Abortion “pills by post”: approval of procedure not unlawful – Court of Appeal – UK Human Rights Blog

Posted October 22nd, 2020 in abortion, doctors, judicial review, news by sally

‘The secretary of state had granted a temporary approval during the COVID-19 pandemic of “the home of a pregnant woman” as a class of places for the taking of Mifepristone, one of the two drugs required for a termination of pregnancy during the first 10 weeks. The appellants challenged this decision by way of judicial review, arguing, inter alia, that it was unlawful as being without the powers conferred by the Abortion Act 1967 (as amended).’

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UK Human Rights Blog, 21st October 2020

Source: ukhumanrightsblog.com

What Has Judicial Review Ever Done For Us? – Each Other

‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’

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Each Other, 16th October 2020

Source: eachother.org.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

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The Guardian, 19th October 2020

Source: www.theguardian.com

Court of Appeal dismisses challenge to increase in state pension age – UK Human Rights Blog

‘In Delve and Anor v SSfWP [2020] EWCA Civ 1199, the Court of Appeal dismissed the challenge brought against the series of Pensions Acts between 1995 and 2014 which equalised the state pension age for women with that of men by raising the state pension age for women from 60 to 65 and then raising the age at which both men and women can claim their state pension.’

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UK Human Rights Blog, 9th October 2020

Source: ukhumanrightsblog.com

Law Society urges review to protect six fundamental principles of judicial review – Local Government Lawyer

Posted October 8th, 2020 in constitutional law, judicial review, Law Society, news, rule of law by tracey

‘The Law Society has set out six fundamental principles of judicial review that it says the Independent Review of Administrative Law (IRAL) “must protect”, arguing that judicial review is “a pillar of democracy and a vital check on power”.’

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Local Government Lawyer, 7th October 2020

Source: www.localgovernmentlawyer.co.uk

G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent

Posted October 6th, 2020 in clubs, coronavirus, health & safety, judicial review, news, regulations by tracey

‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Supreme Court President Lord Reed wants more diversity in Supreme Court – BBC News

‘The new Supreme Court president says he hopes a justice from an ethnic minority background will be appointed before his retirement in six years’ time. Lord Reed said the lack of diversity among the 12 Supreme Court justices was a situation “which cannot be allowed to become shameful if it persists”.’

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BBC News, 5th October 2020

Source: www.bbc.co.uk

Theodore Konstadinides, Lee Marsons and Maurice Sunkin: Reviewing Judicial Review: The constitutional importance of the Independent Review of Administrative Law 2020 – UK Constitutional Law Association

Posted September 28th, 2020 in constitutional law, judicial review, news, statute law revision by sally

‘Last year, the Government committed itself to establishing a Commission on the Constitution, Democracy and Rights, which would consider reform of the UK’s constitutional order, including judicial review and the Human Rights Act 1998. Instead, on 30 July 2020, the Government launched an ostensibly narrower Independent Review of Administrative Law (IRAL) to examine the need for reforms of judicial review in particular. This is to be conducted by an advisory panel of experts led by Lord Faulks QC. Any options for reform put forward by the Review will be considered by the Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP and by the Chancellor of the Duchy of Lancaster, Michael Gove MP. Both the report of the Review and the Government’s response will be published by the end of 2020 or shortly thereafter.’

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UK Constitutional Law Association, 24th September 2020

Source: ukconstitutionallaw.org

Law Commission’s consultation on marriage reforms – Law Society’s Gazette

‘When most couples start planning a wedding, they excitedly think about the day itself – what they will wear, who they will invite and of course, where they want to get married.’

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Law Society's Gazette, 24th September 2020

Source: www.lawgazette.co.uk

High Court judge quashes s.17 Children Act assessment made by council – Local Government Lawyer

Posted September 25th, 2020 in children, families, homelessness, housing, judicial review, local government, London, news by sally

‘A judge has strongly criticised a London borough over its handling of the assessment of a family’s accommodation needs.’

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Local Government Lawyer, 24th September 2020

Source: www.localgovernmentlawyer.co.uk

£60k fine and JR ban for immigration solicitor – Legal Futures

‘An immigration solicitor who brought meritless judicial reviews (JRs) has been fined £60,000 and banned for an indefinite period from making further applications.’

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Legal Futures, 17th September 2020

Source: www.legalfutures.co.uk

Homelessness application: Interim relief, suitability and housing benefit – Local Government Lawyer

Posted September 11th, 2020 in benefits, homelessness, housing, judicial review, local government, news by tracey

‘Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.’

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Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

Law Society takes legal action against the Legal Aid Agency – Family Law

Posted September 11th, 2020 in consultations, costs, judicial review, Law Society, legal aid, news by tracey

‘The Law Society has lodged a judicial review against the Legal Aid Agency (LAA) after claiming that they failed to consult properly around a decision to move legal aid cost assessments in-house.’

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Family Law, 8th September 2020

Source: www.familylaw.co.uk

Labour comes out strongly against judicial review reform – Litigation Futures

Posted September 8th, 2020 in judicial review, ministers' powers and duties, news, political parties by sally

‘Government plans to reform judicial review come from the “same authoritarian playbook” as anti-democratic measures taken by the Hungarian and Polish governments, Labour’s legal spokesmen have argued.’

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Litigation Futures, 7th September 2020

Source: www.litigationfutures.com

Campaigners start legal challenge to UK’s $1bn grant to Mozambique gas project – The Guardian

‘Environmentalists at Friends of the Earth will mount a legal challenge against the government’s decision to offer $1bn in financial support to a major fossil fuel project in Mozambique that they say is “incompatible” with the Paris climate agreement.’

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The Guardian, 7th September 2020

Source: www.theguardian.com

Coronavirus: Charity seeks judicial review on care home visit guidance – BBC News

Posted September 3rd, 2020 in care homes, charities, coronavirus, judicial review, news by sally

‘A dementia charity is seeking a judicial review of the government guidance on care home visits.’

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BBC News, 3rd September 2020

Source: www.bbc.co.uk

High Court warning over JRs that “evolve exponentially” – Litigation Futures

Posted September 2nd, 2020 in case management, costs, Crown Prosecution Service, judges, judicial review, news by tracey

‘A High Court judge has criticised public law practitioners for letting judicial reviews “evolve exponentially” so that the claim advanced at the hearing bears “little resemblance” to that for which permission was granted.’

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Litigation Futures, 2nd September 2020

Source: www.litigationfutures.com

Policing Our Privacy – Where Does the Law Lie? – 39 Essex Chambers

‘Last Tuesday the Court of Appeal (Sir Terence Etherton MR, Dame Victoria Sharp PQBD and Singh LJ) allowed the appeal of the civil liberties campaigner, Edward Bridges, against the decision of the Divisional Court which had dismissed his claim for judicial review of South Wales Police Force’s use of live automated facial recognition technology (“AFR”).’

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39 Essex Chambers, 17th August 2020

Source: www.39essex.com

Black organiser of UK anti-racism rally threatened with arrest – The Guardian

‘A black community activist has accused police of discrimination after he was threatened with arrest and prosecution for organising an upcoming anti-racism protest march in London.’

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The Guardian, 25th August 2020

Source: www.theguardian.com

Against the law: why judges are under attack, by the Secret Barrister – The Guardian

‘Branded “enemies of the people” by the media and falsely accused of taking sides in Brexit by Conservative ministers, the judiciary is under threat – as is democracy.’

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The Guardian, 22nd August 2020

Source: www.theguardian.com