Schrodinger’s Verdict – 25 Bedford Row
‘When can a jury be agreed and, at the same time, hung? This intriguing question is posed (and answered) by R (Yusuff) [2024] EWHC 692.’
25 Bedford Row, 28th March 2024
Source: www.25bedfordrow.com
Category: judicial review
Government faces JR claim over litigation funding legislation – Legal Futures
‘The Ministry of Justice is being threatened with judicial review over the draft legislation that aims to reverse the impact of the Supreme Court’s PACCAR ruling.’
Legal Futures, 19th April 2024
Source: www.legalfutures.co.uk
Banning ritual prayers in school: Michaela Schools Trust – Law & Religion UK
‘In R (TTT, by her mother and litigation friend UUU) v Michaela Community Schools Trust & Anor [2024] EWHC 842 (Admin), the school’s governing body decided in 2023 to prohibit its pupils from performing prayer rituals on its premises after the Headteacher had banned them as an interim measure. That policy applied to all prayer rituals, regardless of religion, but there was no evidence that pupils of any religion other than Islam wished to perform prayer rituals during the school day. Muslims are required to pray five times a day. The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time”.’
Law & Religion UK, 17th April 2024
Source: lawandreligionuk.com
Prince Harry loses initial attempt to appeal against security ruling – The Guardian
‘The Duke of Sussex has lost an initial attempt to appeal against a high court decision to back a reduction in his level of personal security when visiting the UK.’
The Guardian, 15th April 2024
Source: www.theguardian.com
Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal
‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’
Nearly Legal, 14th April 2024
Source: nearlylegal.co.uk
Disabled claimant loses judicial review challenge over alleged inaction by council in addressing noise and smells – Local Government Lawyer
‘A woman with a heightened sensitivity or hypersensitivity to noise and to smell has lost a judicial review in the High Court after Mr Justice Murray decided there was nothing more the Royal Borough of Kensington & Chelsea (RBKC) could reasonably have done to relieve the situation.’
Local Government Lawyer, 10th April 2024
Source: www.localgovernmentlawyer.co.uk
Judge rejects challenge to decision by Assistant Coroner not to hold Article 2 inquest into death of woman in fire at home – Local Government Lawyer
‘The High Court has rejected a judicial review challenge to an assistant coroner’s decision not to hold an Article 2 inquest examining whether two public bodies had any responsibility for a woman’s death.’
Local Government Lawyer, 11th April 2024
Source: www.localgovernmentlawyer.co.uk
High Court finds Westminster housing policy indirectly discriminatory towards women needing to move to escape violence – Local Government Lawyer
‘A claimant has won a judicial review challenge in the High Court over Westminster City Council’s decision to refuse to agree to her request for a “reciprocal transfer” into accommodation in its area.’
Local Government Lawyer, 9th April 2024
Source: www.localgovernmentlawyer.co.uk
Extended appeals in SEN cases – Local Government Lawyer
‘Leon Glenister analyses a recent judicial review on “extended” appeals in special educational needs.’
Local Government Lawyer, 5th April 2024
Source: www.localgovernmentlawyer.co.uk
Settling cases and interested parties in judicial review – Local Government Lawyer
‘A recent decision of Fordham J highlights some useful practice points about settling judicial review cases, writes Charlotte Tosti.’
Local Government Lawyer, 5th April 2024
Source: www.localgovernmentlawyer.co.uk
The Resurgence of Standing in Judicial Review – Oxford Journal of Legal Studies
‘It is now commonplace for courts to remark that standing to seek judicial review is ‘context-sensitive’. The questions of how the courts adapt standing to context, and whether they do so appropriately, have, however, received remarkably little scholarly and judicial attention. This is perhaps because, until recently, there has been relatively little in the case law to spark scholarly interest. Standing, however, is in the midst of a resurgence. This article makes use of a distinction between three types of judicial review case—challenges to (i) favourable targeted, (ii) unfavourable targeted and (iii) non-targeted decisions—as a mode through which to explore the growing body of standing case law. In doing so, it both seeks to further understanding of how courts determine what constitutes a ‘sufficient interest’ and to highlight areas of the law in need of clarification or reconsideration.’
Oxford Journal of Legal Studies, 14th March 2024
Source: academic.oup.com
Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer
‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’
Local Government Lawyer, 26th March 2024
Source: www.localgovernmentlawyer.co.uk
APIL drops fixed costs judicial review after government “concessions” – Legal Futures
‘The Association of Personal Injury Lawyers (APIL) has withdrawn its judicial review against the government challenging aspects of last October’s extension of fixed recoverable costs (FRCs).’
Legal Futures, 27th March 2024
Source: www.legalfutures.co.uk
Shedding light on solar farm capacity – Local Government Lawyer
‘Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.’
Local Government Lawyer, 22nd March 2024
Source: www.localgovernmentlawyer.co.uk
Solar Farm planning permission quashed on efficiency and land take – 39 Essex Chambers
‘The High Court has quashed the planning permission and a non-material amendment, for a solar farm at Burnhope, County Durham.’
39 Essex Chambers, 26th February 2024
Source: www.39essex.com
Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer
‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’
Local Government Lawyer, 20th March 2024
Source: www.localgovernmentlawyer.co.uk
Environment Agency CARs Under Scrutiny: rights of appeal should generally be available to those aggrieved by these “regulatory decisions” – Francis Taylor Building
‘The common law duty of fairness was, and continues to form, a basis upon which aggrieved parties can challenge regulatory decisions in judicial review. More recently, these standards have been given a legislative footing in the Legislative and Regulatory Reform Act 2006 and the Regulators’ Code, published in April 2014 pursuant to s22 of that Act.’
Francis Taylor Building, 6th February 2024
Source: www.ftbchambers.co.uk
West Midlands PCC wins case to stop his powers being given to Tory mayor – The Guardian
‘The police and crime commissioner for the West Midlands has won a high court challenge against government plans to transfer his powers to the region’s mayor.’
The Guardian, 18th March 2024
Source: www.theguardian.com
Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal
‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’
Nearly Legal, 17th March 2024
Source: nearlylegal.co.uk
Mayor-PCC merger legal bid: How did we get here? – BBC News
‘An application for a legal review into a plan to merge the roles of West Midlands mayor and police and crime commissioner (PCC) is due to be heard in court.’
BBC News, 12th March 2024
Source: www.bbc.co.uk
