Category: judicial review

A double victory for members of schemes in the PPF – Wilberforce Chamber

Posted June 26th, 2020 in chambers articles, EC law, employment, insolvency, judicial review, news, pensions by sally

‘The judgment of Mr Justice Lewis in Hughes and others v Board of the Pension Protection Fund [2020] EWHC 1598 (Admin), handed down on 22 June 2020, is of considerable importance for members of defined benefit schemes of insolvent employers. Thomas Seymour along with a counsel team from Blackstone Chambers (Tom de la Mare QC and Iain Steele), instructed by Farrers, acted for the British Airline Pilots Association (BALPA) representing pilots who were members of the Monarch and BMI Schemes, who brought proceedings for judicial review along with the claimants of other schemes. The proceedings, brought against the Pension Protection Fund (“PPF”) with the Department of Work and Pensions (“DWP”) as an interested party, were heard at a five-day remote hearing in the Administrative Court in May.’

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Wilberforce Chambers, 24th June 2020

Source: www.wilberforce.co.uk

Child maintenance: Mothers take legal action against DWP – BBC News

Posted June 25th, 2020 in children, financial provision, judicial review, news by sally

‘Four single mothers have told the government they are seeking a judicial review into unpaid child maintenance.’

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BBC News, 24th June 2020

Source: www.bbc.com

What You Should Know About The UK’s 14-Day Quarantine Rule – Each Other

Posted June 24th, 2020 in airlines, coronavirus, emergency powers, enforcement, fines, freedom of movement, government departments, human rights, judicial review, news, proportionality, transport by sally

‘As many Britons bask in a summer heatwave, Kylie Neuhaus will remain housebound for the next week or else she could face a fine of up to £1,000.’

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Each Other, 24th June 2020

Source: eachother.org.uk

Universal credit rules irrational and unlawful, judge says – The Guardian

Posted June 23rd, 2020 in appeals, benefits, computer programs, government departments, judicial review, news by sally

‘Four single mothers have secured a victory over the government after the appeal court ruled that rigid universal credit payment rules that leave tens of thousands of working benefit claimants out of pocket were irrational and unlawful.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

‘Against natural justice’: father to sue exams regulator over A-level grades system – The Guardian

Posted June 22nd, 2020 in bias, coronavirus, examinations, judicial review, news, race discrimination, school children by sally

‘Fears Ofqual’s Covid-19 method of adjusting marks in line with a school’s prior performance will penalise bright pupils.’

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The Guardian, 20th June 2020

Source: www.theguardian.com

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

Posted June 22nd, 2020 in confiscation, enforcement notices, guilty pleas, housing, judicial review, landlord & tenant, local government, news, planning, proceeds of crime by sally

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

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Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Judge declines to consider judicial review bid over inclusion of ‘informative’ in CLEUD – Local Government Lawyer

Posted June 19th, 2020 in judicial review, local government, news, planning by sally

‘A High Court judge has declined to hear a judicial review application concerning the inclusion of an “informative” into a certificate of lawfulness of existing use or development (“a CLEUD”).’

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Local Government Lawyer, 18th June 2020

Source: www.localgovernmentlawyer.co.uk

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

Posted June 19th, 2020 in artificial intelligence, equality, government departments, immigration, internet, judicial review, news, race discrimination, visas by sally

‘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

Posted June 18th, 2020 in competition, contracts, coronavirus, judicial review, news, protective equipment, public procurement by sally

‘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

Posted June 18th, 2020 in homelessness, housing, judicial review, local government, news, statutory duty by sally

‘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

Posted June 17th, 2020 in airlines, constitutional law, coronavirus, government departments, illegality, judicial review, news, proportionality, transport by sally

‘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

Posted June 17th, 2020 in attorney general, coronavirus, Crown Prosecution Service, emergency powers, freedom of movement, judicial review, news, political parties by sally

‘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

Posted June 15th, 2020 in airlines, coronavirus, employment, freedom of movement, government departments, judicial review, news, transport by sally

‘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

Posted June 15th, 2020 in bereavement, care homes, coronavirus, duty of care, elderly, equality, families, government departments, hospitals, judicial review, news by sally

‘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

Posted June 11th, 2020 in elections, identification, judicial review, local government, news, pilot schemes by sally

‘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

Posted June 11th, 2020 in coronavirus, health, judicial review, news, proportionality, regulations, ultra vires by sally

‘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

Posted June 10th, 2020 in government departments, human rights, inquiries, intelligence services, judicial review, news, rendition, terrorism, torture by sally

‘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