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
‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’
Local Government Lawyer, 13th February 2015
Source: www.localgovernmentlawyer.co.uk
‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’
UK Human Rights Blog, 15th February 2015
Source: www.ukhumanrightsblog.com
‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’
Free Movement, 16th February 2015
Source: www.freemovement.org.uk
‘The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by Pamela Geller and Robert Spencer, the founders ‘Stop Islamization of America’, referred to by the Secretary of State as an anti-Muslim hate group. This contributor was previously unaware of Geller and Spencer’s work, but after 5 minutes on YouTube was in rare agreement with the Secretary of State. They had planned to visit the UK in the aftermath of the murder of Drummer Lee Rigby, to address a rally planned by the English Defence League in Greenwich on Saturday 29 June 2013, armed forces day.’
Full story
Free Movement, 10th February 2015
Source: www.freemovement.org.uk
‘Lord Justice Fulford and Mrs Justice Lang DBE have rejected Rights of Womens much needed challenge against the regulations (regulation 33) on domestic violence. For practitioners who work in the field of domestic violence and for people who care about gender based violence this is a disappointing and somewhat confusing blow.’
The World of Family Law (Garden Court Chambers), 4th February 2015
Source: www.gcfamily.wordpress.com
‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’
Law Society’s Gazette, 2nd February 2015
Source: www.lawgazette.co.uk
‘A High Court judge will this week hear what is being billed as the first judicial review to consider local authorities’ duties to disabled children following reforms brought in under the new Children and Families Act.’
Local Government Lawyer, 29th January 2015
Source: www.localgovernmentlawyer.co.uk
‘The High Court has rejected a challenge to the legality of government changes to legal aid for victims of domestic violence.’
Law Society’s Gazette, 22nd January 2015
Source: www.lawgazette.co.uk
‘Delivering judgment on the lord chancellor’s controversial criminal legal aid reforms by the end of the month will be a ‘pretty tall order’, senior judges have said at the end of a three-day hearing in the High Court.’
Law Society’s Gazette, 20th January 2015
Source: www.lawgazette.co.uk
‘The lord chancellor’s decision to start a tender process for legal aid crime duty contracts is unlawful because it is “irrational”, “disproportionate” and based on a “manifest error”, the Law Society will argue in the High Court.’
Law Society’s Gazette, 15th January 2015
Source: www.lawgazette.co.uk
‘Justice secretary backs down to avoid third Lords defeat over bill which would make it harder to challenge government decisions.’
The Guardian, 13th January 2015
Source: www.guardian.co.uk
‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’
Garden Court Chambers Blog, 6th January 2015
Source: www.gclaw.wordpress.com
‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’
Garden Court Chambers, Blog, 6th January 2015
Source: www.gclaw.wordpress.com
‘This was a judicial review of LB Enfield’s plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements.’
NearlyLegal, 3rd January 2014
Source: www.nearlylegal.co.uk
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