judicial review – Page 45 – Current Awareness

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

Posted May 7th, 2019 in anonymity, appeals, asylum, deportation, detention, disclosure, government departments, human rights, immigration, judicial review, negligence, news, personal injuries, telecommunications by sally

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

But, it’s a long, long while … – Nearly Legal

Posted April 23rd, 2019 in equality, judicial review, local government, news, travellers by sally

‘The Court of Appeal reviewed Hillingdon’s Equality Impact Assessments, both when introducing the policy in 2013, and when amending it in 2016 (this latter being after Mr Gullu had begun his judicial review). On neither occasion was there any consideration of Travellers or refugees (or indeed Non UK nationals).’

Nearly Legal, 22nd April 2019

Source: nearlylegal.co.uk

Hackney defeats High Court challenge to approach on SEN funding and Education and Health Care Plans – Local Government Lawyer

Posted April 15th, 2019 in judicial review, local government, news, special educational needs by michael

‘A High Court judge has rejected claims that Hackney Council’s policies on Special Educational Needs and Disability, including a reduction in its expenditure on SEND, were unlawful.’

Local Government Lawyer, 12th April 2019

Source: www.localgovernmentlawyer.co.uk

Retention of crime reports about alleged teenage ‘sexting’ did not breach Article 8 – UK Police Law Blog

Posted April 12th, 2019 in children, criminal records, data protection, human rights, indecent photographs of children, judicial review, news, police, sexual offences, telecommunications, young offenders by sally

‘In R (CL) v Chief Constable of Greater Manchester & Secretary of State for the Home Department [2018] EWHC 3333 (Admin), the Divisional Court held that the retention by the police of crime reports which related to sexting incidents in which a schoolboy had allegedly been involved did not breach his rights under Article 8 ECHR.’

UK Police Law Blog, 9th April 2019

Source: ukpolicelawblog.com

Ending duties after the HRA – Nearly Legal

Posted April 8th, 2019 in animals, benefits, consent orders, duty of care, homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘This is a settled judicial review, I’ve seen the grounds, interim order and final consent order. It raises a number of issues about the performance of the new Housing Act 1996 Part VII duties as amended by the Homelessness Reduction Act 2017.’

Nearly Legal, 7th April 2019

Source: nearlylegal.co.uk

Home Office limit on support for slavery victims may be unlawful, court rules – The Guardian

Posted March 29th, 2019 in bills, duty of care, forced labour, government departments, judicial review, news, time limits, trafficking in human beings, victims by sally

‘A high court judge has ruled that Home Office policy to cut off all statutory support to people six weeks after they have been formally identified as victims of slavery is potentially unlawful, ordering that assistance must immediately be extended.’

The Guardian, 29th March 2019

Source: www.theguardian.com

Council withdraws decision to close special schools after legal challenge – Local Government Lawyer

Posted March 28th, 2019 in judicial review, local government, news, special educational needs by sally

‘Wiltshire Council has agreed to withdraw its decision to approve the closure of three special schools and a related notice regarding the opening of a new special school, following legal action from a group of families.’

Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Department withdraws ‘myth-busting’ guide to council duties to vulnerable children – Local Government Lawyer

Posted March 28th, 2019 in care homes, charities, children, fostering, judicial review, local government, news by sally

‘The Department for Education has withdrawn a ‘myth-busting’ guide to council duties to vulnerable children and young people after a charity applied for judicial review, it has been reported.’

Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Government backs down over ‘myth-busting’ guide on child protection – The Guardian

Posted March 25th, 2019 in care homes, charities, children, codes of practice, fostering, government departments, judicial review, local government, news, social services by sally

‘The government has withdrawn a controversial document that claims some statutory protections for vulnerable children are “myths”, after a charity launched an application for judicial review, the Guardian has learned.’

The Guardian, 24th March 2019

Source: www.theguardian.com

Shamima Begum family challenge Javid’s citizenship decision – The Guardian

Posted March 21st, 2019 in appeals, citizenship, families, human rights, immigration, Islam, judicial review, news, proportionality, statistics, terrorism by sally

‘The family of Shamima Begum has formally started court challenges against the home secretary, saying Sajid Javid’s decision to strip the teenager of her citizenship is unfair because hundreds of Britons who went to Islamic State territory have been allowed back.’

The Guardian, 20th March 2019

Source: www.theguardian.com

The end of the line for Kennedy v Charity Commission – Panopticon

Posted March 19th, 2019 in appeals, charities, Charity Commission, disclosure, freedom of information, human rights, judicial review, news, Supreme Court by sally

‘The background, as you may recall, is that Mr Kennedy, a Times journalist, was trying to get information out of the Charity Commission in connection with the ‘Mariam Appeal’, a fund set up by George Galloway MP for the purposes of supporting Iraqi children suffering from leukaemia. Mr Kennedy wanted to get hold of the information in connection with an investigation he was conducting into whether monies collected under the name of Mariam’s Appeal had been misused. Mr Kennedy made a FOIA request to the Charity Commission, which had conducted an investigation into Mariam’s Appeal. Mr Kennedy’s request was refused on the basis that the information requested fell within the scope of s. 32 FOIA (absolute exemption concerning court records).’

Panopticon, 18th March 2019

Source: panopticonblog.com

Getting a policy wrong – Housing Act 2004 enforcement in Hull – Nearly Legal

Posted March 15th, 2019 in enforcement, housing, judicial review, landlord & tenant, local government, news, standards by sally

‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’

Nearly Legal, 13th March 2019

Source: nearlylegal.co.uk

Judicial review of Heathrow airport third runway decision begins – The Guardian

Posted March 13th, 2019 in airports, climate change, environmental health, environmental protection, judicial review, local government, news, noise, planning by sally

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

The Guardian, 11th March 2019

Source: www.theguardian.com

Successful Judicial Review of Benefits Payment in the UK – Oxford Human Rights Hub

Posted March 11th, 2019 in benefits, equality, judicial review, news, statutory interpretation by sally

‘R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work.’

Oxford Human Rights Hub, 11th March 2019

Source: ohrh.law.ox.ac.uk

Judicial review is not “politics by another means” – UK Human Rights Blog

Posted March 11th, 2019 in appeals, brexit, judicial review, news, referendums by sally

‘The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act 2017. The applicants sought a declaration that this was unlawful because it was “based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU”.’

UK Human Rights Blog, 9th March 2019

Source: ukhumanrightsblog.com

Gun in Paul Cleeland murder trial ‘did not kill victim’ – BBC News

Posted March 11th, 2019 in appeals, Criminal Cases Review Commission, evidence, forensic science, judicial review, miscarriage of justice, murder, news, weapons by sally

‘A forensic report on a murder in 1972 has proved the gun relied on at trial did not kill the victim, lawyers claim.’

BBC News, 11th March 2019

Source: www.bbc.co.uk

Home Office to amend registration rules for vulnerable EU citizens – The Guardian

Posted March 7th, 2019 in brexit, citizenship, deportation, EC law, government departments, immigration, judicial review, news by sally

‘The Home Office has reached an out-of-court settlement with a charity that had threatened a judicial review over the registration system for EU citizens. The Joint Council for the Welfare of Immigrants (JCWI) agreed to drop its application for a judicial review after Sajid Javid’s department made changes to its guidance to caseworkers in relation to vulnerable citizens.’

The Guardian, 6th March 2019

Source: www.theguardian.com

High Court sets June date for judicial review hearing over SEND funding policy – Local Government Lawyer

Posted March 6th, 2019 in budgets, judicial review, news, special educational needs by sally

‘A High Court judge has granted three families permission to bring a judicial review challenge over the Government’s special education needs (“SEND”) funding policy.’

Local Government Lawyer, March 2019

Source: www.localgovernmentlawyer.co.uk

High Court gives green light to judicial review challenge over guidance on use of children as spies – Local Government Lawyer

Posted March 5th, 2019 in charities, children, intelligence services, international law, investigatory powers, judicial review, news, police, spying by sally

‘The High Court has granted charity Just for Kids Law permission to proceed with its judicial review challenge over the use of children as spies by the police and other investigative agencies.’

Local Government Lawyer, 4th March 2019

Source: www.localgovernmentlawyer.co.uk

Bailiffs move in on Heathrow runway protest camp – The Guardian

Posted February 28th, 2019 in airports, demonstrations, judicial review, news, trespass by sally

‘Move to evict protesters who have squatted site since 2010 comes days before judicial review of third runway plans.’

The Guardian, 27th February 2019

Source: www.theguardian.com

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