Ffos-y-Fran: Campaigners go to courts to stop mine digging for coal – BBC News
‘Climate campaigners are taking legal action to try and force the closure of the UK’s largest opencast coalmine.’
BBC News, 10th August 2023
Source: www.bbc.co.uk
Category: judicial review
‘As easy as 123’ – Section 123 of the Local Government Act 1972 considered in R (Cilldara) v West Northamptonshire Council [2023] EWHC 1675 (Admin) – Local Government Lawyer
‘Colin Ricciardello and Jonathan Blunden analyse the increasing number of challenges to councils’ use of s123 of the Local Government Act 1972 (the “1972 Act”).’
Local Government Lawyer, 4th August 2023
Source: www.localgovernmentlawyer.co.uk
The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests – QMLR
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
Court of Appeal: ongoing judicial review can be ‘reasonable excuse’ for late tax payment – OUT-LAW.com
‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’
OUT-LAW, 1st August 2023
Source: www.pinsentmasons.com
Covid, the Cabinet and a tussle over disclosure: R (Cabinet Office) v The Chair of the UK Covid-19 Inquiry – UK Human Rights Blog
‘In a decision that may come as little surprise to those working in the fields of inquiries and public law, the Divisional Court consisting of Dingemans LJ and Garnham J dismissed the Cabinet Office’s application for judicial review of a notice issued by Baroness Hallett, the Chair of the UK Covid-19 Inquiry (“the Inquiry”) requesting the production of WhatsApp messages.’
UK Human Rights Blog, 26th July 2023
Source: ukhumanrightsblog.com
Legal aid JR to be heard in run-up to Christmas – Law Society’s Gazette
‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’
Law Society's Gazette, 24th July 2023
Source: www.lawgazette.co.uk
R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog
‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’
Inquests and Inquiries Law Blog, 18th July 2023
Source: inquestsandinquirieslawblog.com
Ruling gives clarity on assessing cumulative carbon emissions from infrastructure development – OUT-LAW.com
‘The courts in the UK should not be drawn into considering policy when examining if climate decision-making has been lawful, a High Court judge has said.’
OUT-LAW.com, 19th July 2023
Source: www.pinsentmasons.com
Judge rejects challenge to Surrey Hills oil and gas exploration plans – The Guardian
‘Fossil fuel prospectors have cleared another hurdle on their path to drill for oil and gas near an area of outstanding natural beauty (AONB) in the Surrey Hills after campaigners lost a judicial review of the plan.’
The Guardian, 20th July 2023
Source: www.theguardian.com
Airbase asylum plans: High Court gives permission to councils’ challenge – BBC News
‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’
BBC News, 14th July 2023
Source: www.bbc.co.uk
NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer
‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com
‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’
OUT-LAW.com, 6th July 2023
Source: www.pinsentmasons.com
Court orders ministers to hand Boris Johnson’s WhatsApps to Covid inquiry – The Guardian
‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’
The Guardian, 6th July 2023
Source: www.theguardian.com
High Court begins hearing judicial review against Home Office and London borough over support for child trafficking victims – Local Government Lawyer
‘The High Court is this week (4-5 July) hearing a judicial review challenge brought by a child trafficking victim who contends he was not given any specialist support for his trafficking-related needs from the Home Office and his local authority for several years.’
Local Government Lawyer, 5th July 2023
Source: www.localgovernmentlawyer.co.uk
Council defeats High Court challenge over sale of large plot of land next to football stadium – Local Government Lawyer
‘West Northamptonshire Council has successfully defended a judicial review challenge brought by an unsuccessful bidder over the local authority’s decision to sell land adjacent to Sixfields Stadium, the home of Northampton Town Football Club.’
Local Government Lawyer, 5th July 2023
Source: www.localgovernmentlawyer.co.uk
Elderly black man who was punched by police officer wins judicial review – The Guardian
‘The high court has overturned a decision by the police watchdog that an officer who punched an elderly black man in the face had no case to answer.’
The Guardian, 4th July 2023
Source: www.theguardian.com
New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog
‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’
UKSC Blog, 28th June 2023
Source: ukscblog.com
UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian
‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’
The Guardian, 30th June 2023
Source: www.theguardian.com
Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News
‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’
BBC News, 29th June 2023
Source: www.bbc.co.uk
Society secures JR permission over criminal legal aid fees – Law Society’s Gazette
‘The Law Society has been granted permission to take the government to court over its decision not to raise criminal legal aid fees by the minimum 15% recommended by the Bellamy review.’
Law Society's Gazette, 22nd June 2023
Source: www.lawgazette.co.uk
