Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

Full story

UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) – WLR Daily

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) [2015] EWHC 3584 (Admin); [2015] WLR (D) 548

‘The place, manner and form of a protest may be important in determining whether there has been an infringement of a protester’s rights to freedom of expression and assembly, but were not necessarily so.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

Regina (AZ) v Secretary of State for the Home Department – WLR Daily

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

Regina (Sienkiewicz) v South Somerset District Council – WLR Daily

Regina (Sienkiewicz) v South Somerset District Council [2015] EWHC 3704 (Admin); [2015] WLR (D) 553

‘The defendant local planning authority did not have a duty to give reasons for distinguishing other relevant planning decisions which were said to be inconsistent with its present decision to grant planning permission for a development.’

WLR Daily, 17th December 2015

Source: www.iclr.co.uk

Discretion, lip service and s188(3) – Nearly Legal

Posted December 21st, 2015 in homelessness, housing, judicial review, local government, news by sally

‘We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review.’

Full story

Nearly Legal, 19th December 2015

Source: www.nearlylegal.co.uk

Speed Medical to appeal after High Court backs MoJ on MedCo – Litigation Futures

Posted December 11th, 2015 in expert witnesses, judicial review, news, personal injuries, road traffic by sally

‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’

Full story

Litigation Futures, 11th December 2015

Source: www.litigationfutures.com

Court of Appeal highlights ‘real prospect of success’ of accelerated payment notice judicial review – OUT-LAW.com

‘Investors in the Ingenious Media film partnership schemes have been granted the right to appeal the High Court’s dismissal of their challenge to HM Revenue and Customs (HMRC), which had required up-front payment of disputed tax.’

Full story

OUT-LAW.com, 3rd December 2015

Source: www.out-law.com

Upper Tribunal continues to refuse to enforce procedure rules against Home Office – Free Movement

Posted December 4th, 2015 in costs, government departments, immigration, judicial review, news by sally

‘In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend their position but (2) the Home Office can.’

Full story

Free Movement, 2nd December 2015

Source: www.freemovement.org.uk

Regina (HS and others) v South Cheshire Magistrates’ Court and another; Regina (MU and another)North Cheshire Magistrates’ Court; Regina (AM)South Cheshire Magistrates’ Court and another – WLR Daily

Posted December 4th, 2015 in judicial review, law reports, search & seizure, warrants by sally

Regina (HS and others) v South Cheshire Magistrates’ Court and another: Regina (MU and another)North Cheshire Magistrates’ Court: Regina (AM)South Cheshire Magistrates’ Court and another: Regina (HS and others)Crown Court at Manchester and another: [2015] EWHC 3415 (Admin); [2015] WLR (D) 500

‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’

WLR Daily, 30th November 2015

Source: www.iclr.co.uk

Speech by Lord Dyson: Is Judicial Review a Threat to Democracy? – Courts and Tribunals Judiciary

Posted December 3rd, 2015 in civil justice, judicial review, proportionality, speeches by sally

‘Speech by Rt Hon Lord Dyson, Master of the Rolls at The Sultan Azlan Shah Lecture.’

Full speech

Courts and Tribunals Judiciary, 2nd December 2015

Source: www.judiciary.gov.uk

When to call it a day… – Nearly Legal

Posted December 2nd, 2015 in asylum, health, housing, immigration, judicial review, news, pre-action conduct by sally

‘The risks of a client deciding to go it alone at the last stage of judicial review proceedings.’

Full story

Nearly Legal, 30th November 2015

Source: www.nearlylegal.co.uk

Stonehenge druid King Arthur resurrects remains battle – BBC News

Posted December 2nd, 2015 in burials and cremation, interpretation, judicial review, monuments, news by sally

‘A senior druid has vowed to seek a judicial review over a government decision allowing ancient human remains from Stonehenge to be kept in a museum.’

Full story

BBC News, 2nd December 2015

Source: www.bbc.co.uk

Austerity and Public Law: Richard Clayton QC: Accountability, Judicial Scrutiny and Contracting Out – UK Constitutional Law Association

‘Austerity Britain is shrinking the public sector and accelerating the process of contracting out services. However, the legal protections contracting out gives to service users are piecemeal and inadequate, raising very real concerns about how findings of unlawfulness are to be addressed.’

Full story

UK Constitutional Law Association, 30th November 2015

Source: www.ukconstitutionallaw.org

Judicial review pushes back crime contracts to April – Legal Voice

‘The Ministry of Justice announced on Friday that the introduction of duty provider contracts will be pushed back from January to April 1 next year. Only the previous week, the MOJ continued to insist that despite the threat of legal challenges, the new duty provider contracts would come into force from 01 January 2016.’

Full story

Legal Voice, 16th November 2015

Source: www.legalvoice.org.uk

Gamekeeper’s environmental Aarhus claim to shoot buzzards? – UK Human Rights Blog

‘An interesting point arose in this judicial review (for which see Rosalind English’s post here). Could the claimant get the benefit of an order that any costs he might have had to pay were capped at £5,000? The original judge, Thirlwall J, when granting permission, had refused this costs protection. Ouseley J granted it, though, because the claimant won, the order is academic (short of a successful appeal by the defendant). ‘

Full story

UK Human Rights Blog, 14th November 2015

Source: www.ukhumanrightsblog.com

Guidance on appealing Upper Tribunal costs decisions to the Court of Appeal – Free Movement

Posted November 10th, 2015 in appeals, costs, judicial review, law firms, news, tribunals by sally

‘President McCloskey gives guidance on appealing Upper Tribunal costs decisions to the Court of Appeal in the case of R (on the application of Soreefan and Others) v Secretary of State for the Home Department (judicial review – costs – Court of Appeal) [2015] UKUT 594 (IAC).’

Full story

Free Movement, 10th November 2015

Source: www.freemovement.org.uk

Parents sue Government over sidelining of humanism in Religious Studies – Daily Telegraph

‘Three parents have launched a judicial review against the Government’s decision to sidelining humanism in the Religious Studies curriculum.’

Full story

Daily Telegraph, 8th November 2015

Source: www.telegraph.co.uk

Where now for the rule of law? – UK Human Rights Blog

Posted October 30th, 2015 in costs, disclosure, judicial review, news, rule of law by sally

‘The reforms to judicial review proceedings in Part 4 of the Criminal Justice & Courts Act 2015 have been closely analysed in a timely report by JUSTICE, the Public Law Project and the Bingham Centre for the Rule of Law.’

Full story

UK Human Rights Blog, 29th October 2015

Source: www.ukhumanrightsblog.com

Brian May’s request for judicial review into badger cull rejected – BBC News

‘Rock star Brian May’s quest for a judicial review into the legalities of badger culling has failed.’

Full story

BBC News, 26th October 2015

Source: www.bbc.co.uk

Roseacre Wood fracking row: high court gives go-ahead for judicial review – The Guardian

‘Campaigners in one of the UK’s key fracking battlegrounds have been given the green light to bring a judicial review of Lancashire county council’s decision to allow seismic monitoring equipment at proposed drilling sites.’

Full story

The Guardian, 23rd October 2015

Source: www.guardian.co.uk