“We’re all in this together”, says incoming Bar Council Chairman in Inaugural Address – The Bar Council

Posted December 10th, 2014 in barristers, budgets, fees, judicial review, legal aid, news by sally

‘Incoming Chairman of the Bar Council, Alistair MacDonald QC, has pledged he will “continue the excellent work” started by predecessors Maura McGowan QC and outgoing Chairman, Nicholas Lavender QC, in preventing further cuts to legal aid, in order to defend a “proud and independent profession”.’

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The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

Couple launch challenge to heterosexual ban on Civil Partnerships – UK Human Rights Blog

‘The future of civil partnerships is again in the news. In October, Rebecca Steinfeld and Charles Keidan tried to register a Civil Partnership at Chelsea Town Hall but were rebuffed on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. Their lawyer, Louise Whitfield of Deighton Pierce Glynn Solicitors has announced their intention to seek a judicial review and the couple have also started a petition.’

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UK Human Rights Blog, 9th December 2014

Source: www.ukhumanrightsblog.com

Merseyside dangerous dog raids: Police acted ‘unlawfully’ – BBC News

Posted December 10th, 2014 in compensation, dogs, judicial review, news, police by sally

‘A police crackdown that saw 22 dangerous dogs rounded up and destroyed across Merseyside was “unlawful”, a court has ruled.’

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BBC News, 9th December 2014

Source: www.bbc.co.uk

Peers continue JR resistance as Grayling admits misinforming MPs about changes – Litigation Futures

Posted December 10th, 2014 in bills, costs, judicial review, judiciary, news, parliament by sally

‘The House of Lords yesterday reinstated two of the three amendments it previously passed on the government’s judicial review reforms as it emerged that Lord Chancellor Chris Grayling had given MPs incorrect information over a key aspect of them last week.’

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Litigation Futures, 10th December 2014

Source: www.litigationfutures.com

Judicial Review: Common sense and the separation of powers – The Bar Council

Posted December 9th, 2014 in barristers, judicial review, news by sally

‘Just one day before the Lords vote on Government attempts to restrict judicial review, Bar Council Chairman Nicholas Lavender explains why the Lord Chancellor cannot be the judge in his own case.’

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The Bar Council, 8th December 2014

Source: www.barcouncil.org.uk

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London – WLR Daily

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London [2014] EWHC 3868 (Admin); [2014] WLR (D) 517

‘The purpose of the Reservoirs Act 1975 was not to mitigate the effect of water escape from large raised reservoirs but rather to prevent such escape and to avert the potential danger to persons and property from an escape.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

Probation contracts awarded to private organisations – BBC News

‘Private contracts to run probation services monitoring low and medium risk offenders have been awarded by Justice Secretary Chris Grayling.’

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BBC News, 5th December 2014

Source: www.bbc.co.uk

Mother loses action over decision by ombudsman not to investigate records loss – Local Government Lawyer

Posted December 5th, 2014 in hospitals, judicial review, medical records, news, ombudsmen by sally

‘The mother of a woman who died as an inpatient at a London hospital has lost a High Court challenge against the Parliamentary and Health Services Ombudsman (PHSO) over its refusal to investigate the loss of her daughter’s medical records.’

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Local Government Lawyer, 4th December 2014

Source: www.localgovernmentlawyer.co.uk

Couple launch legal challenge against ban on heterosexual civil partnerships – The Guardian

‘Rebecca Steinfeld and Charles Keidan launch judicial review after trying to hold ceremony at town hall and being turned away.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog

‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’

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UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

Music bodies launch legal challenge against new UK private copying rules – OUT-LAW.com

Posted November 28th, 2014 in artistic works, compensation, copyright, EC law, judicial review, licensing, news by sally

‘A number of UK music industry bodies have launched a legal challenge against newly introduced UK rules that enable consumers to make private copies of lawfully acquired copyrighted material without be held as copyright infringers.’

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OUT-LAW.com, 27th November 2014

Source: www.out-law.com

Legal aid contracts for on-call criminal solicitors to be slashed by two-thirds – The Guardian

‘On-call, duty contracts for criminal solicitors to attend police stations and courts will be slashed from 1,600 to 527 in England and Wales, the Ministry of Justice has confirmed.’

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The Guardian, 27th November 2014

Source: www.guardian.co.uk

Challenging an error of fact – Hardwicke Chambers

Posted November 27th, 2014 in immigration, judicial review, mistake, news by sally

‘Lurking in the background of many judicial review claims is a complaint that a decision maker has made an error of fact.’

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Hardwicke Chambers, 24th November 2014

Source: www.hardwicke.co.uk

High Court judge rejects challenge to 400-home planning consent, despite planning officer’s mistaken advice – OUT-LAW.com

Posted November 27th, 2014 in judicial review, local government, news, planning, reports by sally

‘A High Court judge has refused to quash a decision to grant planning consent for 400 homes within the Surrey countryside, after deciding that a council was not misled by a planning officer’s mistaken advice.’

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OUT-LAW.com, 26th November 2014

Source: www.out-law.com

Judges dismiss legal challenge to EU arrest warrant – BBC News

Posted November 17th, 2014 in EC law, extradition, judicial review, news, warrants by sally

‘A legal challenge to try to prevent the UK continuing to comply with the European Arrest Warrant has failed.’

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BBC News, 14th November 2014

Source: www.bbc.co.uk

JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures

‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’

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Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

Regina (Kerman & Co LLP) v Legal Ombudsman – WLR Daily

Posted November 14th, 2014 in complaints, judicial review, jurisdiction, law reports, ombudsmen, solicitors by tracey

Regina (Kerman & Co LLP) v Legal OmbudsmanL: [2014] EWHC 3726 (Admin); [2014] WLR (D) 481

‘The reference to a “person” against whom a complaint had been made “ceasing to exist” in section 132(2) of the Legal Services Act 2007 and rule 2.10 of the Legal Ombudsman Scheme Rules 2013 made thereunder was a reference to the cessation of the firm or legal entity and/or, if different, the “authorised person” subject to the regulatory regime. It was not to be read as a narrow reference to an individual human being ceasing to exist.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

Bloody Sunday investigation faces judicial review – BBC News

Posted November 11th, 2014 in demonstrations, homicide, inquiries, judicial review, murder, news, Northern Ireland, police by michael

‘The decision to scale back the police investigation into the deaths of marchers killed by soldiers in Londonderry in 1972 will be challenged in court by victims’ relatives.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

Wind turbines, noise and public information – UK Human Rights Blog

Posted November 10th, 2014 in consultations, delay, judicial review, local government, news, noise, planning by sally

‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’

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UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by tracey

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

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NearlyLegal, 6th November 2014

Source: www.nearlylegal.co.uk/blog/