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

Delays and duties and human rights – Nearly Legal

‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’

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Nearly Legal, 3rd June 2020

Source: nearlylegal.co.uk

Doctors to file legal challenge to PPE guidance – Garden Court Chambers

‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’

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Garden Court Chambers, 22nd May 2020

Source: www.gardencourtchambers.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Time Limits for Tender Challenges: test for extending time to bring a public procurement challenge – Henderson Chambers

‘In Riverside Truck Rental Ltd-v-Lancashire County Council [2020] EWHC 1018 (TCC) the High Court confirmed the strict application of the rules governing the time limits for bringing a claim for breach of the EU Public Procurement regime, whether it be in the High Court (TCC) by way of a claim under the regulation 91 of the Public Contracts Regulations 2015, or in the Administrative Court by way of a claim for judicial review.’

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Henderson Chambers, 14th May 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 – Wilberforce Chambers

Posted May 29th, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘In 2016, the Government issued guidance to local authorities administering the local government pension scheme (“LGPS”) which had the effect of restricting divestments from UK defence companies and foreign countries. In response, the Palestine Solidarity Campaign, a company dedicated to campaigning in support of the rights of the Palestinian people, sought judicial review of this guidance. In R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court ruled by a bare majority in favour of the PSC.’

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Wilberforce Chambers, 28th May 2020

Source: www.wilberforce.co.uk

London borough wins High Court battle with tenant on banding and overcrowding – Local Government Lawyer

Posted May 28th, 2020 in families, housing, judicial review, local government, news by sally

‘The London Borough of Southwark was entitled to conclude a family was not in the highest category of overcrowding because it had voluntarily moved into accommodation that would become statutorily overcrowded as its children grew older.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020) – 3PB

‘This case concerned an application for judicial review of a decision by the London Borough of Richmond upon Thames (“the Council”) not to treat the Claimants’ rented address in East Sheen as their permanent home for the purposes of a school admissions application for their son. This was because the Claimants also owned a property in Barnes.’

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3PB, 6th May 2020

Source: www.3pb.co.uk

Woman who makes involuntary sounds fails in judicial review challenge over noise abatement notice – Local Government Lawyer

‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’

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Local Government Lawyer, 26th May 2020

Source: www.localgovernmentlawyer.co.uk

Children getting older as ‘unnatural increase’ for overcrowding – Nearly Legal

Posted May 22nd, 2020 in children, families, housing, judicial review, local government, news by sally

‘This was a judicial review of Southwark’s allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded.’

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Nearly Legal, 21st May 2020

Source: nearlylegal.co.uk

Lawyers deny British army to blame for veterans’ illegal immigrant status – The Guardian

‘Government lawyers have rejected a claim brought by eight Commonwealth army veterans, dismissing their allegations that, on discharge, officials failed to assist them with complex, unaffordable immigration rules, leaving them classified as illegal immigrants.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Legal case launched over UK’s ‘outdated’ energy policies – The Guardian

Posted May 19th, 2020 in climate change, energy, judicial review, news by sally

‘The government faces a legal challenge over a set of “outdated” energy policies which are being used to approve fossil fuel projects even after it vowed to end Britain’s contribution to the climate crisis.’

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The Guardian, 18th May 2020

Source: www.theguardian.com

Government faces legal action over refusal to publish Sage minutes – The Guardian

‘A millionaire businessman is launching legal action against the government after it refused to disclose minutes of the Sage meetings that informed its decision to impose the coronavirus lockdown.’

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The Guardian, 16th May 2020

Source: www.theguardian.com

Farmers lose legal challenge to cancellation of Derbyshire badger cull – The Guardian

Farmers have lost a challenge to the government’s cancellation of the badger cull in Derbyshire in a high court ruling that has been welcomed by wildlife groups.

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The Guardian, 13th May 2020

Source: www.theguardian.com