‘The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – basic principles) IJR [2015] UKUT 226 (IAC).’
Free Movement, 20th May 2015
Source: www.freemovement.org.uk
‘A charity, which successfully took the last Heathrow expansion scheme to court, says it could do the same again if ministers press ahead with a new runway at either Heathrow or Gatwick.’
BBC News, 18th May 2015
Source: www.bbc.co.uk
‘Anti-vivisection activists have won the right to a legal challenge over the way the Home Office investigated the care of animals at a leading research institution.’
The Independent, 17th May 2015
Source: www.independent.co.uk
‘A former Oxford student has failed in her attempt to overturn the university’s policy on investigating complaints of rape and sexual assault.’
The Guardian, 8th May 2015
Source: www.guardian.co.uk
‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’
Free Movement, 12th May 2015
Source: www.freemovement.org.uk
‘A licensing authority was entitled to levy on a successful applicant for the grant or renewal of a licence a charge enabling the authority to recover the full cost of running and enforcing the licensing scheme.’
WLR Daily, 29th April 2015
Source: www.iclr.co.uk
Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202
‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’
WLR Daily, 1st April 2015
Source: www.iclr.co.uk
‘Out of what some may think to be an everyday spat between the Co-Op (existing supermarket) and an out-of-town supermarket proposer, comes a salutary reminder from Singh J that local authorities cannot behave like private litigants when they are judicially reviewed. Different rules apply.’
UK Human Rights Blog, 7th May 2015
Source: www.ukhumanrightsblog.com
‘On 23 March, Theresa May announced plans for a review of shariah councils in England and Wales, to examine their compatibility with British values, if the Conservatives win the May election. Shariah councils are bodies that issue divorce certificates for Islamic marriages, offer mediation and reconciliation services to couples married under religious law, and produce expert opinion reports on religious matters. An AHRC-funded research project concluded that the shariah council it studied (along with a Beth Din and a Catholic Tribunal) “provide[s] an important service for those Jews, Muslims and Catholics for whom a religious divorce ‘in the sight of God’ is important from both a spiritual and religious legal perspective”. The Home Office, while acknowledging the need for further evidence on the operation of shariah councils, appears concerned about the effect of their decisions on women (who, it suggests, may receive an insufficient financial settlement on a religious divorce) and the fairness of the procedures followed by shariah councils (particularly the possibility that their procedures discount women’s testimonies).’
UK Constitutional Law Association, 1st May 2015
Source: www.ukconstitutionallaw.org
‘A high-profile faith school won a High Court judicial review last month over the Schools Adjudicator’s finding that its admission arrangements for 2014 and 2015 were unlawful.’
Local Government Lawyer, 5th May 2015
Source: www.localgovernmentlawyer.co.uk
Liberties, Customs and the Free Flow of Trade (PDF)
Speech by the Master of the Rolls
4th Annual British Irish Commercial Law Forum, 23rd April 2015
Source: www.judiciary.gov.uk
Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168
‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.
WLR Daily, 17th March 2015
Source: www.iclr.co.uk
‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’
Law Society’s Gazette, 20th April 2015
Source: www.lawgazette.co.uk
‘The Law Society has rowed back from seeking a judicial review of the recent court fee increases, citing counsel’s opinion.’
Litigation Futures, 9th April 2015
Source: www.litigationfutures.com
Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157
‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’
WLR Daily, 31st March 2015
Source: www.iclr.co.uk
‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
‘On Thursday 26th March the Supreme Court concluded, to the delight of The Guardian and the dismay of the Prime Minister, that communications between Prince Charles and government Ministers – the so-called ‘black spider memos’ – should be released. This has been a long saga, involving issues of freedom of information, discussion of constitutional conventions surrounding the behaviour of a Monarch in training, which now also includes the principle of legality and the nature of the relationship between parliamentary sovereignty and the rule of law. Such a cornucopia of delights for constitutional lawyers guarantees that the case has earned its place in the ‘Constitutional law Case list Hall of Fame’, with the promise of further delight as the memos, once released and savoured, cast an insight into the relationship between the Crown and the Government.’
UK Constitutional Law Association, 31st March 2015
Source: www.ukconstitutionallaw.org
‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 31st March 2015
Source: www.localgovernmentlawyer.co.uk
‘The definition of “nursing care by a registered nurse” in section 49 of the Health and Social Care Act 2001 was not a task based definition which restricted “services” to the tasks which only a registered nurse could perform.’
WLR Daily, 11th March 2015
Source: www.iclr.co.uk
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