal by Help Refugees Ltd against the refusal of its application for judicial review of the secretary of state’s consultation process regarding the relocation of unaccompanied asylum-seeking children under Section 67 of the Immigration Act 2016.’

Full Story

UK Human Rights Blog, 4th October 2018

Source: ukhumanrightsblog.com

Drug wars about macular degeneration – UK Human Rights Blog

Posted October 5th, 2018 in health, health & safety, judicial review, medicines, news by tracey

‘Bayer Plc v NHS Darlington Clinical Commissioning Groups (CCG) and others [2018] EWHC 2465 (Admin). This judicial review concerned whether it was lawful for NHS clinical commissioning groups to adopt a policy for offering the drug Avastin to patients suffering from “wet” (or neo-vascular) age-related macular degeneration (AMD). Avastin, although not licensed for ophthalmic use, at £28 per injection is significantly cheaper than the licensed alternatives (£816 and £551 respectively per injection). The Royal College of Ophthalmologists has estimated that the NHS-wide saving of switching to Avastin was at least £102 million p.a.’

Full Story

UK Human Rights Blog, 4th October 2018

Source: ukhumanrightsblog.com

Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman – UK Constitutional Law Association

Posted October 1st, 2018 in brexit, EC law, judicial review, news, referendums, Scotland, treaties by sally

‘The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The following day, Theresa May declared that the burden was then on the EU to devise a plan for Brexit.’

Full Story

UK Constitutional Law Association, 26th September 2018

Source: ukconstitutionallaw.org

Rape complainants’ lawyers to challenge CPS over dropped cases – The Guardian

‘Lawyers for rape complainants who have been “failed” by the criminal justice system are preparing to launch a legal challenge against the Crown Prosecution Service, the Guardian has learned.’

Full Story

The Guardian, 28th September 2018

Source: www.theguardian.com

Charity brings legal action against Home Office over use of children as spies – Local Government Lawyer

Posted October 1st, 2018 in children, judicial review, news, police, spying by sally

‘A charity has issued judicial review proceedings against the Home Office concerning the use of children as spies by the police and other investigative agencies.’

Full Story

Local Government Lawyer, 28th September 2018

Source: www.localgovernmentlawyer.co.uk

NHS wins legal battle against drugs giants over saving millions with cheaper medicine – Daily Telegraph

Posted September 24th, 2018 in judicial review, medicines, news by sally

‘The NHS has won a landmark battle against drug giants paving the way for the health service to save millions by prescribing cheaper medicine.’

Full Story

Daily Telegraph, 21st September 2018

Source: www.telegraph.co.uk

UBS ‘rogue trader’ in last-ditch attempt to avoid deportation – The Guardian

Posted September 17th, 2018 in banking, deportation, fraud, judicial review, news by sally

‘Kweku Adoboli, the former UBS banker jailed for the UK’s biggest ever fraud, will on Monday file for a judicial review of the decision to deport him to Ghana, in a last-ditch attempt to stop his “banishment” from the UK, where he has lived since he was 12.’

Full Story

The Guardian, 16th September 2018

Source: www.theguardian.com

Finnian Clarke: The Worboys Parole Board Decision: Right Outcome, Wrong Reasons – UK Constitutional Law Association

Posted September 7th, 2018 in equality, judicial review, news, parole, sexual offences by tracey

‘The decision of the Divisional Court in the matter of R (DSD and NVB) v Parole Board of England and Wales, or the “Worboys Parole Board” case, was described by the Court as “wholly exceptional”, [3]. The Court, comprising Sir Brian Leveson, Mr Justice Jay and Mr Justice Garnham, quashed the decision of the Parole Board to release John Worboys, the “black cab rapist”. However, the “exceptional” nature of the case and its facts led the court into some rather tortured reasoning that undermines the structure and integrity of UK public law substantive review. The decision not to let Worboys, now known as John Radford, onto the streets after 9 years imprisonment likely represented the correct outcome, but the way the court got to this conclusion will make life notably more difficult for Parole Boards in exercising their duties in future. Such an outcome is all the more frustrating since the Divisional Court had a perfectly workable alternative means to securing this outcome: through the use of the “Public Sector Equality Duty” (PSED) found in s.149 of the Equality Act 2010.’

Full Story

UK Constitutional Law Association, 7th September 2018

Source: ukconstitutionallaw.org

Ministers accused of issuing ‘torture warrants’ to spies – The Guardian

‘Ministers are routinely providing legal cover for the intelligence services where there is a possibility of information being extracted through torture abroad, under a so-called “James Bond clause”, a human rights group has alleged.’

Full Story

The Guardian, 6th September 2018

Source: www.theguardian.com

Met police sergeant cleared over strip search of academic – The Guardian

Posted August 31st, 2018 in complaints, detention, disciplinary procedures, judicial review, news, police by tracey

‘A Metropolitan police officer who ordered the strip search of an academic, in part because she would not disclose her name while in detention, has been cleared by a disciplinary panel.’

Full Story

The Guardian, 30th August 2018

Source: www.theguardian.com

Government given two weeks to respond to Brexit legal challenge – The Guardian

Posted August 20th, 2018 in judicial review, news, referendums by sally

‘Government lawyers have been given a two-week deadline to respond to the latest legal challenge over the legitimacy of the Brexit vote.’

Full Story

The Guardian, 17th August 2018

Source: www.theguardian.com

Trinidad judge loses bid to halt legal inquiry into his private life – The Guardian

‘Judges in London have dismissed an attempt by the chief justice of Trinidad and Tobago to halt a legal investigation into his private life and alleged business dealings.’

Full Story

The Guardian, 16th August 2018

Source: www.theguardian.com

Town council rejects poll calling for funding of legal action where it is a defendant – Local Government Lawyer

Posted August 16th, 2018 in judicial review, local government, news, planning by sally

‘A Dorset town council has rejected the outcome of a parish poll that would see it take legal action against itself.’

Full Story

Local Government Lawyer, 15th August 2018

Source: www.localgovernmentlawyer.co.uk

British expats in EU launch Brexit legal challenge – The Guardian

‘British expatriates have launched a fresh legal challenge against the 2016 referendum, arguing that the result has been invalidated by the Electoral Commission’s ruling on leave campaign spending.’

Full Story

The Guardian, 14th August 2018

Source: www.theguardian.com

Family claims win in high court challenge to Northants library cuts – The Guardian

Posted August 15th, 2018 in budgets, judicial review, libraries, local government, news, statutory duty by sally

‘A young girl and her family who took on Northamptonshire county council over its plans to close 21 libraries have claimed a win in the high court, after a judge ruled that the cash-strapped council would have to revisit its plans while “paying attention to its legal obligations”.’

Full Story

The Guardian, 14th August 2018

Source: www.theguardian.com

Justice secretary wrong to push Parole Board chair to quit, judge rules – The Guardian

‘A high court judge has ruled it was unacceptable for the justice secretary to pressurise the Parole Board chair Nick Hardwick into resigning, and that the board lacks independence from the government.’

Full Story

The Guardian, 9th August 2018

Source: www.theguardian.com

Divisional Court strikes down irrational and unfairly made decision to cut criminal legal aid – Blackstone Chambers

Posted August 9th, 2018 in budgets, criminal justice, judicial review, legal aid, news, solicitors by sally

‘A Divisional Court comprising Lord Justice Leggatt And Mrs Justice Carr DBE has allowed a judicial review challenge brought by the Law Society to a decision made by the Lord Chancellor to introduce a 40% cut to the maximum number of pages of prosecution evidence (‘PPE’) that count for payment of criminal defence solicitors. The regulations that introduced the cut will be quashed (p.143 of the judgment).’

Full Story

Blackstone Chambers, 3rd August 2018

Source: www.blackstonechambers.com

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

Full Story

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com