‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’
UK Human Rights Blog, 7th October 2021
Source: ukhumanrightsblog.com
‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’
OUT-LAW.com, 5th October 2021
Source: www.pinsentmasons.com
‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’
Law Society's Gazette, 1st October 2021
Source: www.lawgazette.co.uk
‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’
Local Government Lawyer, 28th September 2021
Source: www.localgovernmentlawyer.co.uk
‘The Elections Bill 2021, as of the date of publication for the House of Commons Committee stage, advances a variety of changes to the regulation of elections and the practice of voting in the UK. Of the reforms, one controversially reshapes the practical experience of voting for most citizens. A new voter ID requirement will amend the Representation of the People Act 1983 to require proof of identity, in the form of a photographic ID such as a passport, drivers’ license, or dedicated voter identity document, for in-person voting. While this may seem like a light burden, both the broader impact of such a requirement on voting and the underlying anti-fraud rationale have raised significant concerns.’
UK Constitutional Law Association, 29th September 2021
Source: ukconstitutionallaw.org
‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’
UK Constitutional Law Association, 23rd September 2021
Source: ukconstitutionallaw.org
‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’
UK Constitutional Law Association, 21st September 2021
Source: ukconstitutionallaw.org
‘Two victims of the Windrush scandal have launched legal proceedings against the Home Office over protracted delays in issuing compensation, asking for clarity on how claims can be expedited.’
The Guardian, 21st September 2021
Source: www.theguardian.com
‘Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.’
Local Government Lawyer, 17th September 2021
Source: www.localgovernmentlawyer.co.uk
‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’
EIN Blog, 13th September 2021
Source: www.ein.org.uk
‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’
The Independent, 14th September 2021
Source: www.independent.co.uk
‘A law firm representing travellers is taking the government to court over the UK’s quarantine hotel policy.’
BBC News, 13th September 2021
Source: www.bbc.co.uk
‘The number of judicial review applications received in the first half of 2021 was – at 1,200 – down 16% on the same period in 2020, government data has revealed.’
Local Government Lawyer, 8th September 2021
Source: www.localgovernmentlawyer.co.uk
‘In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the “sovereignty of the constitution”. Since 2009, further constitutional reforms have been implemented by governments of various political stripes, apparently consolidating the legalisation of the constitution, and the dispersal of power from the institutions of central government to Parliament, the devolved institutions, and the courts. The New British Constitution appeared to be firmly established. Recent events, however, demonstrate the shaky foundations of this new constitutionalism, with a growing trend towards a weakening of both legal and political checks on Governmental power. This blog post draws attention to this worrying trend, focusing on three key examples. It is based on the findings of the first report of the Constitutional Monitoring Group (of which the authors are both members), established to provide a biannual barometer of the state of constitutional principles in the UK. The report raises concerns not just about the potential consequences of this trend, but of the piecemeal and rapid manner in which it is occurring, with some important constitutional changes appearing to happen under the radar.’
UK Constitutional Law Association, 8th September 2021
Source: ukconstitutionallaw.org
‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’
Legal Futures, 7th September 2021
Source: www.legalfutures.co.uk
‘A leading race equality thinktank did not breach charity guidance despite claims from Conservative MPs that it is pursuing a political agenda, a watchdog has found.’
The Guardian, 1st September 2021
Source: www.theguardian.com
‘Criminal justice practitioners will be well versed on the difficulties overcrowding, gang affiliation and substance misuse pose to the safe management of prisons. However, as society gradually opens its eyes to the fluidity and diversity of gender the prison estate has been forced to confront a new challenge. In July 2019 “The Care and Management of Individuals who are Transgender” Policy (“the Care Management Policy”) was published.’
Carmelite Chambers, 19th August 2021
Source: www.carmelitechambers.co.uk
‘The High Court has granted the Good Law Project permission for its legal challenge against three Whitehall departments over the multi-billion pound “Levelling Up Fund”.’
Local Government Lawyer, 23rd August 2021
Source: www.localgovernmentlawyer.co.uk
‘A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.’
Local Government Lawyer, 20th August 2021
Source: www.localgovernmentlawyer.co.uk
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