Home Office to face legal challenge over ‘digital hostile environment’ – The Guardian

‘Immigrants’ rights campaigners are to bring the first court case of its kind in British legal history in an attempt to turn off what they claim is a decision-making algorithm that creates a “hostile environment” for people applying for UK visas online.’

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The Guardian, 18th June 2020

Source: www.theguardian.com

Government facing legal challenge over urgent award of £108m PPE contract – Local Government Lawyer

‘The Good Law Project will today [15 June] launch judicial review proceedings over the Government’s award of an £108m contract to a pest control company for the supply of PPE.’

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Local Government Lawyer, 15th June 2020

Source: www.localgovernmentlawyer.co.uk

Ending it all – duties under section 188 – Nearly Legal

‘Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is not in priority need, is that sufficient to bring the s.188 duty to an end? In this judicial review, the answer turns out to be no, at least not if the s.189B duty is continuing and notice of no further duty has not been served.’

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Nearly Legal, 16th June 2020

Source: nearlylegal.co.uk

Yossi Nehushtan: The 14-Day Quarantine Policy is Illegal – UK Constitutional Law Association

‘Harsh criticism, mainly from politicians and the travel industry has been expressed regarding the new government policy, according to which, and from 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. It is surprising that very little has been said about the clear illegality of this policy, despite a very recent judicial review process that has been brought against the policy by a few airline companies. In this post it is argued that the quarantine policy is irrational, unreasonable and disproportionate – and therefore illegal. A preliminary note about the differences between rationality and reasonableness will be followed by applying rationality, reasonableness and proportionality to our case.’

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UK Constitutional Law Association, 17th June 2020

Source: ukconstitutionallaw.org

Temporary Exclusion Orders and the Right to a Fair Hearing in the UK – Oxford Human Rights Hub

Posted June 17th, 2020 in closed material, disclosure, human rights, judicial review, news, terrorism by sally

‘In QX v Secretary of State for the Home Department [2020], the UK High Court reached a landmark preliminary decision that ECHR Article 6 applies to the judicial review of obligations imposed under a Temporary Exclusion Order (TEO). The Court further held that the claimant is entitled to the level of disclosure outlined in SSHD v AF (No 3) [2009]. This judgement sets a welcome precedent for applying Article 6 to closed material proceedings under the Counter-Terrorism and Security Act 2015. It is also consistent with the procedural protections applied to the former regime for control orders, now succeeded by TPIM notices. The reasons given for applying the AF (No 3) standard of disclosure, however, demonstrate the persistence of a limited and discretionary approach to disclosure obligations in national security litigation.’

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Oxford Human Rights Hub, 4th June 2020

Source: ohrh.law.ox.ac.uk

Public prosecutor faces legal action over Cummings’ Durham trip – The Guardian

‘A judicial review is being sought over the failure of the director of public prosecutions, Max Hill, to investigate Dominic Cummings for alleged breaches of the coronavirus lockdown rules.’

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The Guardian, 16th June 2020

Source: www.theguardian.com

Boundaries to registered leasehold property: the High Court reminds conveyancers why it is important to read the small print in HCP (Hendon) Ltd) v Chief Land Registrar – Landmark Chambers

Posted June 16th, 2020 in interpretation, judicial review, land registration, leases, news by sally

‘This case tested the extent to which information contained on the face of the property register to registered leasehold estates can be relied on. It is the first time the High Court has specifically ruled on the question of whether the title plan and the floor level note on the property register are conclusive and can be relied on in isolation from the underlying lease, for the purpose of ascertaining the vertical general boundaries. The judgment confirms that the Land Registration Act 2002 does not modify the long-established principle that the general boundaries are determined by construing the lease itself. To that end, the lease is effectively incorporated into the register of title by reference and by HM Land Registry keeping a copy, so the description of the registered estate on the face of the property register does not stand in isolation and must be read in conjunction with the registered lease.’

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Landmark Chambers, 1st June 2020

Source: www.landmarkchambers.co.uk

Jason Varuhas: Evidence, Facts and the Changing Nature of Judicial Review – UK Constitutional Law Association

Posted June 16th, 2020 in disclosure, evidence, human rights, judicial review, news by sally

‘ It is received wisdom, oft-repeated in judgments and textbooks alike, that the judicial review procedure is not an apt forum for the testing of evidence and resolution of disputed questions of fact. For example, it is commonly stated that disclosure and oral evidence will only be ordered rarely, while one would be lucky to find ‘expert evidence’ mentioned in an administrative law text. In contrast disclosure, oral evidence and expert evidence are par for the course in ‘ordinary’ civil proceedings.’

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UK Constitutional Law Association, 15th June 2020

Source: ukconstitutionallaw.org

BA, easyJet and Ryanair begin court action over UK quarantine rules – The Guardian

‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Matt Hancock faces legal action from daughter of Covid-19 care home victim – The Guardian

‘Matt Hancock is facing legal action from the daughter of a man who died from Covid-19 in a care home in which the health secretary is accused of a “litany of failures” and misleading the public with his claim to have “thrown a protective ring” around care homes.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Challenge to new voter ID pilot dismissed by Court of Appeal – UK Human Rights Blog

‘The Government’s announcement that eleven local authorities across England would be taking part in voter ID pilots for the 2019 local elections was controversial. There is a heated debate as to whether citizens should have to provide photo identification before receiving their ballot at elections. For some, it is a straight-forward measure to avoid the risk of fraud. For others, it is a policy that, by design or inadvertently, leads to the disenfranchisement of certain groups.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

Latest on the Lockdown Challenge in the UK courts – UK Human Rights Blog

‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

Whitehall held secret review into 15 possible cases of torture or rendition – The Guardian

‘Fifteen potential cases of torture or rendition involving British intelligence at the height of the “war on terror” were examined last year in a secret Whitehall review, whose existence was revealed in court proceedings on Tuesday.’

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The Guardian, 9th June 2020

Source: www.theguardian.com

Self-quarantine measures for international travellers – the prospects of a legal challenge – 3 Hare Court

‘Christopher Loxton examines the legislation, and the prospects of potential legal challenges, and concludes that the Government is likely to face substantial difficulties in providing adequate legal justification for the self-quarantine measures contained in the legislation.’

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3 Hare Court, 9th June 2020

Source: www.3harecourt.com

High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers – Local Government Lawyer

‘A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

UK ministers face legal challenge for refusal to order PPE inquiry – The Guardian

Posted June 9th, 2020 in coronavirus, hospitals, judicial review, news, protective equipment by sally

‘Ministers are facing a high court legal challenge after they refused to order an urgent investigation into the shortages of personal protective equipment faced by NHS staff during the coronavirus pandemic.’

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The Guardian, 8th June 2020

Source: www.theguardian.com

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

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Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station – Local Government Lawyer

‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Court action threatened over school meal vouchers – BBC News

‘Campaigners have threatened to bring legal action against the government for not providing free school meal vouchers during the summer.’

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BBC News, 5th June 2020

Source: www.bbc.co.uk

High Court Dismisses Claim in Drax Challenge – Francis Taylor Building

‘Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).’

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Francis Taylor Building, 22nd May 2020

Source: www.ftbchambers.co.uk