Sean Molloy: Elgizouli v Secretary of State for the Home Department: The Missing Rationality Challenge – UK Constitutional Law Association

‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’

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UK Constitutional Law Association, 6th May 2020

Source: ukconstitutionallaw.org

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

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Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

Women launch legal action to stop military courts trying UK rape cases – The Guardian

‘Three women serving in the armed forces have begun legal action aimed at preventing the military courts from trying UK rape cases, complaining that the conviction rate is five to six times lower than in civilian courts.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Errol Graham death: Judicial review move over DWP policy – BBC News

‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

UK government faces legal challenge to lockdown from businessman – The Guardian

‘The government is facing a challenge to the legality of the coronavirus lockdown by a wealthy businessman who fears it will kill more people than it saves.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

New Judgment: R (Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government [2020] UKSC 16 – UKSC Blog

Posted May 1st, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme are permitted to make. The appellants brought a claim for judicial review alleging that two passages in the guidance issued by the Secretary of State pursuant to the Local Government Pension Scheme (Management and Investment of Funds) Regulations in 2016 was unlawful. The first passage concerned states that “the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”. The second passage states that authorities “[s]hould not pursue policies that are contrary to UK foreign policy or UK defence policy”.’

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UKSC Blog, 30th April 2020

Source: ukscblog.com

Campaigners given permission for legal challenge over guidance from council on transgender issues in schools – Local Government Lawyer

‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Jeremy Bamber lawyers seek review of CPS refusal to disclose evidence – The Guardian

Posted April 30th, 2020 in Crown Prosecution Service, disclosure, evidence, judicial review, murder, news by sally

‘Lawyers representing Jeremy Bamber, who is serving a whole life sentence for killing five members of his family in 1985, will ask the high court to review the refusal of the Crown Prosecution Service to disclose evidence they believe could undermine his conviction.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

The Frontline Doctors Challenging The Government’s Handling Of Covid-19 – Each Other

‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’

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Each Other, 28th April 2020

Source: eachother.org.uk

Coronavirus: Lack of sign language interpreters leads to legal case against government – BBC News

‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’

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BBC News, 28th April 2020

Source: www.bbc.co.uk

The Care Act, Article 8 And Local Authority Duties: What Can A Recent Case Tell Us About A Local Authority’s Duty? – Coronavirus: Guidance for Lawyers and Businesses

‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’

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Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020

Source: lawinthetimeofcorona.wordpress.com

It’s not right but it’s OK – Nearly Legal

Posted April 28th, 2020 in appeals, human rights, judicial review, landlord & tenant, news by sally

‘The Court of Appeal have their way with the judicial review of the ‘Right to Rent’ scheme. This was the Secretary of State’s appeal of the remarkable first instance judgment which had found the scheme to be incompatible with Art 14 with Art 8. (For transparency, I acted for the Residential Landlords Association on their intervention in both the High Court and Court of Appeal.)’

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Nearly Legal, 27th April 2020

Source: nearlylegal.co.uk

Sikh Federation UK launches another legal challenge over Census 2021 – Local Government Lawyer

Posted April 27th, 2020 in census, equality, judicial review, news, Sikhism by sally

‘The Sikh Federation UK has brought a second judicial review challenge against the Cabinet Office over government plans for the 2021 Census.’

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Local Government Lawyer, 24th April 2020

Source: www.localgovernmentlawyer.co.uk

If ministers fail to reveal 2016 flu study they ‘will face court’ – The Guardian

‘The government faces being taken to court if it refuses to disclose the findings of an exercise confirming the UK could not cope with a flu pandemic.’

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The Guardian, 26th April 2020

Source: www.theguardian.com

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

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Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

Harry Dunn death: diplomatic immunity for Anne Sacoolas ‘illogical’ – The Guardian

‘Britain agreed to let Anne Sacoolas, the driver charged with killing 19-year-old motorcyclist Harry Dunn, return to the US on the basis of an “apparently illogical” interpretation of the law on diplomatic immunity, according to the most senior civil servant at the Foreign Office.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Coronavirus and the Proceduralisation of Rights – Oxford Human Rights Hub

‘The House of Lords Constitution Committee recently published its recommendations in relation to the government’s fast-tracked Coronavirus Bill 2020. The House of Lords debates have welcomed the government’s decision not to derogate from the ECHR (in contrast to several other contracting parties). However, in seeking to ensure ECHR-compliance of the proposed scheme, the Committee placed significant emphasis on the availability of judicial review and administrative oversight of the powers contained therein to ensure their legality and constitutional acceptability. In this piece I suggest that, whilst these suggestions are no doubt welcome, the Committee’s focus on procedure rather than on the substantive requirements of human rights is indicative of wider concerning trends in human rights discourse.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

Met to review role of school police officers after legal challenge – The Guardian

‘The Metropolitan police are to review the role of officers in schools after a legal challenge raised concerns that they could have a disproportionately negative effect on pupils from black and minority ethnic groups.’

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The Guardian, 20th April 2020

Source: www.theguardian.com

Coronial causation in a mental health context: case comment by Simon Connolly – Park Square Barristers

‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Government faces legal action over failure to produce guidance on prioritisation of NHS treatment if demand outstrips supply – Local Government Lawyer

‘Disability campaigners have threatened the Secretary of State for Health & Social Care and NHS England with a potential judicial review challenge over the failure to publish guidance on how NHS treatment for COVID-19 will be prioritised if demand outstrips supply.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk