‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’
BBC News, 12th January 2021
Source: www.bbc.co.uk
‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’
Each Other, 8th January 2021
Source: eachother.org.uk
‘Flores, R (on the application of) v London Borough of Southwark (2020) EWCA Civ 1697. The was an appeal to the Court of Appeal from a first instance judicial review (our sceptical report here) of Southwark’s decision that the Flores family being in a statutorily overcrowded flat was a “deliberate act” for the purposes of Southwark’s allocation policy such that the family was not entitled to band 1 (highest) priority on the choice based letting scheme.’
Nearly Legal, 15th December 2020
Source: nearlylegal.co.uk
‘R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin). At a “rolled up” hearing on both permission and substantive merits, a challenge was considered by the High Court to the decision of the Foreign and Commonwealth Office’s (“FCO”) that Anne Sacoolas, the wife of a member of the US Government’s Technical and Administrative staff stationed at RAF Croughton, was entitled to diplomatic immunity from prosecution. The challenge to this decision was dismissed on all grounds. However, permission to appeal to the Court of Appeal has been granted.’
UK Human Rights Blog, 14th December 2020
Source: ukhumanrightsblog.com
‘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.’
The Guardian, 10th December 2020
Source: www.theguardian.com
‘The Lord Chancellor has revealed the potential timetable for unveiling anticipated judicial review and human rights reforms.’
Law Society's Gazette, 9th December 2020
Source: www.lawgazette.co.uk
‘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.’
Local Government Lawyer, 7th December 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
UKSC Blog, 4th December 2020
Source: ukscblog.com
‘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.’
Litigation Futures, 7th December 2020
Source: www.litigationfutures.com
‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
‘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.’
4-5 Gray's Inn Square, 2nd December 2020
Source: www.4-5.co.uk
‘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.’
UK Human Rights Blog, 3rd December 2020
Source: ukhumanrightsblog.com
‘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.’
The Guardian, 30th November 2020
Source: www.theguardian.com
‘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.’
The Guardian, 21st November 2020
Source: www.theguardian.com
‘South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.’
Local Government Lawyer, 20th November 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
39 Essex Chambers, 6th November 2020
Source: www.39essex.com
‘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.’
Legal Futures, 19th November 2020
Source: www.legalfutures.co.uk
‘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.’
Local Government Lawyer, 17th November 2020
Source: www.localgovernmentlawyer.co.uk
‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’
Each Other, 17th November 2020
Source: eachother.org.uk
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