Is Lockdown 2 Lawful? – 39 Essex Chambers

‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’

Full Story

39 Essex Chambers, 6th November 2020

Source: www.39essex.com

Lord Chancellor rails against lawyers who “vaunt political views” online – Legal Futures

‘The Lord Chancellor yesterday told lawyers who “vaunt their political views” on social media to raise their profile and attract work that they are giving the profession a bad name.’

Full Story

Legal Futures, 19th November 2020

Source: www.legalfutures.co.uk

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

‘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.’

Full Story

Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Victory For Workers Denied Health And Safety Protections Amid Covid-19 – Each Other

‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’

Full Story

Each Other, 17th November 2020

Source: eachother.org.uk

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

‘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.’

Full Story

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

‘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).’

Full Story

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

‘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.’

Full Story

UKSC Blog, 13th November 2020

Source: ukscblog.com

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

‘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.’

Full Story

The Guardian, 11th November 2020

Source: www.theguardian.com

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

‘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.’

Full Story

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 tracey

‘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.’

Full Story

The Guardian, 2nd November 2020

Source: www.theguardian.com

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

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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

‘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).’

Full Story

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

‘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.’

Full Story

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.’

Full Story

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

‘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.’

Full Story

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

‘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.’

Full Story

UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org