Asylum seekers launch legal challenge against their removal from UK – The Guardian

Posted August 11th, 2020 in asylum, deportation, judicial review, news, trafficking in human beings by sally

‘A group of asylum seekers due to be flown out of the UK this week in a Home Office operation targeting people who arrived on small boats have launched a mass legal challenge to their removal, the Guardian has learned.’

Full Story

The Guardian, 11th August 2020

Source: www.theguardian.com

Race equality chief faces legal challenge over appointment – The Guardian

Posted August 11th, 2020 in equality, homosexuality, judicial review, news, race discrimination, racism by sally

‘The academic chosen to lead the prime minister’s new racial equality commission, despite having cast doubt on the effects of institutional racism and making homophobic comments in the past, is facing a legal challenge to his appointment.’

Full Story

The Guardian, 11th August 2020

Source: www.theguardian.com

Government announces independent review of judicial review – Law Society’s Gazette

Posted August 7th, 2020 in government departments, human rights, judicial review, news, parliament by sally

‘On 31 July 2020 the Government launched an independent review to examine whether there is a need to reform the judicial review process in the UK. The terms of reference of the review are available here. The review follows pledges in the Conservative manifesto to ensure judicial review is “not abused to conduct politics by another means or to create endless delays”. The terms of reference make it clear that the review aims to consider whether judicial review has encroached too far into the work of the executive branch of government.’

Full Story

Law Society's Gazette, 6th August 2020

Source: www.lawgazette.co.uk

Government Scraps Immigration “Streaming Tool” before Judicial Review – UK Human Rights Blog

‘In response to a legal challenge brought by the Joint Council for the Welfare of Immigrants (JCWI), the Home Office has scrapped an algorithm used for sorting visa applications. Represented by Foxglove, a legal non-profit specialising in data privacy law, JCWI launched judicial review proceedings,, arguing that the algorithmic tool was unlawful on the grounds that it was discriminatory under the Equality Act 2010 and irrational under common law.’

Full Story

UK Human Rights Blog, 6th August 2020

Source: ukhumanrightsblog.com

Court rejects JR over LASPO post-implementation review – Litigation Futures

‘The High Court has rejected a judicial review that argued the Ministry of Justice (MoJ) failed to carry out an adequate review of the impact of the LASPO reforms on those with asbestos-related diseases.’

Full Story

Litigation Futures, 3rd August 2020

Source: www.litigationfutures.com

Chris Packham loses appeal against HS2 rail project – The Guardian

‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’

Full Story

The Guardian, 31st July 2020

Source: www.theguardian.com

Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer

‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’

Full Story

Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer

‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’

Full Story

Local Government Lawyer, 29th July 2020

Source: www.localgovernmentlawyer.co.uk

Manchester Arena Inquiry challenge dismissed – UK Human Rights Blog

‘The High Court has today handed down judgment in R (EA and Anor) v Chairman of the Manchester Arena Inquiry [2020] EWHC 2053 (Admin) refusing permission for judicial review to a group of survivors who unsuccessfully sought core participant status in the forthcoming inquiry into the Manchester Arena bombing attacks. A full legal analysis of the decision will follow. This article provides a summary of the judgment and its context.’

Full Story

UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

Pontypridd: £37m school shake-up scrapped by judicial review – BBC News

Posted July 31st, 2020 in education, judicial review, news, school children, Wales by sally

‘A £37m schools reorganisation in the south Wales valleys has been quashed after a judicial review.’

Full Story

BBC News, 30th July 2020

Source: www.bbc.co.uk

Judges urged to quash Helen McCourt killer’s parole – BBC News

‘The mother of a 22-year-old insurance clerk murdered in 1988 has asked judges to quash a Parole Board decision to release her daughter’s killer.’

Full Story

BBC News, 29th July 2020

Source: www.bbc.co.uk

Claimant with Down Syndrome secures permission for judicial review of charging policy of county council – Local Government Lawyer

‘A 24-year-old woman with Down Syndrome has been granted permission for a judicial review challenge of Norfolk County Council’s policy of charging people for essential care and support.’

Full Story

Local Government Lawyer, 14th July 2020

Source: www.localgovernmentlawyer.co.uk

The Client Earth/Drax Case – No. 5 Chambers

‘This case is a High Court challenge by statutory judicial review to the Secretary of State’s decision to grant a development consent order for the construction and operation of two gas-fired generating units at an existing coal-fired power station site in Yorkshire. The decision was contrary to the recommendation of her examining Panel. The challenge was unsuccessful largely because the Panel itself had made an error which the Secretary of State declined to follow. The Panel had misinterpreted national policy on the assessment of “need” for the development and the Secretary of State had been entitled to conclude that that need outweighed the substantial adverse environmental impacts of the proposed development.’

Full Story

No. 5 Chambers, 30th June 2020

Source: www.no5.com

Manchester Arena Survivors lose bid for role in public inquiry – Local Government Lawyer

Posted July 10th, 2020 in inquiries, judicial review, news, terrorism, time limits, victims by sally

‘A group of survivors of the terror attack at the Manchester Arena in 2017 have a lost a legal bid to be given “core participants” status at the public inquiry into the bombing.’

Full Story

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

Full Story

UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Council faces judicial review over SEND cuts – Local Government Lawyer

‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’

Full Story

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Green light given for judicial review challenge of £350 million hospital redevelopment plan – Local Government Lawyer

Posted July 9th, 2020 in budgets, health, hospitals, judicial review, news by sally

‘A judicial review into the allocation of funding for hospital services in Hertfordshire is to take place after campaigners for a new hospital successfully applied for a judicial review of the plan to redevelop the area’s existing hospitals.’

Full Story

Local Government Lawyer, 8th July 2020

Source: www.localgovernmentlawyer.co.uk

Lockdown challenge — permission refused – UK Human Rights Blog

‘Mr Justice Lewis has refused permission to bring a judicial review in what is arguably the most comprehensive and wide-reaching challenge brought to date to the legality of the lockdown Regulations and the decision to stop providing education on school premises (save for the children of key workers) in R (Dolan and Ors) v Secretary of State for Health and Social Care and Secretary of State for Education [2020] EWHC 1786 (Admin).’

Full Story

UK Human Rights Blog, 7th July 2020

Source: ukhumanrightsblog.com

Supreme Court holds children’s hearings system is compatible with article 8 – UK Human Rights Blog

‘The Supreme Court recently dismissed two appeals concerning the role and rights of siblings in children’s hearings in Scotland. It held that the provisions of the Children’s Hearings (Scotland) Act 2011 in question were compatible with article 8 of the European Convention on Human Rights.’

Full Story

UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Daniella Lock: The ‘Third Direction case’ Part One: Miller (Nos 1 and 2) in the National Security Context? – UK Constitutional Law Association

‘The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a previously secret national security policy of the UK Government. The policy authorises agents of the Security Service (MI5) to engage in criminal activity, which the claimants allege include the carrying out of torture and murder. Hearings on the case were held in November last year in the Investigatory Powers Tribunal (IPT), a specialist tribunal which adjudicates complaints on state surveillance and the conduct of the Security Services (MI5, MI6 and GCHQ). The IPT produced a judgment remarkably quickly, published in December.’

Full Story

UK Constitutional Law Association, 7th July 2020

Source: ukconstitutionallaw.org