Chris Packham to seek permission to appeal dismissal of HS2 challenge – Local Government Lawyer

‘Broadcaster Chris Packham is to seek permission to appeal a Divisional Court ruling that dismissed his review challenge over the Transport Secretary’s decision to continue with the HS2 rail project.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub

‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’

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Oxford Human Rights Hub, 13th April 2020

Source: ohrh.law.ox.ac.uk

High Court overturns decision not to prosecute rape allegation – UK Human Rights Blog

‘The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions (“DPP”), and for those representations to be considered, when conducting a review under the Victims’ Right to Review Scheme (“the VRR Scheme”).’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners win judicial review challenge over major scheme but judge declines to grant relief – Local Government Lawyer

Posted April 14th, 2020 in judicial review, local government, news, planning by sally

‘A campaign group opposed to a large development in Dorset has partially won its case at judicial review but been granted no relief.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer

‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’

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Local Government Lawyer, 8th April 2020

Source: www.localgovernmentlawyer.co.uk

Divisional Court rejects Tesco judicial review challenge over criminal offences and food offered for sale after ‘use by’ date – Local Government Lawyer

‘Supermarket giant Tesco has lost a judicial review challenge over whether it was a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled “use by” date.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Bayer v NHS Darlington Appeal – NIPC Law

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

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NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Council launches judicial review over government decision not to renew city-wide landlord licensing scheme – Local Government

‘Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.’

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Local Government Lawyer, 6th April 2020

Source: www.localgovernmentlawyer.co.uk

Home Secretary may not detain on basis of invalid deportation decision – UK Human Rights Blog

‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

HS2 wood clearance to go ahead as Chris Packham legal bid fails – The Guardian

Posted April 6th, 2020 in environmental protection, injunctions, judicial review, news, railways by sally

‘The clearing of ancient woods for HS2 is to proceed this month after the high court refused an emergency injunction and judicial review of the government’s decision to proceed with the high-speed railway.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Infrastructure and the Environment – some learning from Heathrow – No. 5 Chambers

‘At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus. The Government advises against all international travel. In the minds of many, and in particular the media, R (oao) Planet B Earth v Secretary of State for Transport [2020] EWCA Civ 214, is a case about climate change and, of course, it is. But it is also a case which yields learning in a host of other areas. This short piece highlights one of them. It is this question: in a technical or scientific case, how closely will the court mark the parties’ homework? Is it ‘tick and flick’ or PhD viva? As always, lawyers have coined their own term – ‘intrusiveness of review’.’

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No. 5 Chambers, 19th March 2020

Source: www.no5.com

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Hot Air – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, costs, judicial review, news by sally

‘In his latest Costs article, Andrew Hogan discussed Costs in relation to Judicial review.’

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Rope Walk Chambers, 31st March 2020

Source: www.ropewalk.co.uk

Met to face judicial review over role of school police officers – The Guardian

‘A London family has launched legal action over the role of police officers in schools, amid concerns that their presence could have disproportionately negative consequences for black and minority ethnic groups.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Chris Packham begins legal case to halt HS2 amid coronavirus crisis – The Guardian

‘Chris Packham is seeking an urgent injunction to immediately halt HS2’s destruction of ancient woodlands as campaigners criticise construction teams for allegedly ignoring the government’s physical distancing rules for coronavirus and endangering local people.’

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The Guardian, 27th March 2020

Source: www.theguardian.com

Quarterly Medical Law Review – One Crown Office Row

Posted March 25th, 2020 in chambers articles, health, immigration, judicial review, negligence, news by sally

‘This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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One Crown Office Row, 17th March 2020

Source: www.1cor.com

UK broke law over IS ‘Beatles’ by passing information to US – BBC News

‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Kensington Forum Judicial Review Succeeds: High Court Quashes Permission for Tallest Building in Kensington after Mayor Forced to Admit the Decision was Taken for an Improper Purpose – Francis Taylor Building

Posted March 24th, 2020 in appeals, judicial review, local government, London, news, planning by sally

‘On 21 June 2019, the Mayor of London granted planning permission for a significant and controversial development, on land at the Kensington Forum Hotel, 97-109 Cromwell Road, London, SW7 4DN. The scheme, designed by Simpson Haugh, included a 30 storey tower, which would have been the tallest in Kensington, and provided a 749 bed hotel and 402 residential units in South Kensington. However, following a judicial review brought by the Royal Borough of Kensington and Chelsea, the High Court has quashed the planning permission, after the Mayor of London conceded that the decision to grant the permission was motivated by an improper purpose; namely frustrating the Secretary of State for Housing Communities and Local Government.’

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Francis Taylor Building, 16th March 2020

Source: www.ftbchambers.co.uk

Court of Appeal upholds no order for costs decision in housing case where claimant withdrew proceedings after being given new accommodation – Local Government Lawyer

Posted March 17th, 2020 in causation, costs, housing, judicial review, news by sally

‘A judge was entitled to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.’

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Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk