Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Court of Appeal rejects challenge over power to close parks for festivals – Local Government Lawyer

‘The Court of Appeal has rejected an attempt to stop London boroughs holding large music festivals in public parks, setting up a potential Supreme Court challenge.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Home Office faces High Court hearing over policy on rough sleeping EEA nationals – Local Government Lawyer

‘The High Court is today [21 November] set to begin hearing a judicial review challenge to the Home Office’s policy towards rough sleeping EEA nationals.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Did Vote Leave commit a crime over its funding? Democracy demands to know – The Guardian

Posted November 22nd, 2017 in judicial review, lobbying, news, referendums by sally

‘The Electoral Commission must urgently and robustly investigate the question of whether or not the ‘will of the people’ was bought.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

UK government sued for third time over deadly air pollution – The Guardian

‘The UK government is being sued for a third time over the widespread illegal levels of air pollution, which cause 40,000 early deaths every year.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

Court refuses to quash decision to issue summons for alleged housing offences – Local Government Lawyer

Posted November 8th, 2017 in Administrative Court, documents, judicial review, local government, mistake, news by sally

‘A minor error on a summons issued by a borough council in relation to alleged Housing Act offences did not invalidate it, the Adinistrative Court has ruled.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Judicial review appeal fails in UK diverted profits tax case – OUT-LAW.com

‘Oil and gas distributing company Glencore Energy’s application for judicial review of the issue of a diverted profits tax (DPT) charging notice by HM Revenue and Customs (HMRC) has been rejected for a second time.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

High Court hears judicial review challenge over £2bn development vehicle – Local Government Lawyer

‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest local authority development vehicle of its kind.’

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Local Government Lawyer, 26th October 2017

Source: www.localgovernmentlawyer.co.uk

Crowdfunded high court challenge against £1bn Tory-DUP deal fails – The Guardian

‘A crowdfunded bid at the high court in London to challenge the government’s controversial parliamentary deal with the Democratic Unionist party has failed.’

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The Guardian, 26th October 2017

Source: www.theguardian.com

Tom Hickman: Public Law’s Disgrace: Part 2 – UK Constitutional Law Association

Posted October 26th, 2017 in costs, employment tribunals, fees, judicial review, news by sally

‘The issue of access to justice, and specifically the cost of litigation as a bar to accessing justice, is rightly becoming a major constitutional issue in the UK.’

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UK Constitutional Law Association, 26th October 2017

Source: ukconstitutionallaw.org

Al-Hijrah School: Gender segregation as direct discrimination and other lessons – Cloisters

Posted October 20th, 2017 in judicial review, news, school children, sex discrimination by sally

‘Rachel Barrett and Siân McKinley consider the recent Court of Appeal judgment on gender segregation, HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School, and the broader implications for discrimination law.’

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Cloisters, 19th October 2017

Source: www.cloisters.com

Two-child limit on benefit claims to be challenged in court – The Guardian

Posted October 18th, 2017 in benefits, children, judicial review, news, tax credits by sally

‘The government is facing a high court challenge to its two-child limit on benefit claims, the basis for the hugely controversial “rape clause” policy, it has emerged.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

News Media Association fails in claim for judicial review of Press Recognition Panel – Transparency Project

Posted October 16th, 2017 in charters, judicial review, media, news, publishing by sally

‘The High Court has rejected NMA’s claim for judicial review of the PRP’s decision to recognise IMPRESS as an independent, charter-compliant press regulator.’

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Transparency Project, 13th October 2017

Source: www.transparencyproject.org.uk

Supreme Court to consider legal standard on adequacy of reasons in planning – Local Government Lawyer

Posted October 2nd, 2017 in judicial review, local government, news, planning, reasons, standards, Supreme Court by sally

‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

Electoral Commission urged to reconsider view on Vote Leave spending – The Guardian

Posted October 2nd, 2017 in elections, judicial review, news, referendums, third parties by sally

‘The Electoral Commission is to be challenged in court to reopen its investigation into £625,000 of spending that eventually reached a digital marketing company during the EU referendum last year.’

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The Guardian, 29th September 2017

Source: www.theguardian.com

Press watchdog’s future in doubt after chief’s anti-Mail tweets – The Guardian

Posted September 29th, 2017 in internet, judicial review, media, news, professional conduct, publishing, reports, standards by sally

‘The future of the only government-approved press watchdog, Impress, is in doubt after an internal report concluded that its chief executive had brought the organisation into disrepute and that his position would be untenable if the Daily Mail and the Sun had applied to join.’

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The Guardian, 28th September 2017

Source: www.theguardian.com

High Court rejects legal challenge to urban extension – Local Government Lawyer

Posted September 22nd, 2017 in EC law, judicial review, local government, news, planning, pollution by sally

‘Two campaigners have failed to win permission from the High Court for judicial review of a planned urban extension to Canterbury on air quality grounds.’

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Local Government Lawyer, 21st September 2017

Source: www.localgovernmentlawyer.co.uk

Aarhus costs cap challenge succeeds – UK Human Rights Blog

‘RSPB, Friends of the Earth & Client Earth v. Secretary of State for Justice [2017] EWHC 2309 (Admin), 15 September 2017, Dove J. In my March 2017 post here, I explained that amendments to the costs rules for public law environmental claims threatened to undo much of the certainty that those rules had achieved since 2013. Between 2013 and February 2017, if you, an individual, had an environmental judicial review, then you could pretty much guarantee that your liability to the other side’s costs would be capped at £5,000 (£10,000 for companies) if you lost, and your recovery of your own costs would be limited to £35,000 if you won. In this way, the rules sought to avoid the cost of such claims becoming prohibitively expensive and thus in breach of Art.9(4) of the Aarhus Convention.’

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UK Human Rights Blog, 16th September 2017

Source: ukhumanrightsblog.com

Leading grammar school ‘unlawfully’ excludes pupils for failing to get top grades – Daily Telegraph

‘A group of sixth form pupils have hired lawyers to take on one of the country’s leading grammar schools for throwing them out when they failed to achieve top grades.’

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Daily Telegraph, 29th August 2017

Source: www.telegraph.co.uk