Category: judicial review

Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers

Posted April 8th, 2022 in chambers articles, children, coronavirus, disclosure, government departments, judicial review, news, statistics, vaccination by sally

‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’

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Henderson Chambers, 31st March 2022

Source: www.hendersonchambers.co.uk

High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man – Local Government Lawyer

Posted April 4th, 2022 in autism, contempt of court, disabled persons, injunctions, judicial review, learning difficulties, local government, news by sally

‘A High Court judge has found Cardiff City Council in contempt of court over its failure to comply with a mandatory injunction in a case concerning future placement planning for a young man with a range of diagnoses including autistic spectrum disorder and severe communication and learning difficulties.’

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Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

Lewis Graham: The Reed Court by Numbers: How Shallow is the ‘Shallow End’? – UK Constitutional Law Association

Posted April 4th, 2022 in constitutional law, judicial review, news, Supreme Court by sally

‘In a recent critical essay for the London Review of Books, Conor Gearty penned a wonderful, if provocative, account of the recent output of the UK Supreme Court, and attributed a substantial amount of influence to its President, Lord Reed. His “commitment to formalism”, said Gearty, has led to a series of decisions which shrink human rights protections, valorise the state and (especially) the government, and “insulate the decision-maker from judicial review” in all but the most extreme circumstances. The Supreme Court, he suggested, is in no danger of being out of its depth; Reed has marshalled the judges to the safe waters of “the shallow end”.’

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UK Constitutional Law Association, 4th April 2022

Source: ukconstitutionallaw.org

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability – Local Government Lawyer

Posted March 31st, 2022 in judicial review, local government, news, planning, time limits by sally

‘A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Judge refuses Tesco permission to bring judicial review challenges over permissions for new Aldi store – Local Government Lawyer

Posted March 30th, 2022 in judicial review, local government, news, planning by sally

‘A High Court judge has refused Tesco permission to bring two judicial review claims over grants of planning permission by Havering Council that will facilitate a new Aldi store in Romford.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

UK High Court rules blanket seizure of asylum seekers’ phones breached Article 8 ECHR – EIN Blog

Posted March 28th, 2022 in asylum, data protection, government departments, human rights, immigration, judicial review, news, privacy, telecommunications by tracey

‘On 25 March 2022, the UK High Court ruled that the Home Office acted unlawfully and breached human rights and data protection laws by operating a secret, blanket policy of seizing, retaining and extracting data from the mobile phones of asylum seekers arriving by small boat to UK shores between April and November 2020.’

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EIN Blog, 25th March 2022

Source: www.ein.org.uk

Greater Manchester: Bus firm appeals against public control ruling – BBC News

Posted March 28th, 2022 in appeals, consultations, judicial review, local government, news, transport by tracey

‘A bus operator that lost a legal battle to stop Greater Manchester’s bus network returning to public control is appealing against the ruling.’

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BBC News, 27th March 2022

Source: www.bbc.co.uk

Good Law Project fails to revive PPE claim after serving one day late – Law Society’s Gazette

Posted March 25th, 2022 in appeals, coronavirus, government departments, judicial review, news, public procurement, service, threatening to destroy or damage property, time limits by tracey

‘The Good Law Project (GLP) has lost a bid to revive a judicial review which was thrown out after the legal campaign group served a claim form one day late.’

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Law Society's Gazette, 24th March 2022

Source: www.lawgazette.co.uk

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

Posted March 17th, 2022 in anonymity, brexit, judicial review, ministers' powers and duties, news, public interest by tracey

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

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UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Just over half of judicial review judgments are available to the public on Bailii: report – Local Government Lawyer

Posted March 9th, 2022 in Administrative Court, internet, judgments, judicial review, local government, news, statistics by sally

‘Of the 5,408 unique judgments given by the Administrative Court from 1 January 2015 to 31 December 2020, only 55% (3,001) are available to the public on BAILII, research has suggested.’

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Local Government Lawyer, 8th March 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives permission for legal challenge to Net Zero and Heat and Buildings Strategies – Local Government Lawyer

Posted March 8th, 2022 in charities, climate change, environmental protection, judicial review, news by tracey

‘Three campaign groups – Friends of the Earth, ClientEarth and the Good Law Project – have been given permission to bring a legal challenge in the High Court over the Government’s Net Zero and Heat and Buildings Strategies.’

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Local Government Lawyer, 7th March 2022

Source: www.localgovernmentlawyer.co.uk

Neighbourhood plans and draft Local Plan allocation – Local Government Lawyer

Posted March 7th, 2022 in housing, judicial review, local government, news, planning by tracey

‘A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.’

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Local Government Lawyer, 4th March 2022

Source: www.localgovernmentlawyer.co.uk

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

Posted March 4th, 2022 in appeals, brexit, devolution, devolution issues, human rights, judicial review, jurisdiction, news, Supreme Court, Wales by tracey

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

Daniel Hoadley, Joe Tomlinson, Editha Nemsic and Cassandra Somers-Joce: How public is public law? Approximately 55% – UK Constitutional Law Association

Posted February 28th, 2022 in constitutional law, internet, judgments, judicial review, news, statistics by sally

‘Judicial review judgments possess multi-layered value. For the parties to a case, they are an authoritative record of the outcome of a legal dispute, providing reasons for that outcome. For lawyers and judges, they support the provision of advice about the law and become legal authorities that can be used to argue and resolve future disputes. As a part of the wider constitutional system, they bring a degree of transparency to the judicial process. For researchers, they form part of the primary materials that can be subjected to different methodologies that seek to advance the understanding and analysis of public law in the courts.’

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UK Constitutional Law Association, 25th February 2022

Source: ukconstitutionallaw.org

Vicky Kapogianni: Clause 45 of the Nationality and Borders Bill: A Quasi-Open Window of Access to Justice – UK Constitutional Law Association

Posted February 24th, 2022 in asylum, bills, human rights, judicial review, legal aid, news, refugees by sally

‘Access to justice is a fundamental right in the common law and an essential part of the rule of law. In R v Lord Chancellor Ex Parte Witham, Laws J stated that the common law affords special weight to the right of access to the courts as a constitutional right. Such a constitutional right derives chiefly from two sources, the common law per se and Article 6 of the European Convention on Human Rights (ECHR). One of the major issues, however, for asylum seekers is the fact that the guarantees afforded under Article 6 ECHR, do not apply to asylum decisions. Its wider protection is constrained to the determination of “civil rights and obligations” and the right to asylum is not considered a “civil right” within the context of Article 6 (1) ECHR. Therefore, asylum seekers whose applications for refugee status or humanitarian protection have been unsuccessful, including refugees whose leave to enter or remain has been revoked, are subject to removal under section 10 of the Immigration and Asylum Act 1999.’

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UK Constitutional Law Association, 24th February 2022

Source: ukconstitutionallaw.org

Court of Appeal refuses permission to judicially review infected blood compensation scheme – UK Human Rights Blog

Posted February 22nd, 2022 in appeals, blood products, compensation, disability discrimination, equality, HIV, human rights, judicial review, news by tracey

‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

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UK Human Rights Blog, 21st February 2022

Source: ukhumanrightsblog.com

A question of standing – UK Human Rights Blog

Posted February 21st, 2022 in coronavirus, delay, equality, government departments, human rights, judicial review, news by sally

‘This was an interesting ruling on the matter of standing, something that has fallen rather by the wayside since it formed the subject of much satellite litigation in the 1990s. In essence, the Court ruled that the GLP had no standing to bring this claim. Despite its articles of association, whose purposes include the provision of sound administration and equality, democracy, high standards in public administration, access to justice, preservation of the environment or “any other philanthropic or benevolent purpose ancillary”.’

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UK Human Rights Blog, 18th February 2022

Source: ukhumanrightsblog.com

Homelessness – second applications and new facts threshold – Nearly Legal

Posted February 21st, 2022 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’

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Nearly Legal, 19th February 2022

Source: nearlylegal.co.uk

Euston tunnellers’ court victory at risk as CPS seeks to overturn verdict – The Guardian

Posted February 15th, 2022 in climate change, demonstrations, judicial review, news, railways, trespass by tracey

‘The Crown Prosecution Service has launched a high court challenge to the decision by a judge last year to let the Euston tunnellers walk free after their trial.’

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The Guardian, 14th February 2022

Source: www.theguardian.com

High Court gives permission for judicial review over impact of development on diversity and character of Brick Lane area – Local Government Lawyer

Posted February 1st, 2022 in diversity, judicial review, news, planning by sally

‘Campaigners have secured permission for a judicial review challenge over Tower Hamlets Council’s grant of planning permission for a new office building on Brick Lane.’

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Local Government Lawyer, 31st January 2022

Source: www.localgovernmentlawyer.co.uk