‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’
UK Constitutional Law Association, 20th March 2015
Source: www.constitutionallaw.org
‘Innocent victims of miscarriages of justice are “languishing in jail” due to delays and faults in the case review system, according to MPs behind a hard-hitting report to be published this week.’
Full story
The Independent, 22nd March 2015
Source: www.independent.co.uk
‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’
Law Society’s Gazette, 19th March 2015
Source: www.lawgazette.co.uk
‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’
Free Movement, 19th March 2015
Source: www.freemovement.org.uk
‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’
WLR Daily, 3rd March 2015
Source: www.iclr.co.uk
‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’
Local Government Lawyer, 13th March 2015
Source: www.localgovernmentlawyer.co.uk
‘In the last few years Austerity Britain has generated a large number of judicial review challenges to public spending cuts, particularly against local authorities. Many cases allege that the public body has consulted unlawfully. The legal principles involved have been firmly established. However, in October 2014 the Supreme Court in R (Moseley) v Haringey LBC [2014] 1 WLR 394 added a new ingredient to the mix, and the courts are still in the process of working out the implications of that decision.’
UK Constitutional Law Association, 16th March 2015
Source: www.ukconstitutionallaw.org
‘Lord Dyson, the Master of the Rolls, has made it clear that he is “personally opposed” to changes in the costs rules for judicial review oral permission hearings.’
Litigation Futures, 11th March 2015
Source: www.litigationfutures.com
‘The number of judicial review applications lodged at the High Court fell from 15,600 to just 4,062 last year – caused mainly, but not entirely by the transfer of immigration and asylum cases to the Upper Tribunal.’
Litigation Futures, 10th March 2015
Source: www.litigationfutures.com
‘The number of civil court judgments leapt by 25% last year as more claims went undefended, official statistics have revealed.’
Law Society’s Gazette, 9th March 2015
Source: www.lawgazette.co.uk
‘His Honour Judge Jarman QC gave a speech “Administrative Court in Wales: Challenges and Opportunities” at Swansea University on 19 November 2014.’
Judiciary of England and Wales, 6th March 2015
Source: www.judiciary.gov.uk
‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’
Local Government Lawyer, 5th March 2015
Source: www.localgovernmentlawyer.co.uk
‘The Government’s introduction through regulations of a “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, the Divisional Court has ruled.’
Local Government Lawyer, 4th March 2015
Source: www.localgovernmentlawyer.co.uk
‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’
Law Society’s Gazette, 3rd March 2015
Source: www.lawgazette.co.uk
The government has “stood up for the rule of law” and should be proud of its record, the Attorney General, Jeremy Wright QC, has argued, in a strongly-worded speech on the last day of the Global Law Summit.
Litigation Futures, 26th February 2015
Source: www.litigationfutures.com
‘The conventional Wednesbury standard of judicial supervision applied to a decision, taken by the Lord Chancellor in the exercise of his discretion under section 2(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which involved changes to the provision of criminal legal aid services by solicitors.’
WLR Daily, 18th February 2015
Source: www.iclr.co.uk
‘Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and even put them into leaflets and their website.’
NearlyLegal, 22nd February 2015
Source: www.nearlylegal.co.uk
R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59
‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’
WLR Daily, 9th February 2015
Source: www.iclr.co.uk
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