‘The former president of the Supreme Court has revealed that he is ‘unconvinced’ by a major argument used to justify the government’s controversial judicial review reforms.’
Law Society's Gazette, 22nd October 2021
Source: www.lawgazette.co.uk
‘The attorney general has defended the government’s decision to reform judicial review, telling public law specialists that cases such as the Article 50 and prorogation challenges have introduced ‘uncertainty’ into the constitutional balance between parliament, government and the courts.’
Law Society's Gazette, 19th October 2021
Source: www.lawgazette.co.uk
‘The last decade or so has demonstrated an increased appetite for political litigation, “and, more worryingly, an appetite for putting judges in an invidious position”, by asking them to decide essentially political matters on applications for judicial review, the Attorney General has claimed.’
Local Government Lawyer, 20th October 2021
Source: www.localgovernmentlawyer.co.uk
‘MPs will soon have their first opportunity to debate the government’s controversial judicial review reforms. The Judicial Review and Courts Bill has its second reading in the House of Commons on Monday.’
Law Society's Gazette, 14th October 2021
Source: www.lawgazette.co.uk
‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’
UKSC Blog, 13th October 2021
Source: ukscblog.com
‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’
Equality Law Blog, 13th October 2021
Source: equalitylawblog.com
‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’
UK Constitutional Law Association, 12th October 2021
Source: ukconstitutionallaw.org
‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’
Nearly Legal, 10th October 2021
Source: nearlylegal.co.uk
‘A new global watchlist highlighting nations where there is a serious and rapid decline in respect for civic space has named the UK as a country of concern.’
Each Other, 7th October 2021
Source: eachother.org.uk
‘The Khalsa Academies Trust Ltd is a multi-academy trust responsible for operating three academies, one of which is Khalsa Secondary Academy in Stoke Poges. Ofsted had concluded in January 2020 that the Academy was “Inadequate” and “requiring special measures”: in particular, that the arrangements for safeguarding were “not effective” and that “Leaders, including those at trust and governance level, have not learned from serious safeguarding failures. They have not acted with the urgency required.” The Secretary of State then decided that the Academy should be transferred, or “re-brokered”, to the Sikh Academy Trust. In R (Khalsa Academies Trust Ltd) v Secretary of State for Education [2021] EWHC 2660 (Admin), the Trust sought judicial review of that decision.’
Law & Religion UK, 7th October 2021
Source: lawandreligionuk.com
‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’
UK Human Rights Blog, 7th October 2021
Source: ukhumanrightsblog.com
‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’
OUT-LAW.com, 5th October 2021
Source: www.pinsentmasons.com
‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’
Law Society's Gazette, 1st October 2021
Source: www.lawgazette.co.uk
‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’
Local Government Lawyer, 28th September 2021
Source: www.localgovernmentlawyer.co.uk
‘The Elections Bill 2021, as of the date of publication for the House of Commons Committee stage, advances a variety of changes to the regulation of elections and the practice of voting in the UK. Of the reforms, one controversially reshapes the practical experience of voting for most citizens. A new voter ID requirement will amend the Representation of the People Act 1983 to require proof of identity, in the form of a photographic ID such as a passport, drivers’ license, or dedicated voter identity document, for in-person voting. While this may seem like a light burden, both the broader impact of such a requirement on voting and the underlying anti-fraud rationale have raised significant concerns.’
UK Constitutional Law Association, 29th September 2021
Source: ukconstitutionallaw.org
‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’
UK Constitutional Law Association, 23rd September 2021
Source: ukconstitutionallaw.org
‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’
UK Constitutional Law Association, 21st September 2021
Source: ukconstitutionallaw.org
‘Two victims of the Windrush scandal have launched legal proceedings against the Home Office over protracted delays in issuing compensation, asking for clarity on how claims can be expedited.’
The Guardian, 21st September 2021
Source: www.theguardian.com
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