judicial review – Page 30 – Current Awareness

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

Posted November 17th, 2020 in bailiffs, coronavirus, enforcement, judicial review, Ministry of Justice, news, regulations, warrants by sally

‘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

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

Posted November 17th, 2020 in bailiffs, coronavirus, enforcement, judicial review, Ministry of Justice, news, repossession, warrants by sally

‘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).’

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

Posted November 16th, 2020 in appeals, coroners, inquests, judicial review, Ministry of Justice, news, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘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.’

UKSC Blog, 13th November 2020

Source: ukscblog.com

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

Posted November 12th, 2020 in armed forces, dangerous driving, diplomats, families, government departments, human rights, immunity, judicial review, news, prosecutions by sally

‘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.’

The Guardian, 11th November 2020

Source: www.theguardian.com

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

Posted November 4th, 2020 in coronavirus, Crown Prosecution Service, emergency powers, freedom of movement, government departments, judicial review, news, police by sally

‘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.’

The Guardian, 3rd November 2020

Source: www.theguardian.com

Lone child migrants cannot be put in adult hotels, high court rules – The Guardian

Posted November 3rd, 2020 in asylum, children, housing, judicial review, local government, news, statutory duty by sally

‘The high court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation after three young asylum seekers won the right to be placed in the care of social services in the first case of its kind.’

The Guardian, 2nd November 2020

Source: www.theguardian.com

Legal action taken against PM over refusal to investigate Kremlin meddling – The Guardian

Posted October 29th, 2020 in elections, inquiries, judicial review, ministers' powers and duties, news, parliament, Russia, spying by sally

‘A cross-party group of MPs and peers including a former national security adviser are taking legal action against Boris Johnson over his government’s refusal to order an inquiry into Russian interference in UK elections.’

The Guardian, 29th October 2020

Source: www.theguardian.com

Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association

Posted October 29th, 2020 in coronavirus, judicial review, ministers' powers and duties, news, regulations by sally

‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’

UK Constitutional Law Association, 28th October 2020

Source: ukconstitutionallaw.org

Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer

Posted October 29th, 2020 in coronavirus, judicial review, local government, news, referendums, regulations by sally

‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’

Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Fijian-born British soldiers lose latest legal fight to stay in UK – The Guardian

Posted October 27th, 2020 in armed forces, citizenship, immigration, judicial review, medical treatment, news by sally

‘Eight Fijian-born soldiers who served with the British army in Iraq and Afghanistan have been rebuffed in their initial attempt to seek a judicial review of the handling of their immigration claims.’

The Guardian, 25th October 2020

Source: www.theguardian.com

UK faces new legal challenge over arms sales to Saudi Arabia – The Guardian

Posted October 27th, 2020 in international trade, judicial review, licensing, news, Saudi Arabia, weapons by sally

‘Campaigners have filed for a judicial review of the UK government’s decision to renew arms sales to Saudi Arabia.’

The Guardian, 27th October 2020

Source: www.theguardian.com

Law Society sets out priority areas for reform that would see less need for judicial review challenges – Local Government Lawyer

Posted October 27th, 2020 in appeals, disclosure, immigration, judicial review, Law Society, legal aid, news, pre-action conduct by sally

‘The Law Society has called for four reforms which it says would reduce the need for citizens to resort to judicial review, in its submission to the Independent Review of Administrative Law (IRAL).’

Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

Police ‘failings’ to be considered at new inquest into death of Susan Nicholson – Daily Telegraph

Posted October 26th, 2020 in bereavement, coronavirus, domestic violence, families, inquests, judicial review, negligence, news, police by sally

‘The family of a woman murdered by a double killer have won a legal battle for a new inquest into her death to consider potential police failings.’

Daily Telegraph, 23rd October 2020

Source: www.telegraph.co.uk

JR vital to constitutional balance of powers – Law Society’s Gazette

Posted October 26th, 2020 in constitutional law, judicial review, Law Society, news by sally

‘Anyone who is affected by the decisions of public bodies must be able to raise a challenge in the courts, the Law Society said today as it proposed reforms to the judicial review process.’

Law Society's Gazette, 26th October 2020

Source: www.lawgazette.co.uk

Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB – No. 5 Chambers

Posted October 22nd, 2020 in areas of outstanding natural beauty, environmental protection, judicial review, news, nuclear power, planning, sites of special scientific interest by sally

‘The Claimant sought judicial review of the Council’s decision to grant planning permission for replacement facilities in respect of what is known as “Sizewell B” power station, part of the Sizewell power stations in Suffolk, in advance of a decision on whether or not to grant development consent for “Sizewell C”. The site lies within the Suffolk Coast and Heaths AONB and the Suffolk Heritage Coast. The Sizewell Marshes SSSI lies immediately west and north of the site and within the western boundary lies Coronation Wood. The Claimant was Secretary and member of “Together Against Sizewell C”, a group which held concerns as to the sensitive nature of the environment around Sizewell and the impact of the Sizewell C project.’

No. 5 Chambers, 8th October 2020

Source: www.no5.com

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

Posted October 22nd, 2020 in constitutional law, devolution, judicial review, jurisdiction, ministers' powers and duties, news, Wales by sally

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Abortion “pills by post”: approval of procedure not unlawful – Court of Appeal – UK Human Rights Blog

Posted October 22nd, 2020 in abortion, doctors, judicial review, news by sally

‘The secretary of state had granted a temporary approval during the COVID-19 pandemic of “the home of a pregnant woman” as a class of places for the taking of Mifepristone, one of the two drugs required for a termination of pregnancy during the first 10 weeks. The appellants challenged this decision by way of judicial review, arguing, inter alia, that it was unlawful as being without the powers conferred by the Abortion Act 1967 (as amended).’

UK Human Rights Blog, 21st October 2020

Source: ukhumanrightsblog.com

What Has Judicial Review Ever Done For Us? – Each Other

Posted October 19th, 2020 in constitutional law, government departments, human rights, judicial review, judiciary, news, Supreme Court by sally

‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’

Each Other, 16th October 2020

Source: eachother.org.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

Posted October 19th, 2020 in constitutional law, criminal justice, government departments, human rights, immigration, judges, judicial review, judiciary, news, parliament by sally

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

The Guardian, 19th October 2020

Source: www.theguardian.com

Court of Appeal dismisses challenge to increase in state pension age – UK Human Rights Blog

Posted October 9th, 2020 in age discrimination, appeals, delay, equality, human rights, judicial review, news, notification, pensions by sally

‘In Delve and Anor v SSfWP [2020] EWCA Civ 1199, the Court of Appeal dismissed the challenge brought against the series of Pensions Acts between 1995 and 2014 which equalised the state pension age for women with that of men by raising the state pension age for women from 60 to 65 and then raising the age at which both men and women can claim their state pension.’

UK Human Rights Blog, 9th October 2020

Source: ukhumanrightsblog.com

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