Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog

Posted August 23rd, 2022 in asylum, children, human rights, immigration, judicial review, local government, news by sally

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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UK Human Rights Blog, 22nd August 2022

Source: ukhumanrightsblog.com

Council reaffirms adoption of development plan document despite judicial review threat – Local Government Lawyer

Posted August 17th, 2022 in housing, judicial review, local government, news, planning by sally

‘Mid Sussex Council has reaffirmed its decision to adopt a development plan document that could see the building of 1700 homes, despite a threat of judicial review by one of its own councillors, who argues the decision was procedurally flawed.’

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Local Government Lawyer, 16th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives green light for fourth judicial review challenge regarding future of London housing estate – Local Government Lawyer

Posted August 15th, 2022 in consultations, housing, judicial review, local government, London, news, planning by sally

‘A judicial review challenge of Lambeth Council’s planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Breach of condition notices and the public sector equality duty – Local Government Lawyer

Posted August 15th, 2022 in enforcement notices, judicial review, local government, news, planning by sally

‘A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Sizewell C nuclear plant approval faces legal challenge – The Guardian

‘Campaigners have begun a legal challenge against the government’s decision to give the Sizewell C nuclear power station the go-ahead amid warnings that UK nuclear plants will be on the frontline of climate breakdown.’

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The Guardian, 8th August 2022

Source: www.theguardian.com

Court of Appeal rejects as “academic” judicial review claim over ending of ‘Everyone In’ homelessness scheme – Local Government Lawyer

‘The Court of Appeal has rejected an appeal over a High Court judge’s dismissal of a judicial review challenge to the Government’s decision to end the “Everyone In” initiative that was launched to get rough sleepers off the streets during the pandemic.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Joe Tomlinson, Naoise Coakley and Roisin Gambroudes: It’s a trap! The changing dynamics of executive engagements with judicial review – UK Constitutional Law Association

‘It is not surprising or new that the executive plays institutional chess with the courts. Judicial review, though concerned with legality, is functionally concerned with the control of governmental power and any review exercise by the courts–no matter how legitimate–is likely to be felt by officials as impacting upon their domain from time to time. If a system of judicial review did not make officials feel this way at least on occasion, it would not be a worthwhile system at all.’

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UK Constitutional Law Association, 28th July 2022

Source: ukconstitutionallaw.org

The Government’s Net Zero Strategy Ruled ‘Unlawful’ – Each Other

‘In a landmark victory, the High Court has ruled in favour of Friends of The Earth, ClientEarth and the Good Law Project, who took the Government to court over its Net Zero Strategy. Now that the policy has been deemed unlawful, the government must revise its strategy and lay out a credible plan for meeting emissions targets.’

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Each Other, July 2022

Source: eachother.org.uk

High Court refuses council judicial review bid over routeing of lorries to HS2 construction sites – Local Government Lawyer

Posted July 28th, 2022 in judicial review, local government, news, planning, railways, roads by sally

‘A judicial review application by Buckinghamshire Council contesting a decision by the Secretary of State for Transport and the Secretary of State for Levelling up, Housing and Communities to approve lorry routes for the construction of High Speed 2 has been refused by the High Court.’

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Local Government Lawyer, 26th July 2022

Source: www.localgovernmentlawyer.co.uk

Prince Harry wins bid to challenge security decisions – BBC News

Posted July 22nd, 2022 in government departments, judicial review, news, royal family by sally

‘The Duke of Sussex has been granted permission to bring a High Court challenge against the Home Office over his security arrangements in the UK.’

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BBC News, 22nd July 2022

Source: www.bbc.co.uk

Parents seek legal action over school joining academy chain – The Independent

Posted July 18th, 2022 in families, injunctions, judicial review, news, school children, teachers by sally

‘Parents at an academy school which has hit the headlines over its culture of “fear and favouritism” are seeking legal action over plans for it to join a multi-academy trust.’

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The Independent, 18th July 2022

Source: www.independent.co.uk

Rabbit holes to fall down – Nearly Legal

Posted July 14th, 2022 in harassment, judicial review, landlord & tenant, leases, news, repossession by sally

‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Kent council fights off JR of caravan removal action – Local Government Lawyer

Posted July 14th, 2022 in children, judicial review, local government, news, travellers by sally

‘The High Court has rejected a judicial review brought over whether Thanet District Council was right to serve direction notices on people living in caravans at Ramsgate port.’

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Local Government Lawyer, 14th July 2022

Source: www.localgovernmentlawyer.co.uk

UK government asks Supreme Court to dismiss indyref2 case – BBC News

‘The UK government has urged judges to dismiss the Scottish government’s request for a ruling on whether it has the power to hold indyref2.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Judicial review of government handling of pension scheme gets green light – Local Government Lawyer

‘Permission has been granted to the Fire Brigades Union (and others) to challenge the Government’s reduction in the value of new pension schemes for firefighters.’

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Local Government Lawyer, 8th July 2022

Source: www.localgovernmentlawyer.co.uk

Campaigners take legal action over failings of England’s food strategy – The Guardian

Posted July 12th, 2022 in climate change, food, government departments, judicial review, news by sally

‘Food campaigners are taking legal action against the government for failing to support the transition to a low-carbon diet by encouraging people to eat less meat.’

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The Guardian, 11th July 2022

Source: www.theguardian.com

Brian Christopher Jones: The emerging ‘Nothing to See Here’ judicial review defences – UK Constitutional Law Association

Posted July 8th, 2022 in constitutional law, judicial review, news by sally

‘The dominant narrative in the discussion over judicial review—and especially in relation to judicial overreach—focuses on major cases, and what can be gleaned from these in terms of doctrine, constitutional principle, and the balance of powers within the UK constitution. But this seems to be changing. There’s an emerging empirical trend (chp 7) in judicial review research that pushes back against this focus, and seeks to understand and portray JR in a wider context than is often presented in more traditional legal scholarship. The mindset of the empirical movement is reflected in a line from a recent Public Law article by Paul Craig, who quips: “I do not mind how many times Evans is cited, it still only counts as one case” (Jan 2022, p 24). That may be true, but there remain significant problems with this mentality when assessing judicial overreach, and though the research is relevant and important, there are reasons to be sceptical about these empirical defences of judicial review.’

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UK Constitutional Law Association, 7th July 2022

Source: ukconstitutionallaw.org

NewsUKHome News Home Office dragged to High Court by Brexit deal watchdog over ‘unlawful’ treatment of EU citizens – The Independent

‘The Home Office is being taken to court by a government-sponsored Brexit watchdog over the “unlawful” treatment of 2.5 million EU citizens in the UK. The High Court has confirmed that the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), designed to protect the rights of EU nationals in the UK, has been granted permission to proceed with a judicial review claim against the department.’

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The Independent, 30th June 2022

Source: www.independent.co.uk

Everyone in – Lambeth lacking a policy – Nearly Legal

‘While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to housing in a public health emergency to consider.’

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Nearly Legal, 26th June 2022

Source: nearlylegal.co.uk

Court of Appeal Refuses Permission to Judicially Review Infected Blood Compensation Scheme – Quarterly Medical Law Review

‘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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Quarterly Medical Law Review , 24th June 2022

Source: 1corqmlr.com