Council to consider costs pursuit after judgment issued in libraries dispute – Local Government Lawyer

‘Lincolnshire County Council has said it will consult its lawyers about the recovery of its costs after a High Court judge set out why in July she rejected a legal challenge to the authority’s plans for its libraries services.’

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Local Government Lawyer, 22nd October 2015

Source: www.localgovernmentlawyer.co.uk

Criticism of JR process ‘unfounded’, legal charity claims – Law Society’s Gazette

‘Perceptions that judicial review is an ineffective drain on the public purse and frequently abused by claimants are ‘at best misleading and at worst false’, according to a legal charity’s study of 502 cases.’

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Law Society’s Gazette, 19th October 2015

Source: www.lawgazette.co.uk

Charity Commission and terrorism suspect campaigners Cage in high court – The Guardian

‘The right to fund unpopular causes is at the heart of a key case heard in the high court on Wednesday, in a legal battle that pits controversial campaigners Cage against the charity regulator.’

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The Guardian, 21st October 2015

Source: www.guardian.co.uk

£150m legal bill for troops just doing their duty – Daily Telegraph

Posted October 20th, 2015 in armed forces, bills, costs, human rights, judicial review, law firms, news, time limits, treaties, war by sally

‘Ministers draw up plans to pull out of the European Convention on Human Rights next time the Armed Forces are sent into combat.’

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Daily Telegraph, 17th October 2015

Source: www.telegraph.co.uk

Privacy, Patients and Payments – information sharing in the Court of Appeal – Panopticon

‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’

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Panopticon, 16th October 2015

Source: www.panopticonblog.com

High Court rules bridge is not a sport – BBC News

Posted October 15th, 2015 in appeals, judicial review, news, sport by sally

‘Bridge players who wanted the card game recognised as a sport have lost their High Court battle.’

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BBC News, 15th October 2015

Source: www.bbc.co.uk

Appealing energy price controls: guidance for beginners from the CMA – Competition Bulletin from Blackstone Chambers

Posted October 12th, 2015 in appeals, competition, consultations, energy, judicial review, news by sally

‘The CMA recently published its final determinations in two appeals brought by British Gas and Northern Powergrid against Ofgem’s electricity price controls for the next 8 years (decisions here and here). The appeals were the first under section 11C of the Electricity Act 1989 and the CMA’s decisions will therefore be the first port of call for any practitioners considering appeals against not only price controls but also any modifications made by Ofgem to electricity distributors’ licences.’

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Competition Bulletin from Blackstone Chambers, 9th October 2015

Source: www.competitionbulletin.com

Regina (Nour) v Secretary of State for Defence – WLR Daily

Regina (Nour) v Secretary of State for Defence [2015] EWHC 2543 (Admin); [2015] WLR (D) 392

‘An assessment made by the Secretary of State for Defence under the Government’s Overseas Security and Justice Assistance Guidance was justiciable and subject to the courts’ power of review, save with regard to the assessment of political or reputational risk involved in such assistance. The court would not interfere with an assessment or its conclusion unless satisfied that they were irrational in the Wednesbury sense and ones that no reasonable decision-maker could have made.’

WLR Daily, 28th September 2015

Source: www.iclr.co.uk

Charging Ahead under the EIR – Panopticon

‘It is difficult to imagine what could possibly have happened yesterday to cause the CJEU’s judgment in Case C-71/14 East Sussex County Council v Information Commissioner (judgment of 6 October 2015) to slip beneath the waves, but for those who spent the day reading, talking and thinking about Safe Harbo(u)rs (presumably something to do with shipping?) East Sussex represents a comforting return to normality, if not mundanity, where the CJEU is asked straightforward questions and it doesn’t quite answer them.’

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Panopticon, 7th October 2015

Source: www.panopticonblog.com

Limits of judicial review in international relations underlined – UK Human Rights Blog

Posted October 5th, 2015 in human rights, international relations, judicial review, news, Sudan by sally

‘How far are the courts willing to go to intervene in matters of foreign affairs in order to protect human rights? Spoiler: they’re not.’

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UK Human Rights Blog, 2nd October 2015

Source: www.ukhumanrightsblog.com

Listen very carefully, I shall do this only once – Nearly Legal

‘The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the offer of interim accommodation that was the subject of this judicial review.’

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Nearly Legal, 27th September 2015

Source: www.nearlylegal.co.uk

Key ruling on charging for property search information out in early October – Local Government Lawyer

‘The Court of Justice of the European Union will in the next fortnight hand down a crucial ruling on local authorities’ ability to charge for access to property search information, it has been reported.’

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Local Government Lawyer, 23rd September 2015

Source: www.localgovernmentlawyer.co.uk

Sexual harassment and universities’ legal obligations – the government’s new taskforce – Education Law Blog

‘Many of you will have heard about the government’s recent decision to set up a taskforce to tackle violence against women on campus. (See the government press release here.) This move is timeous or long overdue (depending on your viewpoint) in the light of the accumulating momentum of campaigns by various individuals and organisations to highlight the high incidence of sexual violence/harassment on campus.’

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Education Law Blog, 23rd September 2015

Source: www.education11kbw.com

High court to decide if bridge is a sport – The Guardian

Posted September 22nd, 2015 in judicial review, news, sport by sally

‘A high court judge has been asked to decide whether bridge is a sport after it was refused recognition by Sport England.’

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The Guardian, 22nd September 2015

Source: www.guardian.co.uk

R (Derry) v Revenue and Customs Comrs – WLR Daily

Posted September 16th, 2015 in HM Revenue & Customs, income tax, judicial review, law reports, taxation, tribunals by sally

R (Derry) v Revenue and Customs Comrs: [2015] UKUT 0416 (TCC); [2015] WLR (D) 379

‘Sections 132 and 133 of the Income Tax Act 2007 were consistent with paragraph 2 of Schedule 1B to the Taxes Management Act 1970 and the two sets of provisions could operate in conjunction.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

High Court refers immigration solicitors to SRA after five “hopeless” judicial reviews – Legal Futures

Posted September 11th, 2015 in abuse of process, immigration, judicial review, law firms, news by sally

‘The High Court has referred an immigration practice to the Solicitors Regulatory Authority after reviewing five “hopeless” judicial reviews, each of which had already been deemed to be an abuse of process.’

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Legal Futures, 11th September 2015

Source: www.legalfutures.co.uk

Judge upholds challenge over town green and local authority land – Local Government Lawyer

Posted September 4th, 2015 in commons, judicial review, land registration, news by sally

‘A High Court judge has recently upheld a judicial review challenge by a campaigner over an inspector’s refusal of an application to register land in Exeter as a town green, it has been reported.’

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Local Government Lawyer, 4th September 2015

Source: www.localgovernmentlawyer.co.uk

Sir Brian Leveson admonishes immigration solicitors – Free Movements

‘The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin). The cases are often referred to as Hamid cases, after the first such case, Hamid [2012] EWCA 3070 (Admin).’
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Free Movement, 2nd September 2015

Source: www.freemovement.org.uk

An Introduction to Judicial Review – Littleton Chambers

Posted August 28th, 2015 in judicial review, news by sally

‘Carol Davis and Eleena Misra look at Judicial Review: what it is, when it is available, the grounds for applying for judicial review and how to apply. ‘

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Littleton Chambers, 3rd August 2015

Source: www.littletonchambers.com

Chilcot inquiry: families back legal action to speed release of Iraq inquiry – The Guardian

Posted August 28th, 2015 in armed forces, delay, inquiries, Iraq, judicial review, news, reports by sally

‘Lawyers for families who lost relatives in the Iraq war are pushing ahead with legal action aimed at forcing the chair of the inquiry, Sir John Chilcot, to set a timetable for publication of his long-delayed report. The issue could be in court within weeks.’

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The Guardian, 27th August 2015

Source: www.guardian.co.uk