judicial review – Page 26 – Current Awareness

Sharing data with crime reduction partnerships – UK Police Law Blog

Posted June 17th, 2021 in child abuse, children, crime prevention, data protection, judicial review, news, police by sally

‘R (on the application of M) v Chief Constable of Sussex [2021] EWCA Civ 42 is an important decision from the Court of Appeal regarding an information sharing agreement (“ISA”) between a police force and a local business crime reduction partnership (“BCRP”). The ISA was held not to breach the Data Protection Act 2018 (“DPA”) and the sharing of information that revealed a vulnerability to child sexual exploitation (“CSE”) was held not to be in breach of data protection rights. The case indicates the approach that the courts may take when asked to scrutinise information sharing agreements and policy documents where the police seek to share data with other organisations for the purpose of reducing crime and disorder.’

UK Police Law Blog, 15th June 2021

Source: ukpolicelawblog.com

High Court hears judicial review over voting provisions for blind and partially sighted people – Local Government Lawyer

Posted June 17th, 2021 in disability discrimination, disabled persons, elections, human rights, judicial review, news by sally

‘The High Court is this week (15-16 June) hearing a second judicial review challenge in respect of the voting provisions for blind and partially sighted people.’

Local Government Lawyer, 16th June 2021

Source: www.localgovernmentlawyer.co.uk

Legal action launched over Boris Johnson award of peerage to Tory donor – The Independent

Posted June 14th, 2021 in corruption, government departments, judicial review, news, peerages & dignities, political parties by sally

‘Anti-corruption campaign the Good Law Project has launched a legal action over the award of a peerage to Conservative party donor Peter Cruddas. Boris Johnson overruled advice last year from the House of Lords Appointments Committee against making the businessman a Lord – the first time the watchdog’s recommendation has been ignored.’

The Independent, 13th June 2021

Source: www.independent.co.uk

Lewis Graham: Suspended and prospective quashing orders: the current picture – UK Constitutional Law Association

Posted June 11th, 2021 in constitutional law, government departments, judicial review, news by sally

‘The government is currently pursuing reform of judicial review remedies. Out of the many possibilities canvassed over the last year or so, two proposals in particular have emerged as likely contenders for legislative action: suspended quashing orders and prospective quashing orders. In this post, I examine these proposals, alongside the court’s existing powers in relation to issuing quashing orders, in order to discern what the real impact of any legislative intervention would be.’

UK Constitutional Law Association, 7th June 2021

Source: ukconstitutionallaw.org

Duncan Lewis issues JR proceedings over immigration reforms – Law Society’s Gazette

Posted June 11th, 2021 in asylum, consultations, costs, equality, government departments, immigration, judicial review, news by sally

‘Controversial immigration reforms that could see lawyers hit with wasted costs looks set to be the centre of a High Court showdown. High-profile firm Duncan Lewis announced yesterday that it has issued judicial review proceedings on behalf of five clients over the Home Office’s New Plan for Immigration consultation, which closed last month.’

Law Society's Gazette, 10th June 2021

Source: www.lawgazette.co.uk

Christopher Kapessa: Family wins legal bid to review decision not to prosecute teen over river death – The Independent

Posted June 11th, 2021 in bereavement, causing death of children or vulnerable adults, children, Crown Prosecution Service, families, homicide, judicial review, news, prosecutions, unlawful killing, young offenders by sally

‘The family of 13-year-old Christopher Kapessa, who died after being pushed into the River Cynon in South Wales in July 2019, have won a High Court bid for a review of the decision not to prosecute the teenager accused of being responsible.’

The Independent, 11th June 2021

Source: www.independent.co.uk

Judicial review applications fell 16% in 2020: report – Local Government Lawyer

Posted June 9th, 2021 in government departments, judicial review, local government, Ministry of Justice, news, statistics by sally

‘The number of applications for judicial review fell 16% in 2020 to 2,800, data from National Statistics has revealed.’

Local Government Lawyer, 8th June 2021

Source: www.localgovernmentlawyer.co.uk

Christopher Kapessa: Mum plans legal action over river death – BBC News

Posted June 7th, 2021 in accidents, bereavement, causing death of children or vulnerable adults, children, Crown Prosecution Service, families, homicide, judicial review, news, police, prosecutions, public interest, race discrimination, young offenders by sally

‘A mother plans to launch her own legal action if the decision not to prosecute the boy reportedly involved in her son’s death is not reversed.’

BBC News, 7th June 2021

Source: www.bbc.co.uk

Baby and mother win right to access Healthy Start food scheme – The Guardian

Posted June 4th, 2021 in benefits, children, equality, families, food, government departments, health, human rights, immigration, judicial review, news, race discrimination by sally

‘A one-year-old baby and her mother have won a high court challenge granting her the right to access a healthy food and vitamins scheme from which she was previously barred. Thousands of babies and toddlers similarly denied access to the scheme will now be able to benefit from it.’

The Guardian, 3rd June 2021

Source: www.theguardian.com

Plans to restrict judicial review weaken the rule of law, MPs warn – The Guardian

Posted June 3rd, 2021 in bills, consultations, judicial review, judiciary, news, rule of law by sally

‘Proposals to restrict judicial review are an affront to the principles of fairness and government accountability and should be dropped, a cross-party group of MPs and peers has said.’

The Guardian, 2nd June 2021

Source: www.theguardian.com

Paolo Sandro: Do You Really Mean It? Ouster Clauses, Judicial Review Reform, and the UK Constitutionalism Paradox – UK Constitutional Law Association

Posted June 2nd, 2021 in constitutional law, government departments, judicial review, news, parliament, rule of law by sally

‘The Conservative government’s response to the IRAL report has raised plenty of alarm bells from UK constitutional scholars. The widespread observation that the government’s judicial review reform plans appear to go well beyond what the Independent Panel recommended points to a more fundamental problem: that the government seems to proceed from a very partial understanding (at best) of the UK “constitution”.’

UK Constitutional Law Association, 1st June 2021

Source: ukconstitutionallaw.org

Too soon for a reasonable preference – Nearly Legal

Posted May 26th, 2021 in families, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk

Finnian Clarke: Be careful what you wish for: The government’s judicial review consultation on public law nullity – UK Constitutional Law Association

Posted May 24th, 2021 in bills, constitutional law, consultations, government departments, judicial review, news by sally

‘In its “Judicial Review Reform: the Government Response to the Independent Review of Administrative Law” consultation document, the government puts forward a number of suggestions for reform of the concept of “nullity” within UK public law. They suggest among other things that only jurisdictional errors should be deemed void ab initio, and/or that courts ought to have a presumption against a finding of nullity. Though the recent Queen’s speech included a Judicial Review Bill, it made no mention of these specific proposals, suggesting that the government may be minded to shelve these ideas for now. In this post I’ll argue that the government would be well-advised to leave nullity alone.’

UK Constitutional Law Association, 24th May 2021

Source: ukconstitutionallaw.org

A Sigh of Relief: Elkundi & Ors v Birmingham City Council – Nearly legal

Posted May 21st, 2021 in disabled persons, families, housing, judicial review, local government, news, statutory duty by sally

‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’

Nearly legal, 20th May 2021

Source: nearlylegal.co.uk

Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others – Nearly Legal

Posted May 17th, 2021 in children, disability discrimination, disabled persons, equality, families, homelessness, housing, judicial review, local government, news by sally

‘Mrs Nur lives with her 3 adult daughters, including her daughter Zakiya Abudlahi, who has cerebral palsy and learning difficulties and for whom Mrs Nur is a full time carer. Mrs Nur and Zakiya were living in the PRS when they registered on Birmingham Council’s Housing List in August 2011. In late 2018 Mrs Nur’s landlord sought possession and an order for possession was made on 12 November 2018. The Council accepted they had a homelessness duty towards the family on 22 November and they were granted a tenancy of a house owned by the Council at 89 Jervoise Road. Mrs Nur received that property following a homelessness offer, rather than as an allocation under the scheme.’

Nearly Legal, 16th May 2021

Source: nearlylegal.co.uk

Applications for review in Special Educational Needs Cases – Local Government Lawyer

Posted May 14th, 2021 in appeals, education, judicial review, local government, news, special educational needs, tribunals by sally

‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’

Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

Mikołaj Barczentewicz: Should Cart Judicial Reviews be Abolished? Empirically Based Response – UK Constitutional Law Association

Posted May 5th, 2021 in constitutional law, government departments, judicial review, news, statistics by sally

‘The Government adopted a recommendation of the Independent Review of Administrative Law that Cart judicial reviews should be abolished. The reasons given by the Review for that recommendation have been criticised on this blog by Joe Tomlinson & Alison Pickup and by Joanna Bell. The Review (and the Government) claimed that there is only a 0.22% rate of success in Cart judicial reviews (“Cart JRs”), which makes the expenditure of judicial resources on dealing with Cart claims disproportionate. Tomlinson & Pickup and Bell noted that this figure is almost certainly incorrect, but they were not able to say what the true rate of success is due to the unavailability of necessary data. To address that, I conducted an unprecedented empirical study concluding that the success rate of Cart reviews is at least over ten times higher than the Review’s calculation. Here, I briefly summarize the results of my study and argue that in the light of that evidence the Government should propose to put the Cart procedure on a statutory footing, but not abolish it.’

UK Constitutional Law Association, 5th May 2021

Source: ukconstitutionallaw.org

Immigration removal and an Article 2 inquest – UK Human Rights Blog

Posted May 4th, 2021 in death in custody, detention, human rights, immigration, inquests, judicial review, ministers' powers and duties, news, witnesses by sally

‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’

UK Human Rights Blog, 29th April 2021

Source: ukhumanrightsblog.com

British woman to sue UAE royal she accuses of sexual assault for damages – The Guardian

Posted April 27th, 2021 in assault, false imprisonment, judicial review, news, prosecutions, sexual offences by sally

‘A British woman who accused a senior United Arab Emirates royal of sexually assaulting her has issued a formal claim for damages.’

The Guardian, 26th April 2021

Source: www.theguardian.com

JR reform backlash intensifies – Law Society’s Gazette

Posted April 26th, 2021 in consultations, government departments, judicial review, lord chancellor, news, time limits by sally

‘Widespread relief that the panel tasked with conducting an independent review of administrative law did not recommend wholesale reform of judicial review proved short-lived when the lord chancellor revealed that the report was just a “starting point”. It quickly became apparent that the government wants to go much further than Lord Faulks’ recommendations.’

Law Society's Gazette, 26th April 2021

Source: www.lawgazette.co.uk

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