judicial review – Page 39 – Current Awareness

Of Tweeting and Transgender Rights – Panopticon Blog

Posted February 18th, 2020 in freedom of expression, hate crime, human rights, internet, judicial review, news, police, transgender persons by sally

‘Over the years, Panopticon has discussed a number of cases about the powers of the police to record, retain, and disseminate information about individuals. The judgment of Mr. Justice Julian Knowles in R (ota Harry Miller) v (1) The College of Policing, and (2) The Chief Constable of Humberside [2020] EWHC 225 (Admin) is a significant contribution to the law in this area. In Panopticon terms the case is unusual, in that the issues are discussed by reference to the right to freedom of expression under Article 10 of the European Convention on Human Rights (“ECHR”), rather than by reference to Article 8 or data protection legislation.’

Panopticon Blog, 17th February 2020

Source: panopticonblog.com

The QC Tipped To Lead The Effort To ‘Update’ Human Rights Laws – Each Other

Posted February 14th, 2020 in attorney general, barristers, bills, brexit, human rights, judicial appointments commission, judicial review, judiciary, news, parliament, Supreme Court by sally

‘The attorney general, Geoffrey Cox QC, has been tipped to lead a new government commission tasked with updating human rights laws and reforming the judiciary.’

Each Other, 12th February 2020

Source: eachother.org.uk

Fresh legal challenge threatened over changes at hospital amid claims of “unlawful” consultation – Local Government Lawyer

Posted February 12th, 2020 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A campaigner has threatened a fresh legal challenge after a consultation on proposed changes at the Friarage Hospital in Northallerton did not include the option to maintain its accident and emergency department.’

Local Government Lawyer, 11th February 2020

Source: www.localgovernmentlawyer.co.uk

What is judicial review and why doesn’t the government like it? – The Guardian

Posted February 12th, 2020 in government departments, judicial review, news, parliament, rule of law by sally

‘Downing Street’s frustration over what it believes is excessive use of the judicial review process to overturn ministerial decisions – this week preventing deportations – has focused political attention on the complex courtroom process.’

The Guardian, 11th February 2020

Source: www.theguardian.com

Challenging a Settled Status decision – Richmond Chambers

Posted February 12th, 2020 in appeals, brexit, EC law, immigration, judicial review, news by sally

‘The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019.’

Richmond Chambers, 5th February 2020

Source: immigrationbarrister.co.uk

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project – Local Government Lawyer

Posted February 11th, 2020 in airports, judicial review, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.’

Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Case Preview: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire – UKSC Blog

Posted February 10th, 2020 in appeals, bereavement, coroners, death in custody, inquests, judicial review, news, prisons, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘This case concerns the standard of proof applicable in inquest proceedings in cases of alleged suicide. It raises important and fundamental questions concerning the conduct of inquests, and will be of particular significance to bereaved families where the deceased is alleged to have committed suicide while in the care or custody of the state. The Supreme Court may also consider the position in relation to findings of unlawful killing.’

UKSC Blog, 7th February 2020

Source: ukscblog.com

CPS knew rape ‘ambition’ could have perverse consequences – Law Society’s Gazette

Posted February 5th, 2020 in Crown Prosecution Service, domestic violence, judicial review, news, prosecutions, rape, sexual offences, statistics, women by sally

‘The Crown Prosecution Service was aware in 2015 that its conviction rate “levels of ambition” could have unintended consequences, the Gazette can reveal.’

Law Society's Gazette, 5th February 2020

Source: www.lawgazette.co.uk

High Court hears JR over extending QOCS to Equality Act claims – Litigation Futures

Posted February 4th, 2020 in costs, disabled persons, equality, Equality and Human Rights Commission, judicial review, news by sally

‘Qualified one-way costs shifting should be extended to people pursuing claims under the Equality Act, the High Court heard last week.’

Litigation Futures, 3rd February 2020

Source: www.litigationfutures.com

Supreme Court to rule on National Planning Policy Framework and preserving openness of the Green Belt – Local Government Lawyer

Posted February 3rd, 2020 in appeals, environmental protection, judicial review, local government, miners, news, planning, Supreme Court by sally

‘The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.’

Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Terminally Ill Dad ‘Thoroughly Disappointed’ As Court Of Appeal Rejects Assisted Dying Case – Each Other

Posted January 31st, 2020 in appeals, assisted suicide, human rights, inquiries, judicial review, news, suicide by sally

‘A terminally ill dad is calling for a government inquiry into the UK’s blanket ban on assisted dying after the Court of Appeal rejected his human rights challenge.’

Each Other, 30th January 2020

Source: eachother.org.uk

Police sending a third fewer rape cases to prosecutors, figures show – The Guardian

Posted January 31st, 2020 in Crown Prosecution Service, inquiries, judicial review, news, police, prosecutions, rape, sexual offences, statistics, victims by sally

‘Rape victims are finding it increasingly difficult to access justice as police refer fewer cases to the Crown Prosecution Service and fewer allegations of rape are being prosecuted and convicted, according to new figures.’

The Guardian, 30th January 2020

Source: www.theguardian.com

UK sued for approving Europe’s biggest gas power station – The Guardian

Posted January 30th, 2020 in climate change, energy, environmental protection, judicial review, news, planning by sally

‘The UK government is being sued for approving a large new gas-fired power plant, overruling the climate change objections of its own planning authority.
The plant, being developed by Drax in north Yorkshire, would become the biggest gas power station in Europe and could produce 75% of the UK’s power sector emissions when fully operational, according to the environmental lawyers ClientEarth, who have brought the judicial review.’

The Guardian, 30th January 2020

Source: www.theguardian.com

Legal advice must be “dominant purpose” for privilege to apply – Legal Futures

Posted January 29th, 2020 in airlines, appeals, disclosure, dispute resolution, documents, judicial review, legal services, news, privilege by sally

‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’

Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Tech Companies In Legal Bid Over UK’s Cancelled ‘Porn Block’ – Each Other

Posted January 20th, 2020 in bills, children, government departments, internet, judicial review, news, pornography, privacy by sally

‘Four tech companies have launched legal action to pressure the government into introducing age verification (AV) checks for people accessing porn online.’

Each Other, 17th January 2020

Source: eachother.org.uk

High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan- Local Government Lawyer

Posted January 16th, 2020 in judicial review, news, planning, unincorporated associations by sally

‘An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.’

Local Government Lawyer, 15th January 2020

Source: www.localgovernmentlawyer.co.uk

Resident fails in High Court challenge to planning consent for sand and gravel extraction project – Local Government Lawyer

Posted January 16th, 2020 in environmental protection, judicial review, news, planning by sally

‘A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.’

Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Unincorporated Associations have capacity to bring public law claims – Landmark Chambers

Posted January 16th, 2020 in judicial review, news, planning, unincorporated associations by sally

‘In a detailed judgment handed down today (14 January), Mrs Justice Lieven has ruled that, as a matter of principle, unincorporated associations have capacity to bring both judicial review proceedings and statutory challenges in their own name. Whilst in certain circumstances the addition or substitution of named individuals may be necessary for practical reasons such as security for costs, or where there is uncertainty about membership of the body, the inclusion of named individuals is not necessary for the validity of the claim.’

Landmark Chambers, 14th January 2020

Source: www.landmarkchambers.co.uk

Helen McCourt’s family seek urgent judicial review to prevent release of killer who never revealed location of her body – Daily Telegraph

Posted January 10th, 2020 in bills, disclosure, families, judicial review, murder, news, parole, victims by sally

‘The family of Helen McCourt are seeking an urgent judicial review to prevent her killer being released from prison despite never revealing where he hid her body.’

Daily Telegraph, 9th January 2020

Source: www.telegraph.co.uk

What would ‘mother’ say? A legal digest of R v Registrar General for England and Wales – KCH Garden Sq

Posted January 9th, 2020 in birth, gender, human rights, judicial review, news, parental rights, registrars, transgender persons by sally

‘The latest article from Family & Civil pupil Samuel Peake looks at how the term ‘mother’ was defined for the first time in common law earlier this year by the President of the Family Division, Sir Andrew McFarlane.’

KCH Garden Sq, 12th December 2019

Source: kchgardensquare.co.uk

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