‘A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.’
Local Government Lawyer, 4th March 2022
Source: www.localgovernmentlawyer.co.uk
‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’
UK Human Rights Blog, 3rd March 2022
Source: ukhumanrightsblog.com
‘Judicial review judgments possess multi-layered value. For the parties to a case, they are an authoritative record of the outcome of a legal dispute, providing reasons for that outcome. For lawyers and judges, they support the provision of advice about the law and become legal authorities that can be used to argue and resolve future disputes. As a part of the wider constitutional system, they bring a degree of transparency to the judicial process. For researchers, they form part of the primary materials that can be subjected to different methodologies that seek to advance the understanding and analysis of public law in the courts.’
UK Constitutional Law Association, 25th February 2022
Source: ukconstitutionallaw.org
‘Access to justice is a fundamental right in the common law and an essential part of the rule of law. In R v Lord Chancellor Ex Parte Witham, Laws J stated that the common law affords special weight to the right of access to the courts as a constitutional right. Such a constitutional right derives chiefly from two sources, the common law per se and Article 6 of the European Convention on Human Rights (ECHR). One of the major issues, however, for asylum seekers is the fact that the guarantees afforded under Article 6 ECHR, do not apply to asylum decisions. Its wider protection is constrained to the determination of “civil rights and obligations” and the right to asylum is not considered a “civil right” within the context of Article 6 (1) ECHR. Therefore, asylum seekers whose applications for refugee status or humanitarian protection have been unsuccessful, including refugees whose leave to enter or remain has been revoked, are subject to removal under section 10 of the Immigration and Asylum Act 1999.’
UK Constitutional Law Association, 24th February 2022
Source: ukconstitutionallaw.org
‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. 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.’
UK Human Rights Blog, 21st February 2022
Source: ukhumanrightsblog.com
‘This was an interesting ruling on the matter of standing, something that has fallen rather by the wayside since it formed the subject of much satellite litigation in the 1990s. In essence, the Court ruled that the GLP had no standing to bring this claim. Despite its articles of association, whose purposes include the provision of sound administration and equality, democracy, high standards in public administration, access to justice, preservation of the environment or “any other philanthropic or benevolent purpose ancillary”.’
UK Human Rights Blog, 18th February 2022
Source: ukhumanrightsblog.com
‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’
Nearly Legal, 19th February 2022
Source: nearlylegal.co.uk
‘The Crown Prosecution Service has launched a high court challenge to the decision by a judge last year to let the Euston tunnellers walk free after their trial.’
The Guardian, 14th February 2022
Source: www.theguardian.com
‘Campaigners have secured permission for a judicial review challenge over Tower Hamlets Council’s grant of planning permission for a new office building on Brick Lane.’
Local Government Lawyer, 31st January 2022
Source: www.localgovernmentlawyer.co.uk
‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’
Nearly Legal, 24th January 2022
Source: nearlylegal.co.uk
‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
‘The Metropolitan Police is facing legal action if it fails to investigate reports of the Downing Street Christmas party in 2020, according to campaigners.’
The Independent, 19th January 2022
Source: www.independent.co.uk
‘The Home Office’s process for age assessing young asylum seekers when they arrive in the UK has been ruled unlawful by the High Court.’
The Independent, 19th January 2022
Source: www.independent.co.uk
‘Women’s rights activists are at the high court to argue that the police’s decision to ban a vigil for Sarah Everard in London was a breach of their human rights.’
The Guardian, 19th January 2022
Source: www.theguardian.com
‘Prince Harry is seeking a judicial review against a refusal of the Home Office to allow him to personally pay for police protection when in the UK.’
BBC News, 16th January 2022
Source: www.bbc.co.uk
‘The High Court has dismissed a judicial review brought against the lord chancellor over immigration detainees’ access to justice.’
Law Society's Gazette, 13th January 2022
Source: www.lawgazette.co.uk
‘The decision not to prosecute a teenager accused of pushing a 13-year-old boy into a river was legally flawed and unreasonable or irrational, a court has heard.’
The Guardian, 13th January 2022
Source: www.theguardian.com
‘Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.’
Local Government Lawyer, 13th January 2022
Source: www.localgovernmentlawyer.co.uk
‘The government’s use of a “VIP lane” to award contracts for personal protective equipment (PPE) to two companies was unlawful, the High Court has ruled.’
BBC News, 12th January 2022
Source: www.bbc.co.uk
‘The UK government is facing legal action over its decision to keep using a Malaysian company accused of using forced labour as a supplier of personal protective equipment (PPE) to the NHS.’
The Guardian, 6th January 2022
Source: www.theguardian.com
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