Category: judicial review

T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391

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

Policy change on certain judicial reviews – UK Border Agency

Posted January 9th, 2009 in immigration, judicial review, press releases by sally

“A new policy on handling legal challenges to us removing people from the United Kingdom (judicial review challenges) will come into effect on 30 January. This will help us establish a swift end-to-end process for concluding asylum cases and deporting foreign national prisoners.”

Full press release

UK Border Agency, 9th January 2009

Source: www.ukba.homeoffice.gov.uk

T Mobile (UK) Ltd and another v Office of Communications – WLR Daily

Posted December 17th, 2008 in competition, judicial review, law reports, telecommunications, tribunals by sally

“A challenge to a the decision of the Office of Communications (‘Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (‘CAT’).”

WLR Daily, 16th December 2008

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

Ministers say they will ignore asylum-seekers’ 11th-hour pleas – The Independent

Posted December 12th, 2008 in asylum, judicial review, news by sally

“Refugees warned to expect deportation even if judicial review bid has been lodged .”

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others

The Independent, 12th December 2008

Source: www.independent.co.uk

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 5th, 2008 in constitutional law, elections, judicial review, law reports, Sark by sally

Court of Appeal

“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”

The Times, 5th December 2008

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376

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

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 4th, 2008 in constitutional law, elections, human rights, judicial review, law reports, Sark by sally

“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th December 2008

Regina (JL) (a Youth) v Secretary of State for Justice

Regina (JL) (a Youth) v Secretary of State for Justice – Times Law Reports

Posted December 2nd, 2008 in human rights, judicial review, law reports, mental health, prisons by sally

House of Lords

“A near-suicide in custody which resulted in the prisoner’s mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life.”

The Times, 2nd December 2008

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

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

R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

Posted November 25th, 2008 in judicial review, law reports, police, search & seizure, warrants by sally

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th November 2008

Regina (Zimbabwe) 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 (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted November 21st, 2008 in detention, immigration, judicial review, law reports by sally

Court of Appeal

“Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review.”

The Times, 21st November 2008

E v Chief Constable of the Royal Ulster Constabulary and Another

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

E v Chief Constable of the Royal Ulster Constabulary and Another – Times Law Reports

Posted November 19th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

House of Lords

“The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. It was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

The Times, 19th November 2008

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation

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

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation – The Times

Posted November 18th, 2008 in fees, judicial review, law reports, protective costs orders by sally

Court of Appeal

“Where a party with limited means applied for a protective costs order to bring a matter of public importance before the court, and that party was represented by means of a conditional fee agreement, the agreed success fee was relevant to the amount of the cap on the costs order and consequently was to be disclosed to the court.”

The Times, 18th November 2008

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

Taxman misled court into granting search warrants – The Times

Posted November 13th, 2008 in HM Revenue & Customs, judicial review, news, search & seizure by sally

“Search warrants executed by Revenue & Customs at the offices of a tax consultancy were held to be unlawful by the High Court today.”

The Times, 13th November 2008

E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) [2008] UKHL 66; [2008] WLR (D) 351

E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) – WLR Daily

Posted November 13th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

“The positive obligation imposed on the state and its emanations by art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified, and was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

WLR Daily, 12th November 2008

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn [2008] EWCA Civ 1209; [2008] WLR (D) 348

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

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

Posted November 11th, 2008 in fees, judicial review, law reports, protective costs orders by sally

“On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”

WLR Daily, 10th November 2008

R (Hillingdon London Borough Council and others) v Lord Chancellor and another [2008] EWHC 2683 (Admin); [2008] WLR (D) 347

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

R (Hillingdon London Borough Council and others) v Lord Chancellor and another – WLR Daily

Posted November 10th, 2008 in costs, family courts, fees, judicial review, practice directions by sally

WLR DAily, 7th November 2008

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.

Challenge to attorney’s powers by family of student killed in Germany – The Guardian

Posted November 10th, 2008 in attorney general, inquests, judicial review, news by sally

“The power of the attorney general to make decisions free from the scrutiny of courts came under renewed attack last week, in a challenge by the family of Jeremiah Duggan, a British student whose death in Germany five years ago has been described by lawyers as ‘disturbing and bizarre’.”

Regina (Reynolds) v Independent Police Complaints Commission

The Guardian, 10th November 2008

Source: www.guardian.co.uk

Regina (Reynolds) v Independent Police Complaints Commission – Times Law Report

Posted November 6th, 2008 in judicial review, law reports, personal injuries, police by sally

Court of Appeal

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty to investigate independently the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

The Times, 6th November 2008

Practice Direction (Upper Tribunal: Judicial review jurisdiction); [2008] WLR (D) 336

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

Practice Direction (Upper Tribunal: Judicial review jurisdiction) – WLR Daily

Posted October 31st, 2008 in judicial review, jurisdiction, law reports, practice directions, tribunals by sally

“Two classes of application to the Upper Tribunal were specified for the purposes of s 18(6) of the Tribunals, Courts and Enforcement Act 2007.”

WLR Daily, 30th October 2008

Friends of the Earth v Secretary of State for Business Enterprise and Regulatory Reform [2008] EWHC 2518 (Admin); [2008] WLR (D) 333

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

Friends of the Earth v Secretary of State for Business Enterprise and Regulatory Reform – WLR Daily

Posted October 29th, 2008 in energy, judicial review, law reports by sally

“In the absence of a rationality challenge or a demonstrated failure to implement identifiable provisions of the strategy for the reduction of fuel poverty published by the defendant Secretaries of State in accordance with the duty imposed by s 2(1) of the Warm Homes and Energy Conservation Act 2000, it was not open to the court to review the policy decisions of the defendants as to the way in which they should go about the implementation of the strategy, including the requirement that efforts be made to achieve the targets specified as far as reasonably practicable.”

WLR Daily, 29th October 2008

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

Appeal court to rule on log cabin – BBC News

Posted October 27th, 2008 in judicial review, news, planning, travellers by sally

“A council will not fight a legal challenge by travellers over a building at the Dale Farm site in Essex.”