‘A High Court judge has decided not to extend the suspension of an order quashing a deal brokered between the Home Secretary and Kent County Council that capped the number of unaccompanied asylum-seeking children (UAS children) the council had to accommodate.’
Local Government Lawyer, 6th September 2023
Source: www.localgovernmentlawyer.co.uk
‘This was a judicial review of Haringey’s refusal to award Mr Islam Band A priority on its housing register, rather than Band B.’
Nearly Legal, 28th August 2023
Source: nearlylegal.co.uk
‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’
Legal Futures, 24th August 2023
Source: www.legalfutures.co.uk
‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’
Essex CAJI, 16th August 2023
Source: essexcaji.org
‘Colin Ricciardiello and Jonathan Blunden analyse the latest ruling on the duty of candour in judicial review proceedings.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal recently considered the approach to be taken to a claim for judicial review of a decision that SB was clearly and obviously an adult. Catherine Rowlands examines the judgment.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
‘Climate campaigners are taking legal action to try and force the closure of the UK’s largest opencast coalmine.’
BBC News, 10th August 2023
Source: www.bbc.co.uk
‘Colin Ricciardello and Jonathan Blunden analyse the increasing number of challenges to councils’ use of s123 of the Local Government Act 1972 (the “1972 Act”).’
Local Government Lawyer, 4th August 2023
Source: www.localgovernmentlawyer.co.uk
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’
OUT-LAW, 1st August 2023
Source: www.pinsentmasons.com
‘In a decision that may come as little surprise to those working in the fields of inquiries and public law, the Divisional Court consisting of Dingemans LJ and Garnham J dismissed the Cabinet Office’s application for judicial review of a notice issued by Baroness Hallett, the Chair of the UK Covid-19 Inquiry (“the Inquiry”) requesting the production of WhatsApp messages.’
UK Human Rights Blog, 26th July 2023
Source: ukhumanrightsblog.com
‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’
Law Society's Gazette, 24th July 2023
Source: www.lawgazette.co.uk
‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’
Inquests and Inquiries Law Blog, 18th July 2023
Source: inquestsandinquirieslawblog.com
‘The courts in the UK should not be drawn into considering policy when examining if climate decision-making has been lawful, a High Court judge has said.’
OUT-LAW.com, 19th July 2023
Source: www.pinsentmasons.com
‘Fossil fuel prospectors have cleared another hurdle on their path to drill for oil and gas near an area of outstanding natural beauty (AONB) in the Surrey Hills after campaigners lost a judicial review of the plan.’
The Guardian, 20th July 2023
Source: www.theguardian.com
‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’
BBC News, 14th July 2023
Source: www.bbc.co.uk
‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’
OUT-LAW.com, 6th July 2023
Source: www.pinsentmasons.com
‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’
The Guardian, 6th July 2023
Source: www.theguardian.com
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