Successive applications for homelessness assistance and new facts – Local Government Lawyer

‘Toby Vanhegan and Stephanie Lovegrove analyse a Court of Appeal ruling on whether a council was justified in declining to accept an application under section 183 of the Housing Act 1996 on the ground that it was based on the same facts as a previous application.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

Legal challenges to UK infrastructure projects to be blocked in push for growth – The Guardian

Posted January 23rd, 2025 in airports, energy, environmental protection, judicial review, news, planning, railways by sally

‘Campaigners will be blocked from “excessive” legal challenges to planning decisions for major infrastructure projects including airports, railways and nuclear power stations as part of the government’s drive for economic growth.’

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The Guardian, 23rd January 2025

Source: www.theguardian.com

Home Office ordered to provide adequate asylum accommodation to mother and severely disabled child following successful judicial review – Garden Court Chambers

‘In a judgment handed down on 18 December 2024, the High Court declared that the Secretary of State for the Home Department (‘SSHD’) breached her duty to provide adequate asylum accommodation under sections 95 and 96 of the Immigration and Asylum Act 1999. The High Court granted a mandatory order requiring the Claimants (C1 and C2) to be moved to adequate accommodation that would meet the needs of the C2, a severely disabled child.’

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Garden Court Chambers, 19th December 2025

Source: gardencourtchambers.co.uk

Man ordered to pay £10,000 costs for failed LeO judicial review – Legal Futures

Posted January 23rd, 2025 in barristers, complaints, costs, executors, judicial review, legal ombudsman, news, solicitors by sally

‘A man whose application for permission to bring a judicial review against the Legal Ombudsman (LeO) was certified as totally without merit has been ordered to pay £10,000 in costs.’

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Legal Futures, 23rd January 2025

Source: www.legalfutures.co.uk

Securing special educational provision – Local Government Lawyer

‘The High Court has provided important guidance on the “absolute duty” to secure special educational provision, writes Ollie Persey.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

Sacked rogue officers could be reinstated and owed backpay if Met Police loses legal challenge, chief warns – The Independent

‘Rogue officers who were sacked over allegations of domestic and sexual abuse could be reinstated and owed thousands in backpay if the Metropolitan Police loses a High Court challenge over vetting rules, a senior officer has warned.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

High Court rules disability benefit reforms plan as unlawful – but Labour remains committed to cuts – The Independent

‘The Department for Work and Pensions (DWP) consultation into plans to cut billions in disability benefits has been ruled unlawful by the High Court for being “unfair and misleading”.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

Incapacity benefit cuts consultation was ‘misleading’ and unlawful, judge rules – The Guardian

‘Labour’s plan to push through £3bn of cuts to incapacity benefits has received a setback after a judge ruled an official consultation setting out the proposals was misleading and unlawful.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

Transparency board calls for judicial review hearings to be broadcast – Local Government Lawyer

‘The Transparency and Open Justice Board has recommended that Administrative Court hearings should be broadcast in an effort to boost open justice.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Open Justice board asks justice secretary for judicial reviews to be livestreamed – Law Society’s Gazette

Posted January 7th, 2025 in civil justice, judicial review, media, news, video recordings by sally

‘The lady chief justice’s new transparency and open justice board has asked the justice secretary to allow judicial reviews to be livestreamed – and potentially broadcast on television.

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Law Society's Gazette, 6th January 2025

Source: www.lawgazette.co.uk

Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

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Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

High Court refers barrister to BSB for “abusive” judicial review – Legal Futures

Posted December 19th, 2024 in barristers, extradition, judicial review, news, professional conduct, standards by sally

‘The High Court has referred a barrister to the Bar Standards Board (BSB) for launching a judicial review (JR) which was “abusive and bound to fail” on behalf of a client facing extradition.’

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Legal Futures, 19th December 2024

Source: www.legalfutures.co.uk

Road safety campaigners lose high court challenge against Tower Hamlets mayor – The Guardian

Posted December 18th, 2024 in judicial review, local government, London, news, road safety by sally

‘Road safety campaigners in east London have lost a high court challenge against the mayor of Tower Hamlets over his decision to remove three low traffic neighbourhoods (LTNs) in Bethnal Green.’

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The Guardian, 17th December 2024

Source: www.theguardian.com

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

The View from the Bench – a speech by Mr Justice Fordham to the Hart Judicial Review Conference – Courts and Tribunals Judiciary

Posted December 10th, 2024 in case management, electronic filing, judicial review, judiciary, news, speeches by sally

‘Mr Justice Fordham delivered a speech as part of the Hart 18th Annual Judicial Review Conference on Friday 6 December 2024.’

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Courts and Tribunals Judiciary, 6th December 2024

Source: www.judiciary.uk

Council decision not to designate illegal landfill ‘contaminated land’ to be challenged in High Court – Local Government Lawyer

‘The High Court has agreed to hear a judicial review challenge of Havering Council’s decision not to allocate an illegal landfill behind pollution issues and wildfires as “contaminated land”.

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal concerning amenability to judicial review of decision by adjudicator – 39 Essex Chambers

’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by sally

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer

Posted December 3rd, 2024 in asylum, benefits, children, housing, judicial review, local government, news, young persons by sally

‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’

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Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk