‘There were 2,400 judicial review applications received in 2022, up 5% on 2021 (2,300) but down 28% on 2019 (from 3,400) as a pre-Covid19 baseline, the Ministry of Justice has revealed.’
Local Government Lawyer, 3rd March 2023
Source: www.localgovernmentlawyer.co.uk
‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘Plans to drill for gas in the Surrey Hills will be put under judicial review and could be stopped, after local campaigners took the government to the high court.’
The Guardian, 2nd March 2023
Source: www.theguardian.com
‘City of York Council has settled a wheelchair user’s judicial review claim, which argued the local authority’s pavement licensing policy was discriminatory.’
Local Government Lawyer, 1st March 2023
Source: www.localgovernmentlawyer.co.uk
‘Two men are in a relationship and want to have a child. They approach a female friend who is happy to be their surrogate. She has previously had a voluntary sterilisation procedure, so she would need in-vitro fertilisation (IVF) using a donor egg (a procedure known as gestational surrogacy), to help her friends realise their wishes. This is where they all encounter a problem: voluntary sterilisation makes the woman ineligible for publicly funded IVF.’
UK Human Rights Blog, 28th February 2023
Source: ukhumanrightsblog.com
‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’
UK Constitutional Law Association, 21st February 2023
Source: ukconstitutionallaw.org
‘The pumping of raw, untreated sewage into Britain’s waterways is one of the defining political issues of the day. Its potency as a legal issue, however, is limited. That, at least, is the outcome of R (Wild Justice) v OFWAT [2023] EWCA Civ 28.’
UK Human Rights Blog, 21st February 2023
Source: ukhumanrightsblog.com
‘A High Court judge has granted an application from Liverpool City Council to set aside his order requiring it to provide interim relief to an asylum seeker who claimed that an age assessment carried out by the local authority was “erroneous”.’
Local Government Lawyer, 21st February 2023
Source: www.localgovernmentlawyer.co.uk
‘The High Court will hear the first stage of a challenge against the Metropolitan Police over the force’s investigation into former prime minister Boris Johnson’s attendance at Number 10 parties during lockdown.’
The Independent, 22nd February 2023
Source: www.independent.co.uk
‘A coalition of five councils have launched a judicial review into the Major of London’s decision to expand London’s Ultra Low Emissions Zone (ULEZ).’
Local Government Lawyer, 17th February 2023
Source: www.localgovernmentlawyer.co.uk
‘A decision expected from the Court of Appeal in London could re-open the door for the courts to consider the scope of self-invested personal pension scheme (SIPP) operators’ due diligence obligations under Financial Conduct Authority (FCA) rules, and on their obligations to compensate customers where there have been failings, legal experts have said.’
OUT-LAW.com, 17th February 2023
Source: www.pinsentmasons.com
‘The High Court has agreed to hear two judicial review claims of the government’s plan to reduce the discharge of untreated sewage into bodies of water in England, including one claim which argues a seven hundred-year-old common law right has been ignored.’
Local Government Lawyer, 15th February 2023
Source: www.localgovernmentlawyer.co.uk
‘Eight former BBC journalists who had their applications to relocate from Afghanistan to the UK rejected are expecting their cases to be reconsidered after they successfully challenged the rationale behind the refusals at the high court.’
The Guardian, 13th February 2023
Source: www.theguardian.com
‘These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU. The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).’
UKSC Blog, 8th February 2023
Source: ukscblog.com
‘The pilot whose plane crashed at the Shoreham Airshow in 2015, killing 11 men, has asked for permission to judicially review the inquest into their deaths.’
BBC News, 6th February 2023
Source: www.bbc.co.uk
‘In R (Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14, the Court of Appeal considered the implications of the Paris Agreement on climate change for governmental decision-making in relation to investing in a liquified natural gas project in Mozambique (the “Project”). Sir Geoffrey Vos MR, with whom Lord Justice Bean and Sir Keith Lindblom SPT agreed, dismissed Friends of the Earth’s appeal against the Divisional Court’s decision to dismiss their application for judicial review.’
UK Human Rights Blog, 24th January 2023
Source: ukhumanrightsblog.com
‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’
Local Government Lawyer, 16th January 2023
Source: www.localgovernmentlawyer.co.uk
“A High Court judge has ruled that a local authority’s housing allocations policy and its application to a domestic abuse survivor amounted to indirect discrimination.”
Local Government Lawyer, 5th January 2023
Source: www.localgovernmentlawyer.co.uk
‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’
EIN Blog, 3rd January 2023
Source: www.ein.org.uk
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