Quarterly Medical Law Review – One Crown Office Row

Posted March 25th, 2020 in chambers articles, health, immigration, judicial review, negligence, news by sally

‘This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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One Crown Office Row, 17th March 2020

Source: www.1cor.com

UK broke law over IS ‘Beatles’ by passing information to US – BBC News

‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Kensington Forum Judicial Review Succeeds: High Court Quashes Permission for Tallest Building in Kensington after Mayor Forced to Admit the Decision was Taken for an Improper Purpose – Francis Taylor Building

Posted March 24th, 2020 in appeals, judicial review, local government, London, news, planning by sally

‘On 21 June 2019, the Mayor of London granted planning permission for a significant and controversial development, on land at the Kensington Forum Hotel, 97-109 Cromwell Road, London, SW7 4DN. The scheme, designed by Simpson Haugh, included a 30 storey tower, which would have been the tallest in Kensington, and provided a 749 bed hotel and 402 residential units in South Kensington. However, following a judicial review brought by the Royal Borough of Kensington and Chelsea, the High Court has quashed the planning permission, after the Mayor of London conceded that the decision to grant the permission was motivated by an improper purpose; namely frustrating the Secretary of State for Housing Communities and Local Government.’

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Francis Taylor Building, 16th March 2020

Source: www.ftbchambers.co.uk

Court of Appeal upholds no order for costs decision in housing case where claimant withdrew proceedings after being given new accommodation – Local Government Lawyer

Posted March 17th, 2020 in causation, costs, housing, judicial review, news by sally

‘A judge was entitled to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.’

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Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk

Ealing rape victim’s family donate £10,000 to legal claim against CPS – The Guardian

‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

Judicial review: ‘Snarling’ not the way to get reform, says former top judge – BBC News

Posted March 16th, 2020 in brexit, judges, judicial review, news, parliament, prorogation by sally

‘”Shouting and snarling” is not the way to get judges to accept curbs to their powers, a former top judge has warned.’

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BBC News, 13th March 2020

Source: www.bbc.co.uk

Appeal judge hits out at “all-too-prevalent attitude” that in judicial review applications it is always possible to “have another go” – Local Government Lawyer

Posted March 12th, 2020 in judicial review, news, planning by tracey

‘A Court of Appeal judge has criticised the way a case was brought that sought to challenge a ruling over a development in Wakefield.’

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Local Government Lawyer, 12th March 2020

Source: www.localgovernmentlawyer.co.uk

Against Consistency as a Ground of Review – UK Constitutional Law Association

Posted March 9th, 2020 in constitutional law, equality, judicial review, news by tracey

‘Equal treatment, the principle that like cases should be treated alike, occupies a paradoxically ambivalent place within moral and legal discussion of equality. In one sense, it is an essential feature of justice that similarly situated persons be afforded similar treatment and that differences in treatment be adequately justified. This principle is informed by and presupposes the moral equality of persons, without which the demand for justification of departures from consistent treatment would be unintelligible. However, in another sense, equalisation of treatment, purely for the sake of equalisation, gives rise to the now well established “levelling-down” objection: a requirement of equalisation can be satisfied either by treating people equally badly or by replicating wrongful forms of treatment, even when we are aware that the treatment in question is wrongful. The levelling-down objection indicates that equalisation for its own sake is unlikely to be intrinsically valuable, even if there may be some instrumental reasons to do so.’

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UK Constitutional Law Association, 9th March 2020

Source: ukconstitutionallaw.org

The role of judicial review applications in the CIL regime – Local Government Lawyer

Posted March 6th, 2020 in appeals, dispute resolution, judicial review, local government, news, planning by tracey

‘A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.’

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Local Government Lawyer , 6th March 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog

‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’

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UKSC Blog, 26th February 2020

Source: ukscblog.com

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

A “Cardinal Democratic Freedom”: High Court rules police’s action “Orwellian” in a victory for freedom of expression – Monckton Chambers

‘On 14 February 2020, the High Court (Mr Justice Julian Knowles) held that Humberside Police had disproportionately interfered with the rights of free speech of the Claimant, Harry Miller, under Article 10 of the European Convention on Human Rights (“ECHR”).’

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Monckton Chambers, 21st February 2020

Source: www.monckton.com

JusticeWatch: Legal aid’s failing safety net – Legal Voice

Posted February 25th, 2020 in attorney general, family courts, judicial review, law firms, legal aid, news by sally

‘Almost four out of 10 legal aid firms do not use the LASPO ‘safety net’ and make exceptional case funding applications, according to a new study by the Public Law Project – reported on the Justice Gap (here). More then three-quarters believed the scheme was not effective. The PLP survey by Professor Joe Tomlinson and Emma Marshall drew on responses between from 89 legal aid providers and other groups providing legal advice and was conducted in October/ November last year. The aim was to engage with providers working in four areas – immigration, family, housing and welfare benefits. Researchers identified 1,276 organisations with a legal aid contract working across these four areas.’

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Legal Voice, 21st February 2020

Source: legalvoice.org.uk

High Court grants permission for planning judicial review challenge over alleged Equality Act breach – Local Government Lawyer

‘A High Court judge has granted permission for a planning judicial review challenge in part over an alleged breach of the public sector equality duty, Landmark Chambers has reported.’

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Local Government Lawyer, 21st February 2020

Source: www.localgovernmentlawyer.co.uk

Court rejects judicial review over failure to extend QOCS – Litigation Futures

‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

The Second Appeals Test in Immigration Law – Richmond Chambers

‘In this post, we explain the Second Appeals test and note some recent developments in the area.’

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Richmond Chambers, 14th February 2020

Source: immigrationbarrister.co.uk

Luton Council pursues judicial review of neighbouring council’s link road approval – Local Government Lawyer

Posted February 19th, 2020 in judicial review, local government, news, planning, roads by sally

‘Luton Council is to bring a judicial review of Central Bedfordshire Council’s decision to approve an application for a new link road after it says local plan examination inspectors’ letters calling the plan into question were not properly considered.’

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Local Government Lawyer, 17th February 2020

Source: www.localgovernmentlawyer.co.uk

Of Tweeting and Transgender Rights – Panopticon Blog

‘Over the years, Panopticon has discussed a number of cases about the powers of the police to record, retain, and disseminate information about individuals. The judgment of Mr. Justice Julian Knowles in R (ota Harry Miller) v (1) The College of Policing, and (2) The Chief Constable of Humberside [2020] EWHC 225 (Admin) is a significant contribution to the law in this area. In Panopticon terms the case is unusual, in that the issues are discussed by reference to the right to freedom of expression under Article 10 of the European Convention on Human Rights (“ECHR”), rather than by reference to Article 8 or data protection legislation.’

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Panopticon Blog, 17th February 2020

Source: panopticonblog.com

The QC Tipped To Lead The Effort To ‘Update’ Human Rights Laws – Each Other

‘The attorney general, Geoffrey Cox QC, has been tipped to lead a new government commission tasked with updating human rights laws and reforming the judiciary.’

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Each Other, 12th February 2020

Source: eachother.org.uk

Fresh legal challenge threatened over changes at hospital amid claims of “unlawful” consultation – Local Government Lawyer

Posted February 12th, 2020 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A campaigner has threatened a fresh legal challenge after a consultation on proposed changes at the Friarage Hospital in Northallerton did not include the option to maintain its accident and emergency department.’

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Local Government Lawyer, 11th February 2020

Source: www.localgovernmentlawyer.co.uk