judicial review – Page 50 – Current Awareness

Ambit of Code of Conduct – Local Government Law

Posted May 24th, 2018 in bullying, harassment, judicial review, local government, news, ultra vires by sally

‘The main issue in R (Harvey) v Ledbury Town Council (2018) EWHC 1151 (Admin) was an issue as to jurisdiction, namely a dispute between the parties as to whether it was open to the Council to proceed against a member outside its Code of Conduct under the Localism Act 2011 (“the 2011 Act”). Cockerill J held that the Council by doing so acted ultra vires. It was contrary to the intention of Parliament as expressed in the 2011 Act to run a process in tandem with or as an alternative to the Code of Conduct process envisaged by the 2011 Act.’

Local Government Law, 23rd May 2018

Source: local-government-law.11kbw.com

Leveson 2: government to be taken to court over cancelled inquiry – The Guardian

Posted May 22nd, 2018 in corruption, inquiries, judicial review, media, news by sally

‘Press regulation campaigners have been given the go-ahead to take the government to court over its decision to cancel the second part of the Leveson inquiry into the activities of the media.’

The Guardian, 21st May 2018

Source: www.theguardian.com

Diet pills death: family seek judicial review of suicide verdict – The Guardian

Posted May 11th, 2018 in coroners, inquests, judicial review, news, suicide by sally

‘The family of a 21-year-old woman who died in an exceptionally busy A&E ward after taking diet pills are launching a legal challenge to overturn a coroner’s conclusion that she intended to kill herself.’

The Guardian, 11th May 2018

Source: www.theguardian.com

Judge slams council for failing in duty of candour to the court – Litigation Futures

Posted May 11th, 2018 in children, disclosure, duty of candour, housing, judicial review, local government, news by sally

‘The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty.’

Litigation Futures, 10th May 2018

Source: www.litigationfutures.com

ECHR Articles 9 and 14 – Local Government Law

Posted May 2nd, 2018 in burials and cremation, coroners, delay, equality, human rights, inquests, islamic law, Judaism, judicial review, news, religious discrimination by sally

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

Local Government Law, 1st May 2018

Source: local-government-law.11kbw.com

Court of Appeal confirms limited scope for re-opening permission decisions – OUT-LAW.com

Posted May 2nd, 2018 in appeals, civil procedure rules, judicial review, news, planning by sally

‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’

OUT-LAW.com, 2nd May 2018

Source: www.out-law.com

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

Posted May 2nd, 2018 in burials and cremation, coroners, delay, equality, human rights, inquests, islamic law, Judaism, judicial review, news, religious discrimination by sally

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

NHS England faces first legal challenge to plans for health shake-up – The Guardian

Posted April 24th, 2018 in budgets, health, hospitals, illegality, judicial review, news by sally

‘NHS England faces a legal challenge to its plans to overhaul how the health service operates, which critics say are unlawful and could lead to patients being denied treatment.’

The Guardian, 23rd April 2018

Source: www.theguardian.com

Family mounts legal challenge to Northamptonshire library cuts – The Guardian

Posted April 13th, 2018 in budgets, families, judicial review, libraries, local government, news by sally

‘Northamptonshire county council is facing a series of legal challenges over plans to close 21 libraries, after a young resident applied for a judicial review of a decision campaigners say will have a “devastating impact” on families.’

The Guardian, 12th April 2018

Source: www.theguardian.com

Court blocks £420k legal aid challenge from litigant in person – Law Society’s Gazette

Posted April 6th, 2018 in judicial review, legal aid, litigants in person, news by sally

‘The High Court has turned down a public funding challenge from a litigant in person who believed a government body was acting against him.’

Law Society's Gazette, 5th April 2018

Source: www.lawgazette.co.uk

Worboys’ release quashed – UK Human Rights Blog

Posted April 4th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by sally

‘On 28th March 2018 a three-judge panel of the Divisional Court gave its decision in R (DSD and Ors) v The Parole Board of England and Wales [2018] EWHC 694 (Admin), ruling that the Parole Board’s decision to direct the release of John Worboys (the ‘black cab rapist’) should be quashed.’

UK Human Rights Blog, 13th April 2018

Source: ukhumanrightsblog.com

Worboys release decision overturned as Parole head quits – BBC News

Posted March 28th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by sally

‘A decision by the Parole Board to release the rapist John Worboys has been quashed, as the Board’s chairman Nick Hardwick resigns.’

BBC News, 28th March 2018

Source: www.bbc.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

Posted March 28th, 2018 in burials and cremation, coroners, delay, human rights, islamic law, Judaism, judicial review, news by sally

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Government wins High Court appeal against ruling benefit cap unlawfully discriminates – The Independent

Posted March 16th, 2018 in appeals, benefits, children, housing, human rights, judicial review, news by sally

‘The Government has won a Court of Appeal challenge against a ruling that its controversial benefit cap unlawfully discriminates against lone parents with children under two.
It follows a High Court ruling last year which found that the benefit cap, which limits the income households receive in certain benefits, unlawfully discriminates against single parents with very young children.’

The Independent, 15th March 2018

Source: www.independent.co.uk

Property firm fails in legal action over refusal by council to sell site – Local Government Lawyer

Posted March 14th, 2018 in judicial review, local government, news, planning, sale of land by sally

‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’

Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals by sally

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

Posted March 2nd, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, judicial review, news by sally

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

High Court grants legal challenge against NHS-Home Office deal to hand over patient data to immigration officials – The Independent

Posted March 2nd, 2018 in confidentiality, immigration, judicial review, medical records, news by sally

‘The High Court has granted a legal challenge against a NHS-Home Office deal to hand over patient data to immigration officials. The challenge, put forward by Migrants Rights Net (MRN), a UK charity advocating for the rights of migrants, will now go to a full hearing.’

The Independent, 2nd March 2018

Source: www.independent.co.uk

Resident wins judicial review challenge over decision on siting of radio masts – Local Government Lawyer

Posted February 21st, 2018 in judicial review, news, planning, telecommunications by sally

‘A London borough wrongly interpreted the General Permitted Development Order on the siting of radio masts, the High Court has said. Granting an application for judicial review brought by local resident Nigel Mawbey, Lang J said the London Borough of Lewisham had been wrong when it gave permission to Cornerstone Telecommunications Infrastructure to erect the masts.’

Local Government Lawyer, 20th February 2018

Source: www.localgovernmentlawyer.co.uk

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