Airspace in a crowded sky – UK Human Rights Blog

Posted August 28th, 2019 in accidents, aircraft, airports, health & safety, judicial review, news by sally

‘Lasham Gliding Society Ltd, R (on the application of) v. the Civil Aviation Authority and TAG Farnborough Airport Limited. The Claimant, the Lasham Gliding Society, challenged a decision by the Civil Aviation Authority, the statutory regulator of UK airspace, to permit the introduction of air traffic controls in airspace around Farnborough Airport, which is presently largely uncontrolled. Lasham Gliding Society (“LGS”) is one of the largest gliding clubs in the world. Its concern was that one of the effects of the CAA’s decision would be to increase the risk of a mid-air collision between its gliders and those aircraft which divert away from any newly controlled airspace around Farnborough Airport into the adjacent uncontrolled zone over Lasham where its gliders fly.’

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UK Human Rights Blog, 27th August 2019

Source: ukhumanrightsblog.com

Shelter crowd funds legal action over alleged failure by council to offer homeless people temporary accommodation – Local Government Lawyer

Posted August 22nd, 2019 in homelessness, housing, judicial review, local government, news, Scotland by sally

‘Housing charity Shelter Scotland is seeking to crowdfund legal action over what it says is Glasgow City Council’s unlawful failure to offer homeless people temporary accommodation.’

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Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Father of Islamic State fighter fails in judicial review claim – UK Human Rights Blog

‘R (on the application of Abdullah Muhammad Rafiqul Islam) v Secretary of State for the Home Department [2019] EWHC 2169 (Admin). In a case that was described as “the first such case to have come on for hearing before this court” and one that shares many similarities with the tabloid-grabbing story of Shamima Begum (discussed on the Blog here), Mr Justice Pepperall refused permission to bring judicial review proceedings on behalf of an Islamic State combatant whose citizenship had been revoked by the Home Secretary.’

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UK Human Rights Blog, 19th August 2019

Source: ukhumanrightsblog.com

High Court: Silence in disciplinary proceedings can lead to adverse inferences – Legal Futures

‘Disciplinary proceedings are not a “criminal/civil hybrid” and tribunals may draw adverse inferences from respondents staying silent, the High Court has made clear.’

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Legal Futures, 19th August 2019

Source: www.legalfutures.co.uk

Lincolnshire man challenges police transphobia guidelines – BBC News

‘A man interviewed by police over alleged transphobic tweets is challenging police guidance on hate incidents against transgender people.’

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BBC News, 6th August 2019

Source: www.bbc.co.uk

Robert Thomas and Joe Tomlinson: How Immigration Judicial Review Works – UK Constitutional Law Association

Posted July 31st, 2019 in human rights, immigration, judicial review, news, reports by sally

‘Two years ago on this blog, we drew attention to the immigration judicial review system—by far the most active area of judicial review litigation and the vast majority of all judicial reviews in England and Wales. In that post, we identified why there was a pressing need for further empirical exploration of the topic: not only was there a lack of understanding of litigation patterns but, on the basis of the evidence available, it seemed there was an issue of whether disputes were being channelled appropriately to judicial review (Paul Daly’s reflections on this post are available here). Since then, we have set about trying to build the evidence base that we argued was necessary to advance understanding. We collected data on the types of immigration judicial review claims and the views and experiences of people involved in the system. Our approach to the research was to collect both quantitative and qualitative data. We then combined the data gathered through these methods to inform our analysis. Our data included case-file analysis of Upper Tribunal judicial review cases and interviews with judges, representatives, users of the system, and others. We also undertook observations. Our full findings are set out in a detailed report, which we are publishing today. In this post, we provide a summary of our key conclusions.’

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UK Constitutional Law Association, 1st July 2019

Source: ukconstitutionallaw.org

Victims of rape have only 1.4 per cent chance of the case being solved, new figures show – Daily Telegraph

‘Theft and rape are among ten offences where the chances of cases being solved has fallen to below one in 50 or two per cent, the lowest rates on record, an analysis of new Home Office figures reveals.’

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Daily Telegraph, 27th July 2019

Source: www.telegraph.co.uk

Police risk assessments, actions and threats to kill – UK Police Law Blog

Posted July 29th, 2019 in judicial review, news, police, threatening behaviour by sally

‘In LXD and ors v Chief Constable of Merseyside Police [2019] EWHC 1685 (Admin), the Administrative Court found that the police had not breached its obligations under Articles 2, 3 and 8 of the Human Rights Act 1998 in its response to a threat to kill LXD and her children. Dingemans J, as he then was, encouraged mediation where the recipient of such a threat sought to challenge the adequacy of the police’s risk assessment or the protective measures that the police have put in place. The judge also questioned the appropriateness of a claim for judicial review being brought in these circumstances, which are likely to involve disputes of fact.’

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UK Police Law Blog, 28th July 2019

Source: ukpolicelawblog.com

Atheist parents take primary school to court as they say assembly prayers breach children’s human rights – Daily Telegraph

‘Atheist parents are taking their children’s primary school to the High Court, claiming that biblical re-enactments and praying in assembly are a breach of their human rights.’

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Daily Telegraph, 28th July 2019

Source: www.telegraph.co.uk

Tafida Raqeeb: Parents’ bid to get daughter treated goes to High Court – BBC News

Posted July 23rd, 2019 in children, hospitals, judicial review, medical treatment, news by sally

‘A family’s fight to take their ill daughter to Italy for treatment will be heard at the High Court in September.’

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BBC News, 22nd July 2019

Source: www.bbc.co.uk

Council defeats judicial review challenge over changes to school transport and SEN transport policies – Local Government Lawyer

‘Leicestershire County Council has defeated a High Court challenge brought by a 17-year-old, severely disabled girl over proposed changes to its school transport policies.’

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Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

Transgender man who gave birth loses high court privacy ruling – The Guardian

‘The first transgender man to give birth and seek to be called the child’s father has lost a high court case to protect his privacy despite warning that he and his child could be victimised and bullied as a result.’

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The Guardian, 16th July 2019

Source: www.theguardian.com

Police force takes legal action over policy requiring new officers to have a degree – Daily Telegraph

Posted July 12th, 2019 in budgets, education, judicial review, news, police, universities by sally

‘A police force is taking legal action over the controversial policy requiring all new officers to have a degree qualification.’

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Daily Telegraph, 11th July 2019

Source: www.telegraph.co.uk

What is a judicial review and can it stop a no-deal Brexit? – BBC News

Posted July 11th, 2019 in brexit, judicial review, news, parliament, prerogative powers by sally

‘Sir John Major has said he will seek a judicial review should Boris Johnson become Tory leader and suspend Parliament in order to deliver a no-deal Brexit. But, just what is a judicial review?’

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BBC News, 10th July 2019

Source: www.bbc.co.uk

Parish council fails in judicial review of assessment by planning officer of impact of 400-dwelling scheme on church – Local Government Lawyer

‘A parish council has failed in a High Court challenge to a decision by the development control committee at Arun District Council to grant outline permission for the development of a portion of land allocated for up to 400 dwellings.’

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Local Government Lawyer, 8th July 2019

Source: www.localgovernmentlawyer.co.uk

Major: I will seek a judicial review to stop Parliament shutdown – BBC News

Posted July 10th, 2019 in brexit, judicial review, news, parliament, political parties by sally

‘Former prime minister Sir John Major has told the BBC he would seek a judicial review in the courts if the new prime minister tried to suspend Parliament to deliver a no-deal Brexit.’

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BBC News, 10th July 2019

Source: www.bbc.co.uk

Developer fails in Court of Appeal bid to overturn ruling that neighbourhood plan challenge was brought out of time – Local Government Lawyer

Posted July 9th, 2019 in appeals, judicial review, news, planning, time limits by sally

‘Lord Justice Lindblom said the main question in Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council [2019] EWCA Civ 1152 was how one should understand the statutory provisions – in section 61N of the Town and Country Planning Act 1990 – for proceedings to challenge the steps taken by a local planning authority in making a neighbourhood plan.’

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Local Government Lawyer, 9th July 2019

Source: www.localgovernmentlawyer.co.uk

County council admits flawed practice of turning homeless children away, settles judicial review challenge – Local Government Lawyers

‘Essex County Council has settled a judicial review challenge brought on behalf of a 16-year-old homeless child, admitting that it had operated an unlawful practice of turning homeless children away from care in breach of section 20 of the Children Act 1989.’

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Local Government Lawyer, 4th July 2019

Source: www.localgovernmentlawyer.co.uk

University conducted flawed disciplinary proceedings in removing MA student from social work over disapproval of homosexual acts: Court of Appeal – Local Government Lawyer

‘A university conducted flawed disciplinary proceedings when it removed an MA student from a social work course for fitness to practice reasons, after he expressed religions views on a public social media platform disapproving of homosexual acts.’

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Local Government Lawyer, 5th July 2019

Source: www.localgovernmentlawyer.co.uk

Social housing and religion: R (Z & Anor) – Law & Religion UK

‘A non-Jewish woman, Z, had four children, including a son with autism. She was at the top of Hackney Council’s list for a four-bedroom home in the area. The co-defendant, the Agudas Israel Housing Association (AIHA), was founded in 1986 to provide social housing for Orthodox Jews in north London: it does not accept applications from anyone outside the Orthodox community. Six four-bedroom properties owned by AIHA became available but Ms Z was not allowed to apply for one of them. She sought judicial review of that refusal, arguing that it was unlawful and discriminatory for the AIHA to refuse her a home. As we noted, in R (Z & Ors) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin), a Divisional Court dismissed her claim, holding that a Jewish housing association might legitimately refuse to rent houses to those who were not Orthodox Jews. Z appealed.’

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Law & Religion UK, 5th July 2019

Source: www.lawandreligionuk.com