Go away! – Nearly Legal
‘A curious case on the effect of a s.198 Housing Act 1996 referral of a homeless applicant to another Authority.’
Nearly Legal, 21st June 2015
Source: www.nearlylegal.co.uk
Category: judicial review
‘Broader interest of justice’ can trump parties’ duty of candour in judicial review cases, says Privy Council – OUT-LAW.com
‘Courts should not dismiss an application for judicial review solely on the grounds that one party has not complied with its duty to disclose all necessary facts and issues if doing so would not be in the interests of justice, one of the UK’s highest courts has ruled.’
OUT-LAW.com, 19th June 2015
Source: www.out-law.com
Copying material for private use: is it legal? – UK Human Rights Blog
‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin). An exception to copyright infringement for private use has failed to survive a challenge in the High Court. But this may not be the end of the story.’
UK Human Rights Blog, 20th June 0215
Source: www.ukhumanrightsblog.com
Pressure group Cage launches legal action against Charity Commission and accuses it of acting like ‘counter-terrorism police’ – The Independent
‘The British pressure group which claimed the Islamic State executioner known as “Jihadi John” was radicalised by MI5 has launched legal action against the Charity Commission, accusing it of acting like a branch of “counter-terrorism police”.’
The Independent, 4th June 2015
Source: www.independent.co.uk
R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily
‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily
Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225
‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
Indemnity costs in immigration judicial reviews – Free Movement
‘The substantive matter in the case of R (on the application of Kaienga) v Secretary of State for the Home Department IJR [2015] UKUT 272 (IAC) was agreed by way of a consent order; however costs had not been agreed between the parties in advance of the hearing. An application was made by the applicant for costs on an indemnity basis as a result of the Home Office’s conduct. UTJ Kopiecek awarded the applicant their costs, but refused to do so on an indemnity basis reiterating that such an order is not designed for punitive purposes.’
Free Movement, 29th May 2015
Source: www.freemovement.org.uk
Civil procedure: costs recoverability – Law Society’s Gazette
‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’
Law Society’s Gazette, 18th May 2015
Source: www.lawgazette.co.uk
Council defeats second judicial review challenge to nursery education decision – Local Government Lawyer
‘Two mothers have lost a High Court challenge to a council’s decision to stop providing full time nursery education free of charge for three-year-old children.’
Local Government Lawyer, 19th May 2015
Source: www.localgovernmentlawyer.co.uk
Mandatory orders in immigration judicial review applications – Free Movement
‘The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – basic principles) IJR [2015] UKUT 226 (IAC).’
Free Movement, 20th May 2015
Source: www.freemovement.org.uk
Campaigners gear up for legal challenge over UK runways – BBC News
‘A charity, which successfully took the last Heathrow expansion scheme to court, says it could do the same again if ministers press ahead with a new runway at either Heathrow or Gatwick.’
BBC News, 18th May 2015
Source: www.bbc.co.uk
Anti-vivisection activists win right to legal challenge over how Home Office investigated the care of animals at leading research institution – The Independent
‘Anti-vivisection activists have won the right to a legal challenge over the way the Home Office investigated the care of animals at a leading research institution.’
The Independent, 17th May 2015
Source: www.independent.co.uk
Former student fails in legal challenge over Oxford’s handling of rape claims – The Guardian
‘A former Oxford student has failed in her attempt to overturn the university’s policy on investigating complaints of rape and sexual assault.’
The Guardian, 8th May 2015
Source: www.guardian.co.uk
Visit visa refusals: appeal or judicial review? – Free Movement
‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’
Free Movement, 12th May 2015
Source: www.freemovement.org.uk
Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) – WLR Daily
‘A licensing authority was entitled to levy on a successful applicant for the grant or renewal of a licence a charge enabling the authority to recover the full cost of running and enforcing the licensing scheme.’
WLR Daily, 29th April 2015
Source: www.iclr.co.uk
Regina (Gilbert) v Secretary of State for Justice – WLR Daily
Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202
‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’
WLR Daily, 1st April 2015
Source: www.iclr.co.uk
Local authorities and judicial review: they should not put their heads completely in the sands – UK Human Rights Blog
‘Out of what some may think to be an everyday spat between the Co-Op (existing supermarket) and an out-of-town supermarket proposer, comes a salutary reminder from Singh J that local authorities cannot behave like private litigants when they are judicially reviewed. Different rules apply.’
UK Human Rights Blog, 7th May 2015
Source: www.ukhumanrightsblog.com
Farrah Ahmed and Adam Perry: Judicial Review of Shariah Councils – UK Constitutional Law Association
‘On 23 March, Theresa May announced plans for a review of shariah councils in England and Wales, to examine their compatibility with British values, if the Conservatives win the May election. Shariah councils are bodies that issue divorce certificates for Islamic marriages, offer mediation and reconciliation services to couples married under religious law, and produce expert opinion reports on religious matters. An AHRC-funded research project concluded that the shariah council it studied (along with a Beth Din and a Catholic Tribunal) “provide[s] an important service for those Jews, Muslims and Catholics for whom a religious divorce ‘in the sight of God’ is important from both a spiritual and religious legal perspective”. The Home Office, while acknowledging the need for further evidence on the operation of shariah councils, appears concerned about the effect of their decisions on women (who, it suggests, may receive an insufficient financial settlement on a religious divorce) and the fairness of the procedures followed by shariah councils (particularly the possibility that their procedures discount women’s testimonies).’
UK Constitutional Law Association, 1st May 2015
Source: www.ukconstitutionallaw.org
Faith school wins judicial review over adjudicator findings on admissions – Local Government Lawyer
‘A high-profile faith school won a High Court judicial review last month over the Schools Adjudicator’s finding that its admission arrangements for 2014 and 2015 were unlawful.’
Local Government Lawyer, 5th May 2015
Source: www.localgovernmentlawyer.co.uk
