‘Junior doctors have a launched a legal challenge to Jeremy Hunt’s decision to impose a new contract, and announced that three fresh strikes will hit the NHS in the spring.’
The Independent, 23rd February 2016
Source: www.independent.co.uk
‘In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC’s refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF). The court dismissed the claimants’ application for judicial review on the basis that their applications were never registered and therefore they had no legitimate expectation to receive full benefit of the LDF, and there had been no abuse of power or error of law by HMRC.’
RPC Tax Take, 18th February 2016
Source: www.rpc.co.uk
‘Over the past few decades, the question of substantive review has provided one of the liveliest debates in public law. However, despite a myriad of contributions from courts and legal commentators, we are still left with little certainty as to its nature, scope, and structure. As we near 70 years since Lord Greene’s landmark decision in Wednesbury, and despite some interesting and innovative recent additions to the debate, a distinct sense of fatigue has begun to set in.’
UK Constitutional Law Association, 17th February 2016
Source: www.ukconstitutionallaw.org
‘Public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, ministers have said in new guidance.’
Local Government Lawyer, 17 February 2016
Source: www.localgovernmentlawyer.co.uk
‘What is the difference between a case that is “totally without merit” and one that is “not arguable”? Are either of those more or less hopeless than a case that is “bound to fail”?’
UK Human Rights Blog, 15th February 2016
Source: www.ukhumanrightsblog.com
‘This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in Birmingham’s handling of homeless applications such that Birmingham:
generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’
Nearly Legal, 14th February 2016
Source: www.nearlylegal.co.uk
‘The Secretary of State for the Home Department had no discretion to refuse citizenship by naturalisation under section 6(1) of the British Nationality Act 1981 in order to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence.’
WLR Daily, 3rd December 2015
Source: www.iclr.co.uk
‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’
The Guardian, 27th January 2016
Source: www.guardian.co.uk
‘Chichester District Council has successfully defended a judicial review challenge to a neighbourhood plan.’
Full story
Local Government Lawyer, 26th January 2016
Source: www.localgovernmentlawyer.co.uk
‘The eligibility of peripatetic workers for automatic enrolment onto workplace pension schemes in Great Britain depends on where the worker is based and not on what is set out in the worker’s contract, the High Court has said.’
OUT-LAW.com, 15th January 2016
Source: www.out-law.com
‘ Human rights lawyers who have brought thousands of war crimes cases against British troops will see their taxpayer-funded legal aid cut, in a new assault on “ambulance chasing” law firms. David Cameron has ordered a crackdown after becoming “very concerned” at the boom in compensation claims and investigations against soldiers over incidents in Iraq and Afghanistan.’
Daily Telegraph, 16th January 2016
Source: www.telegraph.co.uk
‘Nothing in section 18(2) or (2A) of the Animals (Scientific Procedures) Act 1986 required the Secretary of State or someone acting under delegated authority to wait for an inspector’s report before taking any decision against the licence holder.’
WLR Daily, 14th December 2016
Source: www.iclr.co.uk
‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’
UK Human Rights Blog, 6th January 2016
Source: www.ukhumanrightsblog.com
‘The place, manner and form of a protest may be important in determining whether there has been an infringement of a protester’s rights to freedom of expression and assembly, but were not necessarily so.’
WLR Daily, 18th December 2015
Source: www.iclr.co.uk
‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’
WLR Daily, 18th December 2015
Source: www.iclr.co.uk
Regina (Sienkiewicz) v South Somerset District Council [2015] EWHC 3704 (Admin); [2015] WLR (D) 553
‘The defendant local planning authority did not have a duty to give reasons for distinguishing other relevant planning decisions which were said to be inconsistent with its present decision to grant planning permission for a development.’
WLR Daily, 17th December 2015
Source: www.iclr.co.uk
‘We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review.’
Nearly Legal, 19th December 2015
Source: www.nearlylegal.co.uk
‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’
Litigation Futures, 11th December 2015
Source: www.litigationfutures.com
‘Investors in the Ingenious Media film partnership schemes have been granted the right to appeal the High Court’s dismissal of their challenge to HM Revenue and Customs (HMRC), which had required up-front payment of disputed tax.’
OUT-LAW.com, 3rd December 2015
Source: www.out-law.com
‘In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend their position but (2) the Home Office can.’
Free Movement, 2nd December 2015
Source: www.freemovement.org.uk
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