Home Office sued by family of Windrush man refused UK citizenship – The Guardian

‘The family of a Windrush man denied British citizenship on the grounds that he failed a good character requirement are suing the Home Office to try to change legislation, arguing the rules are racially discriminatory.’

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The Guardian, 10th December 2020

Source: www.theguardian.com

Timetable set out for judicial review and Human Rights Act reform – Law Society’s Gazette

Posted December 10th, 2020 in bills, constitutional law, human rights, judicial review, juries, news, parliament by tracey

‘The Lord Chancellor has revealed the potential timetable for unveiling anticipated judicial review and human rights reforms.’

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Law Society's Gazette, 9th December 2020

Source: www.lawgazette.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Gourlay) v Parole Board [2020] UKSC 50 – UKSC Blog

Posted December 7th, 2020 in appeals, costs, judicial review, news, parole, prisons, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the role of the Court in relation to the principles governing the award of costs in lower courts.’

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UKSC Blog, 4th December 2020

Source: ukscblog.com

MoJ plans to cut “hopeless” Upper Tribunal appeals – Litigation Futures

‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’

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Litigation Futures, 7th December 2020

Source: www.litigationfutures.com

Ex-judge Sir Peter Gross to head human rights law review – BBC News

‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Trump’s challenges to the US election: What would happen here? – 4-5 Gray’s Inn Square

‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’

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4-5 Gray's Inn Square, 2nd December 2020

Source: www.4-5.co.uk

Dolan’s latest lockdown defeat – UK Human Rights Blog

‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’

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UK Human Rights Blog, 3rd December 2020

Source: ukhumanrightsblog.com

Campaigners launch legal challenge over Stonehenge road tunnel – The Guardian

Posted December 1st, 2020 in judicial review, monuments, news, planning, roads by sally

‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Boris Johnson ‘acted illegally’ over jobs for top anti-Covid staff – The Guardian

‘Boris Johnson and his health secretary, Matt Hancock, acted “unlawfully” when appointing three key figures – including the head of NHS Test and Trace, Dido Harding – to posts in the fight against Covid-19, according to a legal challenge submitted by campaigners to the high court.’

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The Guardian, 21st November 2020

Source: www.theguardian.com

District council forced to go to High Court to deal with planning permission errors – Local Government Lawyer

Posted November 23rd, 2020 in judicial review, local government, news, notification, planning by sally

‘South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.’

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Local Government Lawyer, 20th November 2020

Source: www.localgovernmentlawyer.co.uk

Is Lockdown 2 Lawful? – 39 Essex Chambers

‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’

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39 Essex Chambers, 6th November 2020

Source: www.39essex.com

Lord Chancellor rails against lawyers who “vaunt political views” online – Legal Futures

‘The Lord Chancellor yesterday told lawyers who “vaunt their political views” on social media to raise their profile and attract work that they are giving the profession a bad name.’

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Legal Futures, 19th November 2020

Source: www.legalfutures.co.uk

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

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Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Victory For Workers Denied Health And Safety Protections Amid Covid-19 – Each Other

‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’

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Each Other, 17th November 2020

Source: eachother.org.uk

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

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Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Ministry of Justice faces judicial review over requirement on bailiffs not to enforce evictions – Local Government Lawyer

‘The Ministry of Justice has been hit with a judicial review challenge over the ongoing refusal to enforce warrants and writs by bailiffs and High Court Enforcement Officers (HCEOs).’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 – UKSC Blog

‘By a majority the Supreme Court has dismissed this appeal concerning the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide.’

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UKSC Blog, 13th November 2020

Source: ukscblog.com

Harry Dunn death: family begins court case against Foreign Office – The Guardian

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

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The Guardian, 11th November 2020

Source: www.theguardian.com

High court rejects legal challenge over Dominic Cummings breach – The Guardian

‘The high court has rejected a legal bid to challenge a decision not to investigate Dominic Cummings’s journey from London to Durham at the height of the first coronavirus lockdown. Max Hill, the director of public prosecutions, said any decision to investigate Cummings must be made by the police. He did not have the power to interfere.’

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The Guardian, 3rd November 2020

Source: www.theguardian.com