Regrette rien – Nearly Legal

Posted May 22nd, 2017 in homelessness, housing, judicial review, local government, London, news by tracey

‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’

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Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

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Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

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Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

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When can a tribunal be forced to pay the costs of judicially reviewing it? – Free Movement

‘“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient.’

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Free Movement, 18th May 2017

Source: www.freemovement.org.uk

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Opposition group crowd funds judicial review of sale of farms by council – Local Government Lawyer

Posted May 17th, 2017 in judicial review, local government, news, sale of land by sally

‘An opposition group on Herefordshire Council is seeking to crowd fund a judicial review challenge over the local authority’s decision to sell off its farm estate.’

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Local Government Lawyer, 16th May 2017

Source: www.localgovernmentlawyer.co.uk

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Coroner’s conundrums: born alive or still-birth, and mother’s anonymity – UK Human Rights Blog

Posted May 8th, 2017 in anonymity, birth, coroners, judicial review, jurisdiction, news by sally

‘A 19-year old mother went into hospital, with a shoebox. In the shoebox was the 6-days dead body of her daughter. She told the hospital and the police that she had been raped, hence the shame about reporting the death. She had given birth in her bedroom at home, and she said that the baby had been cold when born.’

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UK Human Rights Blog, 6th May 2017

Source: www.ukhumanrightsblog.com

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Campaigners to crowd fund judicial review of partial hospital closure – Local Government Lawyer

Posted April 27th, 2017 in consultations, costs, hospitals, judicial review, legal aid, news by sally

‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’

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Local Government Lawyer, 26th April 2017

Source: www.localgovernmentlawyer.co.uk

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High Court to rule on Christian student declared unfit to practice as a social worker because of ‘traditional’ views on homosexuality – Daily Telegraph

Posted April 26th, 2017 in Christianity, homosexuality, judicial review, news, social services by sally

‘The High Court will rule on whether Christians who express “traditional” views on homosexuality can be barred from gaining professional qualifications after a social work student won the right to challenge his expulsion.’

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Daily Telegraph, 25th April 2017

Source: www.telegraph.co.uk

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The Round-Up: Legal Aid for prisoners in the Court of Appeal – UK Human Rights Blog

Posted April 21st, 2017 in appeals, judicial review, legal aid, news, prisons by tracey

‘The Court of Appeal last week partially granted an application for judicial review of the cuts to Legal Aid in certain categories of prison law. The judgment may change the face of legal representation for prisoners across the UK.’

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UK Human Rights Blog, 18th April 2017

Source: www.ukhumanrightsblog.com

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Community contribution, priority stars and discrimination – Nearly Legal

‘This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled.’

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Nearly Legal, 9th April 2017

Source: www.nearlylegal.co.uk

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Bereaved families bring case against government over prisoner suicides – The Guardian

Posted April 7th, 2017 in death in custody, judicial review, news, prisons, suicide by tracey

‘Relatives of prisoners at HMP Woodhill who have taken their own lives are to bring a legal challenge against the institution’s governor and the justice secretary for allegedly failing to introduce basic safety measures. Eighteen prisoners have killed themselves at the jail in Milton Keynes since early 2013 despite repeated recommendations and guidance from coroners’ reports and official bodies that investigate deaths in custody.’

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The Guardian, 7th April 2017

Source: www.guardian.co.uk

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Assisted dying again: R (Conway) – Law & Religion UK

‘By 2:1, the Administrative Court has dismissed the application of Mr Noel Conway for a declaration that s 2(1) of the Suicide Act 1961 breached his human rights under Articles 8(1) and 14 ECHR.’

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Law & Religion UK, 3rd April 2017

Source: www.lawandreligionuk.com

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Council defeats High Court challenge to masterplan and planning permissions – Local Government Lawyer

Posted April 5th, 2017 in judges, judicial review, local government, news, planning, road traffic by sally

‘A Planning Court judge has dismissed three judicial review challenges to Newcastle City Council’s adoption of a masterplan for a major development and two subsequent grants of planning permission.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

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Judges once again avoid right to die issue – UK Human Rights Blog

‘Noel Douglas Conway, 67, is a victim of motor neurone disease. He has just been refused permission to seek judicial review of the criminalisation of physician-assisted suicide under the Suicide Act 1961. The High Court considered that Parliament has recently examined the issue following the Supreme Court decision in the 2014 Nicklinson case , and two out of three judges concluded that it would be “institutionally inappropriate” for a court to declare that s.2(1) of the Suicide Act was incompatible with the right to privacy and autonomy under Article 8 of the ECHR. Charles J dissented (and those who are interested in his opinion might want to look at his ruling last year in the case of a minimally conscious patient).’

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UK Human Rights Blog, 2nd April 2017

Source: www.ukhumanrightsblog.com

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Local authorities launch legal action over plans to downgrade hospital – Local Government Lawyer

Posted April 3rd, 2017 in hospitals, judicial review, local government, news by sally

‘A group of local authorities have launched a judicial review challenge over what they described as a “confusing and flawed” consultation process on plans to downgrade services at a local hospital.’

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Local Government Lawyer, 31st March 2017

Source: www.localgovernmentlawyer.co.uk

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Man terminally ill with motor neurone disease loses court bid to change law on assisted dying – Daily Telegraph

Posted March 31st, 2017 in assisted suicide, judicial review, news by tracey

‘A man with terminal motor neurone disease says he will appeal against a High Court decision not to allow him to challenge the law on assisted dying.’

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Daily Telegraph, 30th March 2017

Source: www.telegraph.co.uk

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Terminally ill men to hear if assisted dying ban will be reviewed – The Guardian

Posted March 27th, 2017 in assisted suicide, disabled persons, human rights, judicial review, news by tracey

‘Two terminally ill men are expecting to hear this week whether they will be granted permission for a judicial review of the ban on assisted dying which, they say, prevents them from ending their lives without protracted pain.’

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The Guardian, 27th March 2017

Source: www.guardian.co.uk

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Terminally ill former lecturer challenges UK ban on assisted dying – The Guardian

Posted March 22nd, 2017 in assisted suicide, disabled persons, euthanasia, judicial review, news by sally

‘A terminally ill former lecturer has gone to court seeking permission to change the law so that he may be given assistance to die at home surrounded by his family.’

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The Guardian, 21st March 2017

Source: www.guardian.co.uk

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Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews – UK Constitutional Law Association

Posted March 17th, 2017 in immigration, judicial review, news by tracey

‘Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. Immigration-related cases have, for a long time now, presented serious difficulties to the efficient management of the judicial review system in the UK.’

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UK Constitutional Law Association, 16th March 2017

Source: www.ukconstitutionallaw.org/blog

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Discretionary Housing Payments and long term awards – Nearly Legal

Posted March 17th, 2017 in benefits, disabled persons, housing, judicial review, news by tracey

‘R (on the application of Halvai) v Hammersmith and Fulham LBC (2017) QBD (Admin) (Sara Cockerill QC) 09/03/2017. This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H has severe autism and learning and behavioural difficulties. She requires one-to-one care, suffered from extreme anxiety and so had vital and complex accommodation needs, including a very quiet environment.’

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Nearly Legal, 14th March 2017

Source: www.nearlylegal.co.uk

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Student accused of ETS fraud found to have been unlawfully detained – Free Movement

Posted March 15th, 2017 in detention, examinations, fraud, immigration, judicial review, news, notification by tracey

‘In R (on the application of Iqbal) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) the Secretary of State for the Home Department (SSHD) was found to have unlawfully detained a claimant whom they had alleged had fraudulently obtained an Educational Test Service (ETS) certificate to show that he spoke English to the level required for his immigration application.’

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Free Movement, 15th March 2017

Source: www.freemovement.org.uk

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