“The High Court has the power to judicially review decisions in the Crown Court, except in ‘matters relating to trial on indictment’ (s 29(3) Supreme Court Act 1981). The rationale for the exclusion is that judicial review should not be used as a means of delaying trials and clogging up the criminal justice process.”
Law Commission, 30th October 2007
Source: www.lawcom.gov.uk
Relationship too close for independence of board
Queen’s Bench Divisional Court
“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”
The Times, 18th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Al Gore’s award-winning climate change documentary was littered with nine inconvenient untruths, a judge ruled yesterday.”
Related link: Dimmock v Secretary of State for Education and Skills
The Times, 11th October 2007
Source: www.timesonline.co.uk
“The Mental Health Lawyers Association (MHLA) has launched judicial review proceedings against the Legal Services Commission (LSC) over its decision to introduce a fixed-fee scheme for mental health work.”
Law Society’s Gazette, 4th October 2007
Source: www.lawgazette.co.uk
Challenging deportation decisions quickly
Regina (Madan) v Secretary of State for the Home Department; Regina (Kapoor) v Same
Court of Appeal
“Applications for judicial review of deportation decisions had to be made promptly. The Court of Appeal so stated in a reserved judgment following a hearing of applications in judicial review proceedings by Harmit Singh Madan and Barat Kapoor for permission to appeal against the refusal by Mr Justice Mitting on June 26, 2007 to grant injunctions to prevent their removal to Afghanistan.”
The Times, 27th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Judicial review not available
Regina (F (Mongolia)) v Secretary of State for the Home Department
Court of Appeal
“Judicial review was not available to challenge a refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge’s decision. ”
The Times, 28th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Final determination can be challenged
Regina (Donnachie) v. Cardiff Magistrates’ Court
Queen’s Bench Divisional Court
“A ruling on a preliminary issue on jurisdiction by a district judge was a final determination that could be challenged by case stated or by judicial review.”
The Times, 22nd August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
No entitlement to trial
Regina (Singh) v Stratford Magistrates Court
“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”
The Times, 13th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (Donnachie) v. Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin)
“Where a district judge had decided a preliminary issue as to jurisdiction his ruling could properly be challenged by way of case stated or judicial review. An offence under s1(1)(a) of the Trade Descriptions Act 1968 was a separate offence from that created by s1(1)(b) and was committed at the time when an odometer reading was altered. The local authority rather than one of its officers was the prosecutor within the meaning of s19 of the 1968 Act and it discovered an offence under that section when one of its officers first became aware of the offence.”
WLR Daily, 27th July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Disparity reference to ECJ
Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs
Court of Appeal
“The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference.”
The Times, 30th July 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The Law Society has dealt a major blow to the Government’s controversial plans to reform the £2bn legal aid system after a High Court judge upheld the bulk of the body’s objections to the proposals.”
Legal Week, 27th July 2007
Source: www.legalweek.com
“The Black Solicitors Network (BSN) and the Society of Asian Lawyers (SAL) have withdrawn their joint judicial review action over the government’s legal aid reforms.”
Law Society’s Gazette, 26th July 2007
Source: www.lawgazette.co.uk
“The much-anticipated judicial review brought by black and Asian lawyers against the Government’s Carter reforms ended abruptly yesterday (19 July) after the application was withdrawn.”
The Lawyer, 20th July 2007
Source: www.thelawyer.com
Courts cannot judge specialist policy
Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others
Queen’s Bench Division
“Where a specialist body’s decision involved balancing policy issues which a court was ill-equipped to judge, that reduced the likelihood that the decision would be found to be an abuse of power.”
The Times, 29th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Extending suspension of doctor
General Medical Council v. Hiew
Court of Appeal
“It was not the function of a judge being asked to extend the interim suspension from practice of a doctor by the General Medical Council to make findings of fact that led to the suspension. If the reason for the suspension was to be challenged, the doctor should seek judicial review.”
The Times, 15th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Parole board 55-day target unlawful
Regina (Cooper) v. Parole Board
Queen’s Bench Division
“Parole Board’s target of 55 days from request for the setting of hearing dates to considering the propriety of a person’s recall to prison, being driven by resources, was unlawful.”
The Times, 6th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The campaign to force the Government to scale back its controversial legal aid reforms has been dealt a blow after the High Court rejected the first call for a judicial review over the planned changes.”
Legal Week, 4th June 2007
Source: www.legalweek.com
Abuse of executive power over Chagos Islanders
Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2)
Court of Appeal
“The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.”
The Times, 31st May 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498
“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”
WLR Daily, 23rd May 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Junior doctors will this week take the health secretary, Patricia Hewitt, to court in a final attempt to stop a job selection process she admits “has simply not worked”. Remedy UK, an organisation representing 10,000 young doctors, is seeking a judicial review that would mean all training posts granted under the discredited system would only last for a year, allowing for a fairer system to be introduced in six months.”
The Guardian, 14th May 2007
Source: www.guardian.co.uk
© Inner Temple Library 2024