‘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
‘Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.’
Local Government Lawyer, 17th September 2021
Source: www.localgovernmentlawyer.co.uk
‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’
EIN Blog, 13th September 2021
Source: www.ein.org.uk
‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’
The Independent, 14th September 2021
Source: www.independent.co.uk
‘A law firm representing travellers is taking the government to court over the UK’s quarantine hotel policy.’
BBC News, 13th September 2021
Source: www.bbc.co.uk
‘The number of judicial review applications received in the first half of 2021 was – at 1,200 – down 16% on the same period in 2020, government data has revealed.’
Local Government Lawyer, 8th September 2021
Source: www.localgovernmentlawyer.co.uk
‘In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the “sovereignty of the constitution”. Since 2009, further constitutional reforms have been implemented by governments of various political stripes, apparently consolidating the legalisation of the constitution, and the dispersal of power from the institutions of central government to Parliament, the devolved institutions, and the courts. The New British Constitution appeared to be firmly established. Recent events, however, demonstrate the shaky foundations of this new constitutionalism, with a growing trend towards a weakening of both legal and political checks on Governmental power. This blog post draws attention to this worrying trend, focusing on three key examples. It is based on the findings of the first report of the Constitutional Monitoring Group (of which the authors are both members), established to provide a biannual barometer of the state of constitutional principles in the UK. The report raises concerns not just about the potential consequences of this trend, but of the piecemeal and rapid manner in which it is occurring, with some important constitutional changes appearing to happen under the radar.’
UK Constitutional Law Association, 8th September 2021
Source: ukconstitutionallaw.org
‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’
Legal Futures, 7th September 2021
Source: www.legalfutures.co.uk
‘A leading race equality thinktank did not breach charity guidance despite claims from Conservative MPs that it is pursuing a political agenda, a watchdog has found.’
The Guardian, 1st September 2021
Source: www.theguardian.com
‘Criminal justice practitioners will be well versed on the difficulties overcrowding, gang affiliation and substance misuse pose to the safe management of prisons. However, as society gradually opens its eyes to the fluidity and diversity of gender the prison estate has been forced to confront a new challenge. In July 2019 “The Care and Management of Individuals who are Transgender” Policy (“the Care Management Policy”) was published.’
Carmelite Chambers, 19th August 2021
Source: www.carmelitechambers.co.uk
‘The High Court has granted the Good Law Project permission for its legal challenge against three Whitehall departments over the multi-billion pound “Levelling Up Fund”.’
Local Government Lawyer, 23rd August 2021
Source: www.localgovernmentlawyer.co.uk
‘A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.’
Local Government Lawyer, 20th August 2021
Source: www.localgovernmentlawyer.co.uk
‘A children’s rights charity has secured permission from the High Court for a judicial review of secondary legislation made by the Education Secretary, Gavin Williamson, which provides that children in care in England up to the age of 15 – but not 16 and 17-year-olds – must always live in regulated settings where they receive day-to-day care from adults.’
Local Government Lawyer, 18th August 2021
Source: www.localgovernmentlawyer.co.uk
‘A law firm representing travellers is challenging the UK’s quarantine hotel policy and seeking a judicial review.’
BBC News, 12th August 2021
Source: www.bbc.co.uk
‘The UK government has introduced its Judicial Review and Courts Bill in Parliament. In doing so, it has stepped back from radical reforms restricting judicial review, and instead focused on a more subtle reform of remedies, expected to come into force in England and Wales in 2022.’
OUT-LAW.com, 10th August 2021
Source: www.pinsentmasons.com
‘A High Court judge has given a disabled swimmer permission to bring a judicial review challenge over the new charging regime for Hampstead Ponds.’
Local Government Lawyer, 10th August 2021
Source: www.localgovernmentlawyer.co.uk
‘Reprieve, a legal action non-governmental organisation, and two MPs judicially reviewed the Prime Minister’s decision not to hold a public inquiry into the alleged complicity of British state agents in the unlawful rendition, detention, and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim. It further decided that the claimants were not entitled to disclosure in accordance with the standard set in SSHD v AF (No 3). Written by Jonathan Lewis, barrister at Henderson Chambers.’
Henderson Chambers, 3rd August 2021
Source: www.hendersonchambers.co.uk
‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’
Nearly Legal, 8th August 2021
Source: nearlylegal.co.uk
‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’
Nearly Legal, 8th August 2021
Source: nearlylegal.co.uk
‘A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.’
Local Government Lawyer, 6th August 2021
Source: www.localgovernmentlawyer.co.uk
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