‘The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no obstacle to the plan proceeding.’
Free Movement, 19th December 2022
Source: freemovement.org.uk
‘The founder of the former children’s charity Kids Company, Camila Batmanghelidjh, has won permission to go to the high court to try to overturn a charities watchdog report she claims was unbalanced, unfair and unlawful.’
The Guardian, 19th December 2022
Source: www.theguardian.com
‘A former leader of the London Borough of Haringey has lost a judicial review challenge over a decision by the Local Government and Social Care Ombudsman to name him in a report.’
Local Government Lawyer, 12th December 2022
Source: www.localgovernmentlawyer.co.uk
‘Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.’
UKSC Blog, 12th December 2022
Source: ukscblog.com
‘Emma-Louise Fenelon speaks with Jonathan Jones about recent developments in UK public law and the Constitution. The discussion covers recent political turbulence, the Union, the Northern Ireland Protocol, Judicial Review reforms, Human Rights Act reforms and standards and ethics in public life.’
Law Pod UK, 12th December 2022
Source: audioboom.com
‘Two million people on legacy benefits missed out more than £1,500 in extra Universal Credit support payments during the Covid-19 lockdown in the UK. Four claimants brought a challenge to the High Court in November 2021 in relation to the UK government’s failure to apply a similar increase to legacy benefits. Today, the Court of Appeal will heard the case.’
Each Other, 7th December 2022
Source: eachother.org.uk
‘Earlier this year, in a Divisional Court judgment that garnered much attention from public lawyers, the Home Office conceded that its secret and blanket policy of seizing and downloading data from the mobile phones of all those arriving by small boats was unlawful: R (HM, MA and KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin). Having initially denied the existence of the blanket policy as “based on anecdote and surmise” in pre-action correspondence, a position from which the government did not resile following the commencement of judicial review proceedings, the defendant belatedly accepted in advance of the hearing that such a policy did indeed operate between April and November 2020 (para 32). The defendant ultimately accepted that their position prior to this point was “inadvertently inconsistent with the duty of candour” and offered an “unreserved apology” (para 32).’
UK Constitutional Law Association, 7th December 2022
Source: ukconstitutionallaw.org
‘An application for a judicial review into the decision to shut Doncaster Sheffield Airport has been refused, Doncaster Council has said.’
BBC News, 1st December 2022
Source: www.bbc.co.uk
‘The takeover of the collapsed energy supplier Bulb in a deal which would create the UK’s third largest gas and electricity provider has been approved in a London court.’
The Guardian, 30th November 2022
Source: www.theguardian.com
‘In this first Judgment, the Court analysed powers granted by the Immigration Acts 1971 and 2016 and rejected the Defendant’s erroneous interpretation of the relevant statutory provisions. It then made consequential orders (also reported) including steps to publicise its ruling, given that over 400 phones, still held, could not be linked to any individual migrant.’
UK Human Rights Blog, 21st November 2022
Source: ukhumanrightsblog.com
‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’
Nearly Legal, 20th November 2022
Source: nearlylegal.co.uk
‘Torbay Council has issued a second pre-proceedings letter for a judicial review of the Home Office’s plan to block-book a third hotel in the area in order to accommodate asylum seekers.’
Local Government Lawyer, 18th November 2022
Source: www.localgovernmentlawyer.co.uk
‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’
Local Government Lawyer, 17th November 2022
Source: www.localgovernmentlawyer.co.uk
‘Campaigners have taken the Welsh government to court over sex education lessons they claim give prominence to LGBTQ+ themes.’
BBC News, 16th November 2022
Source: www.bbc.co.uk
‘The use of crowdfunding to access public law litigation is a matter which attracts much online commentary but has thus far, with notable exceptions, received considerably less rigorous scholarly engagement. Accordingly, several important questions remain unanswered as to the dynamics of crowdfunded litigation – amongst others, who are the actors bringing (and defending) these cases, how much money do cases raise, and how do they fare in the judicial review system? In a recent article published open access in the Modern Law Review, I report the results of an empirical study which charts the landscape of judicial review crowdfunding systematically for the first time. In the study, I analyse 413 crowdfunding pages by people seeking funding for judicial review claims, posted on CrowdJustice, the leading litigation crowdfunding website. Here, I highlight some of the study’s results, and emphasise the difficulties facing prospective litigants in accessing judicial review, even with the advent of crowdfunding, a problem which has, previously on this blog, been termed ‘public law’s disgrace’.’
UK Constitutional Law Association, 8th November 2022
Source: ukconstitutionallaw.org
‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’
Local Government Lawyer, 31st October 2022
Source: www.localgovernmentlawyer.co.uk
‘The High Court will interfere with a public authority’s decision only if there has been an error of law, a judge has stressed in a ruling explaining the requirements for judicial review.’
Law Society’s Gazette, 28th October 2022
Source: www.lawgazette.co.uk
‘In the second in a two-part series on a recent procurement challenge brought by the Good Law Project, Juli Lau looks at the procurement principles considered by the court.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
‘Jacob Rees-Mogg is facing legal action over his decision to lift the moratorium on fracking in England.’
The Independent, 19th October 2022
Source: www.independent.co.uk
‘The family of a vulnerable Black man who died after being tasered by police and then jumping from Chelsea Bridge have threatened to sue the police watchdog.’
The Independent, 18th October 2022
Source: www.independent.co.uk
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