Shamima Begum: SSHD strikes back in Supreme Court – EIN Blog

‘Ms Shamima Begum was born and raised in the UK. She was a British citizen at birth and at age 15 she travelled to Syria with two friends and soon afterwards she married an ISIS fighter and is currently detained in poor conditions in the Al-Roj camp run by the Syrian Democratic Forces. She now wishes to return home to the UK to have a fair and effective appeal. She was deprived of her British citizenship on 19 February 2019 because the SSHD believed that her return would present a risk to national security. She applied for leave to enter (LTE) the UK so that she could pursue an appeal against the deprivation decision. The Court of Appeal unanimously held that the only way Ms Begum, can have a fair and effective appeal is to be permitted to come into the UK to pursue her appeal. King, Flaux and Singh LJJ found that fairness and justice must – on the facts of her case – outweigh any national security concerns. But in a twist of fate, the Supreme Court unanimously held in favour of the SSHD and found that the right to a fair hearing does not trump everything else, such as the public’s safety. The court took the view that if a vital public interest makes it impossible for a case to be fairly heard, then the courts cannot ordinarily hear it. Therefore, her deprivation appeal should be stayed until she can play an effective part in it without compromising the public’s safety.’

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EIN Blog, 7th March 2021

Source: www.ein.org.uk

Repeat homelessness applications and local connection – Garden Court Chambers

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

The government is hell-bent on diluting the Human Rights Act. We must protect it – Kate Allen – The Guardian

Posted March 4th, 2021 in coronavirus, human rights, judicial review, news by sally

‘These rights have been central to many key justice fights in the past 20 years, and we can’t allow politicians to take them away.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com

Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders – Local Government Lawyer

‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Lawyers to argue for mother and baby’s right to Healthy Start in UK – The Guardian

Posted March 2nd, 2021 in benefits, children, food, health, immigration, judicial review, minorities, news by sally

‘An 11-month-old baby and her mother are bringing a case in the high court to try to secure the baby’s right to free vitamins, formula milk and nutritious food.’

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The Guardian, 1st March 2021

Source: www.theguardian.com

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

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UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

Case Comment: R (Good Law Project & Others) v Secretary of State for Health AND Social Care [2021] EWHC 346 (Admin) – Late Publication of Coronavirus Contracts Unlawful – 39 Essex Chambers

‘Last Friday Chamberlain J handed down judgment in a challenge concerning the government’s compliance with procurement law and its own transparency guidance in the awarding of goods and services contracts during the COVID-19 pandemic. By reg. 50 of the Public Contracts Regulations 2015 the Secretary of State for Health and Social Care was obliged to send for publication a contract award notice (“CAN”) not later than 30 days after the award of a contract. By its transparency policy and principles it was obliged to publish details of any contract.’

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39 Essex Chambers, 23rd February 2021

Source: www.39essex.com

Judgment in Good Law Project JR on publication of Covid-19 procurement notices – Monckton Chambers

‘This is the first in a series of procurement law judicial review (JR) cases relating to Covid-19 brought by the Good Law Project (GLP) to have reached the judgment stage. The case concerned the (non)publication of contract award notices (CANs) within 30 days under regulation 50 Public Contracts Regulations 2015 (PCR) and of other contract notices and materials within 20 or 90 days under relevant transparency policies.’

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Monckton Chambers, 19th February 2021

Source: www.monckton.com

The PPE procurement case: transparency missed in both politics and law – Transparency Project

Posted February 24th, 2021 in coronavirus, government departments, judicial review, news, public procurement by sally

‘Last week the High Court made a widely publicised decision declaring that a government minister and his department had acted unlawfully in relation to the award of PPE procurement contracts in the early weeks of the pandemic. The case is called R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin). It’s of particular interest to us because it’s all about transparency.’

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Transparency Project, 23rd February 2021

Source: www.transparencyproject.org.uk

Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?- UK Constitutional Law Association

‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’

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UK Constitutional Law Association, 22nd February 2021

Source: ukconstitutionallaw.org

Brexit: DUP launches court challenge to Northern Ireland protocol – The Independent

Posted February 22nd, 2021 in brexit, EC law, judicial review, news, Northern Ireland by tracey

‘DUP leader Arlene Foster has launched legal action to challenge the Northern Ireland protocol amid unionist anger over post-Brexit trade disruption. The judicial review proceedings will argue that the new checks on goods moving from Great Britain to Northern Ireland were imposed without the consent of the public.’

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The Independent, 22nd February 2021

Source: www.independent.co.uk

Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour – Garden Court Chambers

Posted February 19th, 2021 in chambers articles, children, families, housing, judicial review, local government, news by sally

‘The Claimant lived with her three adult children, one of whom (Zakiya) had cerebral palsy and learning difficulties. Due to her disabilities, Zakiya needed to live in a property with various adaptations, including a level-access shower, access to stairs with bilateral handrails, and (preferably) a downstairs toilet.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Universal Credit childcare payment system indirectly discriminates against women – UK Human Rights Blog

Posted February 9th, 2021 in benefits, human rights, judicial review, news, sex discrimination, women by tracey

‘R (Salvato) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin). Ms Salvato is one such lone mother, who brought judicial review proceedings claiming that the differential method for reimbursing childcare costs constituted indirect discrimination against women contrary to Article 14 (read with Article 8 and/or Article 1 Protocol 1) ECHR and was irrational at common law. The Administrative Court agreed on both grounds.’

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UK Human Rights Blog, 8th February 2021

Source: ukhumanrightsblog.com

BBC fined £28,000 for recording part of hearing of legal challenge to grant by county council of planning permission for fracking – Local Government Lawyer

‘The BBC has been fined £28,000 after it made a video and audio recording of a half day’s hearing in the Planning Court.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

High Court finds ‘huge delay’ in the Home Office provision of asylum support accommodation – EIN Blog

‘The High Court judgment in R (DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) upheld a significant judicial review challenge against the Secretary of State over systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.’

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EIN Blog, 1st February 2021

Source: www.ein.org.uk

UK government use of Henry VIII clauses to be challenged in court – The Guardian

Posted February 1st, 2021 in brexit, EC law, judicial review, news, parliament, state aids, statute law revision by tracey

‘A government move to change state aid rules after Brexit without a vote in parliament is being challenged in court, with a legal campaign group warning the manoeuvre could lead to a similar lack of scrutiny in areas such as workers’ rights and environmental protections.’

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The Guardian, 1st February 2021

Source: www.theguardian.com

Rape victims speak out ahead of legal challenge to CPS policy – The Guardian

‘Rape victims at the heart of a landmark court case have told the Guardian they have been failed by the Crown Prosecution Service, ahead of a legal challenge to how the crime is charged and prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette

‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’

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Law Society's Gazette, 21st January 2021

Source: www.lawgazette.co.uk