‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’
The Independent, 1st January 2022
Source: www.independent.co.uk
‘Public law specialists have begun legal proceedings against the Information Commissioner’s Office over publication of Whitehall submissions on judicial review that have influenced controversial reforms.’
Law Society's Gazette, 20th December 2021
Source: www.lawgazette.co.uk
‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’
UK Police Law Blog, 20th December 2021
Source: ukpolicelawblog.com
‘The Home Office is facing legal action over its treatment of millions of EU nationals in the UK.’
The Independent, 14th December 2021
Source: www.independent.co.uk
‘A legal challenge to the Government’s mandatory quarantine hotel policy is to be taken to the Court of Appeal.’
BBC News, 9th December 2021
Source: www.bbc.co.uk
‘The Court of Appeal has upheld a High Court ruling which found a council did not infringe upon the protections against modern slavery afforded the appellant (H) under Article 4 of the European Convention of Human Rights (ECHR).’
Local Government Lawyer, 6th December 2021
Source: www.localgovernmentlawyer.co.uk
‘Reported move triggers backlash from lawyers, with one senior QC quoted as saying the prime minister is seeking a “more compliant judiciary”‘.
The Independent, 6th December 2021
Source: www.independent.co.uk
‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’
Local Government Lawyer, 30th November 2021
Source: www.localgovernmentlawyer.co.uk
‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’
Each Other, 29th November 2021
Source: eachother.org.uk
‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’
UK Human Rights Blog, 26th November 2021
Source: ukhumanrightsblog.com
‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’
The Guardian, 25th November 2021
Source: www.theguardian.com
‘The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates the Rule of Law. That much seems to be a matter of general agreement. But commentators drastically disagree on how it does so. Three contrasting positions on the relationship between prospective quashing and the Rule of Law have emerged: (1) that prospective-only quashing offends the Rule of Law; (2) that the technique enhances judicial flexibility without undermining the Rule of Law; and (3) that prospective-only quashing enhances the Rule of Law.’
UK Constitutional Law Association, 23rd November 2021
Source: ukconstitutionallaw.org
‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’
UK Human Rights Blog, 22nd November 2021
Source: ukhumanrightsblog.com
‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’
Local Government Lawyer, 19th November 2021
Source: www.localgovernmentlawyer.co.uk
‘With the UK in the midst of its latest political corruption crisis, the question of the (in)adequacy of the current infrastructure concerning standards in public life is once more in the spotlight. Immediately prior to the parliamentary farce over the Owen Paterson lobbying affair, the Committee on Standards in Public Life published a significant report, Upholding Standards in Public Life: Final Report of the Standards Matter 2 Review (November 2021), outlining a number of potential changes to the system for holding politicians to account for their conduct. This blog post focuses on one of the Committee’s recommendations: that the Ministerial Code be provided with a statutory basis through a ‘requirement for the Prime Minister to issue the Ministerial Code’ being ‘enshrined in primary legislation’ (Recommendation 4).’
UK Constitutional Law Association, 16th November 2021
Source: ukconstitutionallaw.org
‘The disciplinary regime for judges is set to become quicker and clearer but – unlike for solicitors and barristers – hearings will remain behind closed doors, under plans published yesterday.’
Legal Futures, 16th November 2021
Source: www.legalfutures.co.uk
‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’
UK Human Rights Blog, 12rh November 2021
Source: ukhumanrightsblog.com
‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’
Nearly Legal, 11th November 2021
Source: nearlylegal.co.uk
‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’
UK Constitutional Law Association, 9th November 2021
Source: ukconstitutionallaw.org
‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’
UK Constitutional Law Association, 3rd November 2021
Source: ukconstitutionallaw.org
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