‘The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.’
Local Government Lawyer, 24th May 2024
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal recently refused an appeal against a High Court’s decision to dismiss a judicial review of the grant of development consent for Manston Airport. Barristers at Francis Taylor Building analyse the ruling.’
Local Government Lawyer, 24th May 2024
Source: www.localgovernmentlawyer.co.uk
‘The High Court has dismissed a judicial review claim brought by a local resident of Portland, who contended that the area of the seabed above which the Bibby Stockholm barge is moored forms part of the “land” that is subject to planning control under the Town and Country Planning Act (TCPA).’
Local Government Lawyer, 23rd May 2024
Source: www.localgovernmentlawyer.co.uk
‘Paul Newman KC discusses Options UK Personal Pensions LLP v Financial Services Ombudsman Ltd, in which the Court of Appeal dismissed a judicial review claim brought by a SIPP provider challenging a decision by FOS that the provider had breached its duty to carry out proper due diligence in respect of an unsuitable pension investment.’
Pensions Barrister, 23rd May 2024
Source: www.pensionsbarrister.com
‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’
Pensions Barrister, 16th May 2024
Source: www.pensionsbarrister.com
‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
‘In one of the most celebrated passages in legal history, Lord Atkin stated in Liversidge v Anderson [1942] AC 206 that whether in war or in peace, the laws speak in the same voice and that the judges, “stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.” During the COVID-19 pandemic, the country was on a war footing, although the enemy was a virus rather than a foreign state. The country was subject to the most severe restrictions on personal liberty in modern times, with people being confined to their homes, often for lengthy periods; families, partners, and friends separated; and schools, workplaces and places of worship closed. It provides a unique opportunity to examine how the system of judicial review responds to a prolonged crisis. This “stress test” of the judicial review system is revealing, not least by exposing the fact that it was the system rather than the judges, that had greatest impact in terms of revising and improving rules and decisions taken by governments.’
UK Constitutional Law Association, 13th May 2024
Source: ukconstitutionallaw.org
‘A panel has been told to re-examine the case of a woman hanged for the murder of her husband, two months after it rejected a bid for her to be pardoned.’
BBC News, 27th April 2024
Source: www.bbc.co.uk
‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’
Local Government Lawyer, 25th April 2024
Source: www.localgovernmentlawyer.co.uk
‘Commentary on the Safety of Rwanda (Asylum and Immigration) Act (“RA”), which is shortly to receive Royal Assent, has concentrated principally on its deeming of Rwanda as a safe country whilst ousting the supervision of courts. This post considers a separate issue – section 4 of the Act as it applies to victims of slavery (“VOS”). Section 4 provides a carve out from the Act’s deeming provisions where the Home Secretary considers Rwanda is unsafe for an individual “based on compelling evidence relating specifically to their particular individual circumstances”. It also provides courts with a power of review of that question.’
UK Constitutional Law Association, 25th April 2024
Source: ukconstitutionallaw.org
‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’
Garden Court Chambers, 10th April 2024
Source: www.gardencourtchambers.co.uk
‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’
12KBW Personal Injury Law Blog, 10th April 2024
Source: pilawblog.com
‘When can a jury be agreed and, at the same time, hung? This intriguing question is posed (and answered) by R (Yusuff) [2024] EWHC 692.’
25 Bedford Row, 28th March 2024
Source: www.25bedfordrow.com
‘The Ministry of Justice is being threatened with judicial review over the draft legislation that aims to reverse the impact of the Supreme Court’s PACCAR ruling.’
Legal Futures, 19th April 2024
Source: www.legalfutures.co.uk
‘In R (TTT, by her mother and litigation friend UUU) v Michaela Community Schools Trust & Anor [2024] EWHC 842 (Admin), the school’s governing body decided in 2023 to prohibit its pupils from performing prayer rituals on its premises after the Headteacher had banned them as an interim measure. That policy applied to all prayer rituals, regardless of religion, but there was no evidence that pupils of any religion other than Islam wished to perform prayer rituals during the school day. Muslims are required to pray five times a day. The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time”.’
Law & Religion UK, 17th April 2024
Source: lawandreligionuk.com
‘The Duke of Sussex has lost an initial attempt to appeal against a high court decision to back a reduction in his level of personal security when visiting the UK.’
The Guardian, 15th April 2024
Source: www.theguardian.com
‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’
Nearly Legal, 14th April 2024
Source: nearlylegal.co.uk
‘A woman with a heightened sensitivity or hypersensitivity to noise and to smell has lost a judicial review in the High Court after Mr Justice Murray decided there was nothing more the Royal Borough of Kensington & Chelsea (RBKC) could reasonably have done to relieve the situation.’
Local Government Lawyer, 10th April 2024
Source: www.localgovernmentlawyer.co.uk
‘The High Court has rejected a judicial review challenge to an assistant coroner’s decision not to hold an Article 2 inquest examining whether two public bodies had any responsibility for a woman’s death.’
Local Government Lawyer, 11th April 2024
Source: www.localgovernmentlawyer.co.uk
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