‘The family of Dawn Sturgess, who died in the Wiltshire novichok poisonings, has won the first stage of a legal challenge against a coroner’s decision to limit the scope of her inquest.’
The Guardian, 13th May 2020
Source: www.theguardian.com
‘The Court of Appeal has dismissed a bid by a state-funded secondary school in the north of England to have an adverse Ofsted report quashed.’
Local Government Lawyer, 11th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The normal Cyanamid test for granting an interim injunction is whether there is a serious issue to be tried; if so, whether damages would be a sufficient remedy; and if not, where the balance of convenience (or balance of injustice) lies. Sometimes these stages, particularly the last two, get compressed together.’
Education Blog, 9th May 2020
Source: education11kbw.com
‘It is often impossible to sense how a judge is receiving submissions during remote judicial review hearings held during the Covid-19 lockdown, leading to confusion for advocates, a study has found.’
Litigation Futures, 11th May 2020
Source: www.litigationfutures.com
‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’
Local Government Lawyer, 11th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The ‘hostile environment’ policy was introduced in 2012 by then Home Secretary Theresa May. It combines administrative and legal measures designed to make life in the UK so difficult for irregular migrants that they are forced to leave the country. The hallmark of the policy is the empowerment of private citizens and public servants to routinely carry out immigration checks as part of many aspects of everyday life, including renting a property, applying for jobs and accessing public services.’
5SAH, 7th May 2020
Source: www.5sah.co.uk
‘An eight-year-old British boy is taking the Home Office to the high court over its policy of denying families like his access to the welfare safety net.’
The Guardian, 6th May 2020
Source: www.theguardian.com
‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’
UK Constitutional Law Association, 6th May 2020
Source: ukconstitutionallaw.org
‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’
Blackstone Chambers, 1st May 2020
Source: www.blackstonechambers.com
‘Three women serving in the armed forces have begun legal action aimed at preventing the military courts from trying UK rape cases, complaining that the conviction rate is five to six times lower than in civilian courts.’
The Guardian, 3rd April 2020
Source: www.theguardian.com
‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’
BBC News, 1st May 2020
Source: www.bbc.co.uk
‘The government is facing a challenge to the legality of the coronavirus lockdown by a wealthy businessman who fears it will kill more people than it saves.’
The Guardian, 1st May 2020
Source: www.theguardian.com
‘This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme are permitted to make. The appellants brought a claim for judicial review alleging that two passages in the guidance issued by the Secretary of State pursuant to the Local Government Pension Scheme (Management and Investment of Funds) Regulations in 2016 was unlawful. The first passage concerned states that “the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”. The second passage states that authorities “[s]hould not pursue policies that are contrary to UK foreign policy or UK defence policy”.’
UKSC Blog, 30th April 2020
Source: ukscblog.com
‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’
Local Government Lawyer, 29th April 2020
Source: www.localgovernmentlawyer.co.uk
‘Lawyers representing Jeremy Bamber, who is serving a whole life sentence for killing five members of his family in 1985, will ask the high court to review the refusal of the Crown Prosecution Service to disclose evidence they believe could undermine his conviction.’
The Guardian, 30th April 2020
Source: www.theguardian.com
‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’
Each Other, 28th April 2020
Source: eachother.org.uk
‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’
BBC News, 28th April 2020
Source: www.bbc.co.uk
‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’
Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020
‘The Court of Appeal have their way with the judicial review of the ‘Right to Rent’ scheme. This was the Secretary of State’s appeal of the remarkable first instance judgment which had found the scheme to be incompatible with Art 14 with Art 8. (For transparency, I acted for the Residential Landlords Association on their intervention in both the High Court and Court of Appeal.)’
Nearly Legal, 27th April 2020
Source: nearlylegal.co.uk
‘The Sikh Federation UK has brought a second judicial review challenge against the Cabinet Office over government plans for the 2021 Census.’
Local Government Lawyer, 24th April 2020
Source: www.localgovernmentlawyer.co.uk
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