‘Mr Justice Collins has handed down judgment in the latest case borne out of government cuts. The judgment provides useful learning to local authorities in particular on how to comply with new duties in relation to expressions of interest under the Localism Act 2011, writes Leon Glenister.’
Hardwicke Chambers, 5th August 2014
Source: www.hardwicke.co.uk
‘Desmond Rutledge considers the use of judicial review as a remedy of last resort in welfare benefits cases where the claimant is in financial crisis.’
Halsbury’s Law Exchange, 6th August 2014
Source: www.halsburyslawexchange.co.uk
Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361
‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357
‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’
WLR Daily, 31st August 2014
Source: www.iclr.co.uk
‘As the House of Lords closes its gilded doors for the long recess, the Westminster village enters its equivalent of the school holidays. Yet, as Ministers pack their red boxes and MPs head diligently back to their constituency business, the House of Lords – debating the Committee Stage of controversial judicial review proposals in Part 4 of the Criminal Justice and Courts Bill – may have suggested that officials and Ministers yet have some homework to do.’
UK Human Rights Blog, 1st August 2014
Source: www.ukhumanrightsblog.com
‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’
The Guardian, 30th July 2014
Source: www.guardian.co.uk
‘Where decisions were made by a minister of state concerning matters of high level policy and economic, social and political judgment, involving the making of choices as to allocations of European Union structural funding between the four regions of the United Kingdom with the objectives, achievable in many different ways, of implementing the delivery of smart, sustainable and inclusive growth while promoting the harmonious development of the Union and reducing regional disparities, a wide margin of discretion was afforded the decision-maker, with which a court should only interfere if satisfied that the decisions were manifestly inappropriate or manifestly wrong.’
WLR Daily, 28th July 2014
Source: www.iclr.co.uk
Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D) 328
‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
‘The application for a judicial review of the new legislation, which was passed with support from the three main parties, is to be mounted by the human rights organisation Liberty on behalf of the two backbench MPs.’
The Guardian, 22nd July 2014
Source: www.guardian.co.uk
‘Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish, according to a report in Planning Magazine.’
OUT-LAW.com, 22nd July 2014
Source: www.out-law.com
‘In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court? Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches. The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been entitled to overstay on the ground of exceptional circumstances for a period. They then moved off and ended up at the M5 site. The O’Briens had also made a homelessness application and been offered interim bricks and mortar accommodation. The council’s officer had considered whether to allow the O’Briens back on to the transit site but decided against it for what would have been an indefinite period and which would have set a precedent for allowing extended stays in breach of planning controls. The O’Briens’ were unsuccessful on the merits although Burnett J did give permission to bring the judicial review’
NearlyLegal, 19th July 2014
Source: www.nearlylegal.co.uk
‘Immigration rules, made pursuant to section 3(2) of the Immigration Act 1971, specified the conditions to be attached in the case of a student clearance visa and no further administrative action to impose a condition was required. The description of the relevant entry clearance as a tier 4 general student clearance followed by the reference number of the sponsor body, and its repetition in conjunction with the other obligatory conditions, was sufficient endorsement of the condition for the purposes of the Immigration (Leave to Enter and Remain) Order 2000.’
WLR Daily, 9th July 2014
Source: www.iclr.co.uk
‘Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.’
Family Law week, 17th July 2014
Source: www.familylawweek.co.uk
‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’
WLR Daily, 9th July 2014
Source: www.iclr.co.uk
‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’
WLR Daily, 10th July 2014
Source: www.iclr.co.uk
‘A legal battle has been launched by an Ethiopian citizen who claims the UK has helped to fund a “brutal” resettlement programme in his country. The man, who can only be referred to as “O”, won permission to seek a judicial review at London’s High Court. He wants a ruling that the UK acted unlawfully by providing aid to Ethiopia without assessing its human rights record.’
BBC News, 14th July 2014
Source: www.bbc.co.uk
‘Campaigners against planned changes to hospital services in west Wales have lost three High Court judicial reviews into the legality of the shake-up.’
BBC News, 10th July 2014
Source: www.bbc.co.uk
‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’
Litigation Futures, 7th July 2014
Source: www.litigationfutures.com
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