‘The High Court judgment in the Heathrow third runway case is arguably the most extensive judicial reasoning on current UK climate change law to date.’
Six Pump Court, 25th June 2019
Source: www.6pumpcourt.co.uk
‘In R (Boskovic) v Chief Constable of Staffordshire [2019] EWCA Civ 676, the Court of Appeal had to resolve apparently conflicting High Court decisions on two separate questions arising from the application of the Police (Injury Benefit) Regulations 2006. This blog post considers the implications for police pension authorities who are asked to agree to re-open a final decision, thereby avoiding the need for an appeal to the Police Medical Appeal Board, or a judicial review claim.’
UK Police Law Blog, 2nd July 2019
Source: ukpolicelawblog.com
‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’
UK Constitutional Law Association, 26th June 2019
Source: ukconstitutionallaw.org
‘The government is “leaving thousands of children in limbo” and breaching their human rights by underfunding education for those with special educational needs and disabilities (SEND), a court will hear.’
Rights Info, 26th June 2019
Source: rightsinfo.org
‘A Court of Protection judge has rejected an application by the Official Solicitor (OS), acting as litigation friend, for the London Borough of Harrow to pay its costs in proceedings under Section 21A of the Mental Capacity Act 2005.’
Local Government Lawyer, 18th June 2019
Source: www.localgovernmentlawyer.co.uk
‘ A High Court judge has rejected a judicial review challenge brought by human rights group Liberty over the refusal to grant civil legal aid for the pursuit of an application to quash prohibitions contained in a public spaces protection order (PSPO).’
Local Government Lawyer, 18th June 2019
Source: www.localgovernmentlawyer.co.uk
‘Children recruited to spy on drug dealers, gangs, terrorists and paedophiles have fewer safeguards when handled by investigators than those arrested for minor offences such as shoplifting, the high court has heard.’
The Guardian, 11th June 2019
Source: www.theguardian.com
‘In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit.’
UK Constitutional Law Association, 10th June 2019
Source: ukconstitutionallaw.org
‘A gay rugby player has been given a reprieve from deportation to Kenya after losing his legal battle and being ordered to leave the UK.’
The Independent, 6th June 2019
Source: www.independent.co.uk
‘Two immigration lawyers who clocked up 14 judicial review applications in a single year found to be totally without merit have been fined by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 5th June 2019
Source: www.legalfutures.co.uk
‘Campaigners will head to the High Court on Wednesday for a judicial review into how the government raised the retirement age for women.’
BBC News, 5th June 2019
Source: www.bbc.co.uk
‘Kenson Contractors v Haringey LBC (2019) EWHC 1230 (Admin) was an application made by the Claimant contractor, for an interim injunction against the Council to suspend its decision to award or execute a road-improvement contract to the Interested Party, Marlborough Highways Limited (“MHL”). Kenson came second in the procurement exercise for that contract and MHL came first. Because of the value of the contract (some £630,000 plus VAT) this procurement exercise was well below the threshold for the operation of the otherwise relevant parts of the Public Contracts Regulations 2015. The underlying claim was brought by way of judicial review (“JR”) of the Council’s decision to award the contract to MHL rather than Kenson.’
Local Government Law, 22nd May 2019
Source: local-government-law.11kbw.com
‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’
The Guardian, 15th May 2019
Source: www.theguardian.com
‘It would not be reasonable for an “impecunious” company to withdraw a crowdfunded claim for judicial review if it was denied a costs-capping order (CCO), because its shareholders have sufficient resources to back the case, the High Court has ruled.’
Litigation Futures, 16th May 2019
Source: www.litigationfutures.com
‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’
UK Human Rights Blog, 15th May 2019
Source: ukhumanrightsblog.com
‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’
Local Government Lawyer, 14th May 2019
Source: www.localgovernmentlawyer.co.uk
‘The High Court in Leeds is this week (13-14) hearing a judicial review challenge to Rotherham Metropolitan Borough Council’s decision to close a day care centre for adults with learning disabilities.’
Local Government Lawyer, 14th May 2019
Source: www.localgovernmentlawyer.co.uk
‘The biblical Esau rashly sold his birthright for ‘a mess of pottage’ (a bowl of lentil stew). But in a rather different context, Worcestershire Council could be said to have made a mess of Portage. For Portage (named after a US town in Wisconsin where the concept originally developed) is a pre-school educational support service (from birth to five-years-old) provided through regular home visits from a trained home visitor. However, on 22 August 2016 the council (through councillor Bayliss, cabinet member with responsibility for children and families) decided to close the Portage scheme from 1 October 2018. This prompted judicial review proceedings in R (RD and others) v Worcestershire County Council [2019] EWHC 449 (Admin), judgment in which was given by Nicklin J on 28 February 2019.’
Law Society's Gazette, 13th May 2019
Source: www.lawgazette.co.uk
‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’
Local Government Law, 2nd May
Source: local-government-law.11kbw.com
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