Category: judicial review

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog

Posted July 3rd, 2023 in appeals, asylum, equality, foreign jurisdictions, government departments, immigration, judicial review, news, refugees, Supreme Court by tracey

‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’

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UKSC Blog, 28th June 2023

Source: ukscblog.com

UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian

Posted June 30th, 2023 in coronavirus, documents, evidence, government departments, inquiries, judicial review, news, telecommunications by tracey

‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’

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The Guardian, 30th June 2023

Source: www.theguardian.com

Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News

Posted June 30th, 2023 in judicial review, local government, news, parks, planning, sewerage, Wales, waste, water by tracey

‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’

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BBC News, 29th June 2023

Source: www.bbc.co.uk

Society secures JR permission over criminal legal aid fees – Law Society’s Gazette

Posted June 23rd, 2023 in budgets, criminal justice, fees, judicial review, Law Society, legal aid, Ministry of Justice, news, sentencing by tracey

‘The Law Society has been granted permission to take the government to court over its decision not to raise criminal legal aid fees by the minimum 15% recommended by the Bellamy review.’

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Law Society's Gazette, 22nd June 2023

Source: www.lawgazette.co.uk

Tim Sayer: The Passive Virtues and the Abuse of Delegated Legislation: Courts, the Political Constitution and the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

Posted June 21st, 2023 in constitutional law, judicial review, news by tracey

‘In 1961 Alexander Bickel argued that the US Supreme Court should adopt what he called the “passive virtues” – minimising engagement with hard constitutional questions so as to keep its powder dry for the most essential issues. One such question that appears headed for the UK courts is the Home Secretary’s decision to use delegated powers in the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) to introduce the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (“the Regulations”) conferring additional powers on the police to impose restrictions on protests and processions. Notwithstanding existing concerns around the use of delegated legislation to introduce substantive and controversial policy, the unusual and serious constitutional issue here is that the Regulations make changes to the law specifically rejected by Parliament during debates on the 2022 Act.’

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UK Constitutional Law Association, 19th June 2023

Source: ukconstitutionallaw.org

Liberty launches judicial review challenge arguing protest law is “unjustified interference” with Parliamentary sovereignty – Local Government Lawyer

Posted June 20th, 2023 in demonstrations, government departments, judicial review, news, parliament, public order, regulations by sally

‘The National Council for Civil Liberties, also known as Liberty, is threatening a judicial review of the Home Secretary’s efforts to widen the circumstances in which the police can impose conditions on people organising or taking part in protests.’

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Local Government Lawyer, 19th June 2023

Source: www.localgovernmentlawyer.co.uk

Planning enforcement and equalities duties – Local Government Lawyer

Posted June 16th, 2023 in children, enforcement, equality, families, housing, human rights, judicial review, local government, news, planning by tracey

‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

Homeless single mother wins High Court battle against London borough – Local Government Lawyer

Posted June 16th, 2023 in asylum, children, families, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal: Postponing biometrics and entry clearance – EIN Blog

Posted June 16th, 2023 in Afghanistan, asylum, families, fingerprints, human rights, immigration, judicial review, news by tracey

‘R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023). The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric discretion policy that places significant weight to the public interest and proper legitimate aims which justify biometrics and that only exceptional in the sense of very compelling cases can outweigh that interest. Further, it is incompatible with article 8 of the ECHR for the policy Family Reunion: for refugees and those with humanitarian protection policy version 5 (31 December 2020), to direct decision-makers that only applicants with extraordinary, and therefore rare, unique or unusual circumstances, can succeed.’

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EIN Blog, 15th June 2023

Source: www.ein.org.uk

Think of other ways to meet the duty – Nearly Legal

Posted June 8th, 2023 in children, disabled persons, housing, judicial review, local government, news, statutory duty by tracey

‘Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow’s failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and while we await the Supreme Court decision in Imam v LB Croydon on mandatory orders in such cases.’

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Nearly Legal, 4th June 2023

Source: nearlylegal.co.uk

Sex education: Protesters lose bid to appeal High Court judgment – BBC News

Posted June 8th, 2023 in appeals, education, human rights, judicial review, news, school children, Wales by tracey

‘Campaigners against the Welsh government’s sex education curriculum have lost their bid to appeal against a High Court judgment.’

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BBC News, 7th June 2023

Source: www.bbc.co.uk

High Court rejects claim over decision of adjudicator and fairness of school admissions arrangements – Local Government Lawyer

Posted June 7th, 2023 in dispute resolution, judicial review, local government, news, school admissions, school children by sally

‘The High Court has rejected a claim which questioned what matters an adjudicator may and must take into account in determining whether a school’s admission arrangements are “fair”.’

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Local Government Lawyer, 5th June 2023

Source: www.localgovernmentlawyer.co.uk

Fresh judicial review challenge on horizon over Home Office asylum accommodation site – Local Government Lawyer

Posted June 5th, 2023 in asylum, consultations, government departments, housing, immigration, judicial review, local government, news by sally

‘The Home Office could be subject to a fresh judicial review over its plans to house asylum seekers on former military sites across the country after an East Sussex resident reached a crowdfunding goal to challenge plans to move people into a disused prison.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Ministers face legal challenge over cuts to walking and cycling investment in England – The Guardian

Posted June 5th, 2023 in bicycles, budgets, climate change, environmental health, environmental protection, government departments, health, judicial review, news, pollution, transport by sally

‘The government faces a legal challenge to its decision to cut investment in walking and cycling in England, over claims that the move bypassed legal processes and risks scuppering commitments over the climate emergency and air pollution.’

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The Guardian, 5th June 2023

Source: www.theguardian.com

Supreme Court refuses to hear claim that council should have conducted Habitat Regulations Assessment before green-lighting farm expansion – Local Government Lawyer

Posted June 2nd, 2023 in appeals, environmental health, environmental protection, judicial review, local government, news, planning, Supreme Court by sally

‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Judicial review proceedings issued against NHS trust over lack of consultation on mental health services redesign – Local Government Lawyer

Posted June 2nd, 2023 in consultations, equality, hospitals, judicial review, local government, mental health, news by sally

‘The Greater Manchester Mental Health NHS Foundation Trust is facing a judicial review challenge from a claimant who alleges the trust failed to involve or consult service users on plans to redesign its community mental health services.’

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Local Government Lawyer, 1st June 2023

Source: www.localgovernmentlawyer.co.uk

Judicial review challenge settled in “sleeping councillor” planning case – Local Government Lawyer

Posted May 31st, 2023 in judicial review, local government, news, planning, professional conduct by sally

‘Welwyn Hatfield Borough Council has settled a judicial review challenge over a decision which saw the council’s planning committee rescind a planning refusal because the applicant claimed a councillor appeared to be asleep during the meeting.’

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Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

High Court gives green light to further grounds for challenge in ULEZ expansion judicial review – Local Government Lawyer

Posted May 31st, 2023 in appeals, consultations, health, judicial review, local government, London, news, pollution, roads by sally

‘The High Court has allowed further grounds in the judicial review claim lodged by a coalition of London councils in opposition to the proposed expansion of the Ultra Low Emission Zone (ULEZ).’

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Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

The power to withdraw under scrutiny in the Court of Appeal – Local Government Lawyer

Posted May 26th, 2023 in appeals, judicial review, local government, maladministration, news, ombudsmen, planning by tracey

‘In a judgment handed down on 10 May 2023, the Court of Appeal held that the Local Government and Social Care Ombudsman did not have a power to withdraw a report issued on completion of his investigation. Amy Tschobotko and Jason Tandy consider below the implications of the judgment for public bodies when discharging their functions, including when carrying out reviews and responding to legal challenges.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association

Posted May 24th, 2023 in asylum, bills, constitutional law, deportation, devolution, human rights, immigration, judicial review, news, rule of law by sally

‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’

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UK Constitutional Law Association, 23rd May 2023

Source: ukconstitutionallaw.org