Category: judicial review

Regina (JS) (Sri Lanka) v Secretary of State for the Home Department

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (JS) (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Posted May 11th, 2009 in asylum, crimes against humanity, criminal responsibility, joint enterprise, judicial review, law reports, war crimes by sally

Court of Appeal

“In order to establish that an asylum seeker was liable for a joint criminal enterprise such as to exclude him from the protection of the Geneva Convention as complicit in war crimes or crimes against humanity, there had to have been a common design which amounted to or involved the commission of a crime provided for by statute.”

The Times, 11th May 2009

Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”

BBC News, 8th May 2009

Source: www.bbc.co.uk

Teacher Matthew Wren wins battle to have DNA records deleted – The Times

Posted May 7th, 2009 in criminal records, DNA, judicial review, news, police by sally

“A teacher has won a High Court battle to have his DNA destroyed after he was unlawfully arrested by police when accused of assault by a pupil.”

The Times, 7th May 2009

Regina (Coleman) v Governor of Wayland Prison and Another

Regina (Coleman) v Governor of Wayland Prison and Another – Times Law Reports

Posted April 23rd, 2009 in judicial review, law reports, prisons by sally

Queen’s Bench Division

“A prison governor had no power, whether under the Prison Rules (SI 1999 No 728) or the common law, to destroy a mobile telephone confiscated from a prisoner.”

The Times, 23rd April 2009

Regina (Sovio Wines Ltd) v Food Standards Agency and Another

Regina (Sovio Wines Ltd) v Food Standards Agency and Another – Times Law Reports

Posted April 9th, 2009 in food, judicial review, law reports by sally

Queen’s Bench

“A grape product could be made subject to a movement control notice preventing its distribution if it had been labelled as wine but had been produced using an alcohol reduction technology that was not approved by the European Union.”

The Times, 9th April 2009

Regina (Mendes and Another) v Southwark London Borough Council

Regina (Mendes and Another) v Southwark London Borough Council – Times Law Reports

Posted April 7th, 2009 in costs, judicial review, law reports, reasons by sally

Court of Appeal

“A judge needed to give reasons for preferring one side’s arguments over the other on an application made by written submissions concerning costs.”

The Times, 7th April 2009

Regina (A) v Director of Establishments of the Security Service

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Posted April 7th, 2009 in disclosure, intelligence services, investigatory powers, judicial review, law reports by sally

Court of Appeal

“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”

The Times, 6th April 2009

R (Coleman) v Governor of Wayland Prison and another; [2009] WLR (D) 132

R (Coleman) v Governor of Wayland Prison and another – WLR Daily

Posted April 7th, 2009 in judicial review, law reports, prisons by sally

“While a mobile telephone found in the possession of a prisoner might properly be taken away from him, neither rule 43(5) of the Prison Rules 1999 nor the common law provided a prison governor with power to destroy the mobile telephone.”

WLR Daily, 6th April 2009

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) – WLR Daily

Posted March 26th, 2009 in disclosure, judgments, judicial review, law reports, terrorism, torture by sally

“Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential plea bargain negotiations in the United States involving the claimant, should be made public in accordance with the undertaking of the court at the time of that judgment.”

WLR Daily, 25th March 2009

R (Mendes and another) v Southwark London Borough Council; [2009] WLR (D) 108

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Mendes and another) v Southwark London Borough Council – WLR Daily

Posted March 26th, 2009 in costs, judicial review, law reports, reasons by sally

“A judge needed to give reasons for preferring one side’s arguments over the other on an application for costs made by written submissions following the case being settled.”

WLR Daily, 25th March 2009

Regina (Ahmad) v Newham London Borough Council

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Ahmad) v Newham London Borough Council – Times Law Reports

Posted March 6th, 2009 in housing, judicial review, law reports by sally

House of Lords

“A scheme for the allocation of council housing which placed all applicants with priority needs, save for a few extreme cases, into one group and allocated any available property to the applicant who had been on the waiting list for the longest period was neither unlawful nor irrational.”

The Times, 6th March 2009

R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

R (Ahmad) v Newham London Borough Council – WLR Daily

Posted March 5th, 2009 in housing, judicial review, law reports by sally

“A local authority scheme for the allocation of social housing which accorded priority amongst applicants with ‘reasonable preference’ under s 167 of the Housing Act 1996, as amended, according to length of time on the waiting list, rather than relative need, was neither unlawful nor irrational.”

WLR Daily, 4th March 2009

Regina (Boggis and Another) v Natural England

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Boggis and Another) v Natural England – Times Law Reports

Posted February 25th, 2009 in judicial review, law reports, sites of special scientific interest by sally

Queen’s Bench Division

“Designation of a Site of Special Scientific Interest without considering its effect on a neighbouring Special Protection Area for the protection of rare or vulnerable bird species, could amount to a plan which should not be carried out.”

The Times, 25th February 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Court case over boy’s 1990 death – BBC News

Posted February 23rd, 2009 in doctors, judicial review, negligence, news by sally

“The General Medical Council (GMC) faces a judicial review later over claims it failed to investigate a boy’s death nearly 19 years ago.”

R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63

BBC News, 23rd February 2009

Source: www.bbc.co.uk

R (A) v Director of Establishments of the Security Service – WLR Daily

Posted February 20th, 2009 in disclosure, intelligence services, investigatory powers, judicial review, law reports by sally

WLR Daily, 19th February 2009

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families [2009] EWHC 219 (Admin); [2009] WLR (D) 58

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families – WLR Daily

Posted February 18th, 2009 in EC law, education, judicial review, law reports, public procurement by sally

“A parent of school age children could not be classed as an ‘economic operator’ and did not therefore have sufficient standing under European and domestic rules on public procurement to bring a claim for judicial review of a decision of the Secretary State to approve an expression of interest by a sponsor of an academy under s 482 of the Education Act 1996 (as substituted by s 65(1) of the Education Act 2002). The protection conferred by the procurement regime created by the Public Contracts Regulations 2006 (SI 2006/5) could only be invoked in private law proceedings by affected economic operators.”

WLR Daily, 17th February 2009

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Parents lose fight to stop ‘preferred bidder’ sponsoring London academy – The Guardian

Posted February 13th, 2009 in education, judicial review, news, public procurement by sally

“Parents and campaigners have lost a judicial review to prevent the government introducing academies without holding competitions to allow a range of sponsors to come forward.”

The Guardian, 13th February 2009

Source: www.guardian.co.uk

‘Written tests are no guide to your ability to be a judge’ – The Times

Posted January 29th, 2009 in examinations, judicial appointments commission, judicial review, news by sally

“A judge has taken the unprecedented step of launching legal action because he failed to be shortlisted for a judicial post after sitting a new written test. David Page, 58, who has sat as a £102,000-a-year full-time immigration judge since 2002, was insulted and shocked to find that he was ruled out after two 40-minute written papers.”

The Times, 29th January 2009

High Court bid to block eco-towns – BBC News

Posted January 27th, 2009 in housing, judicial review, news, planning by sally

“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”