‘The High Court has refused permission for judicial review of changes to the rules governing applications for permission to appeal. A pharmacist struck off for improperly touching a patient’s breasts argued that changes to CPR 52.5 made in 2016, which generally requires the Court of Appeal to determine applications without an oral hearing, were unfair.’
Law Society's Gazette, 8th November 2021
Source: www.lawgazette.co.uk
‘Expert evidence in a judicial review which “goes beyond comment and expresses [an] opinion” about a decision under challenge is inadmissible, the High Court has said in dismissing an application to adduce a witness statement which consists “almost entirely of opinion evidence”.’
Law Society's Gazette, 8th November 2021
Source: www.lawgazette.co.uk
‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’
Local Government Lawyer, 4th November 2021
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’
Garden Court Chambers, 20th October 2021
Source: www.gardencourtchambers.co.uk
‘In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review.’
UK Constitutional Law Association, 29th October 2021
Source: ukconstitutionallaw.org
‘The scope of judicial law-making in constitutional law and public law.’
Supreme Court, 27th October 2021
Source: www.supremecourt.uk
‘The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such view would, however, be profoundly wrong. On the contrary, the Bill sets up a new type of public litigation, covering a very wide range of public authority decisions, that should be of considerable interest to public lawyers and its application to legislation will be of interest to constitutional lawyers as well.’
UK Constitutional Law Association, 28th October 2021
Source: ukconstitutionallaw.org
‘The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.’
The Guardian, 25th October 2021
Source: www.theguardian.com
‘The former president of the Supreme Court has revealed that he is ‘unconvinced’ by a major argument used to justify the government’s controversial judicial review reforms.’
Law Society's Gazette, 22nd October 2021
Source: www.lawgazette.co.uk
‘The attorney general has defended the government’s decision to reform judicial review, telling public law specialists that cases such as the Article 50 and prorogation challenges have introduced ‘uncertainty’ into the constitutional balance between parliament, government and the courts.’
Law Society's Gazette, 19th October 2021
Source: www.lawgazette.co.uk
‘The last decade or so has demonstrated an increased appetite for political litigation, “and, more worryingly, an appetite for putting judges in an invidious position”, by asking them to decide essentially political matters on applications for judicial review, the Attorney General has claimed.’
Local Government Lawyer, 20th October 2021
Source: www.localgovernmentlawyer.co.uk
‘MPs will soon have their first opportunity to debate the government’s controversial judicial review reforms. The Judicial Review and Courts Bill has its second reading in the House of Commons on Monday.’
Law Society's Gazette, 14th October 2021
Source: www.lawgazette.co.uk
‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’
UKSC Blog, 13th October 2021
Source: ukscblog.com
‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’
Equality Law Blog, 13th October 2021
Source: equalitylawblog.com
‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’
UK Constitutional Law Association, 12th October 2021
Source: ukconstitutionallaw.org
‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’
Nearly Legal, 10th October 2021
Source: nearlylegal.co.uk
‘A new global watchlist highlighting nations where there is a serious and rapid decline in respect for civic space has named the UK as a country of concern.’
Each Other, 7th October 2021
Source: eachother.org.uk
‘The Khalsa Academies Trust Ltd is a multi-academy trust responsible for operating three academies, one of which is Khalsa Secondary Academy in Stoke Poges. Ofsted had concluded in January 2020 that the Academy was “Inadequate” and “requiring special measures”: in particular, that the arrangements for safeguarding were “not effective” and that “Leaders, including those at trust and governance level, have not learned from serious safeguarding failures. They have not acted with the urgency required.” The Secretary of State then decided that the Academy should be transferred, or “re-brokered”, to the Sikh Academy Trust. In R (Khalsa Academies Trust Ltd) v Secretary of State for Education [2021] EWHC 2660 (Admin), the Trust sought judicial review of that decision.’
Law & Religion UK, 7th October 2021
Source: lawandreligionuk.com
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