‘The Court of Appeal has today [7 October] rejected a challenge to the lawfulness of the Quality Assurance Scheme for Advocates (QASA).’
Local Government Lawyer, 7th October 2014
Source: www.localgovernemtnlawyer.co.uk
‘Karia, R (on the application of) v Leicester City Council (Sir Stephen Silber, acting as High Court Judge) [2014] EWHC 3105 (Admin) (30 September 2014. In a robust judgment Sir Stephen Silber has asserted that neither the ordinary laws of judicial review, nor the Equality Act nor the Human Rights Act require the courts to micro-manage the decisions of public authorities. Indeed the latter two statutory powers are not designed as a back door into a merits review of a decision that is restricted to the court’s review of the legality of a public sector decision.’
UK Human Rights Blog, 2nd October 2014
Source: http://ukhumanrightsblog.com
‘Ben Conlon, former head of the pupillage committee at 3 Temple Gardens, has launched a judicial review arguing that the Visitors to the Inns of Court should made up only of High Court judges.’
Legal Futures, 3rd October 2014
Source: www.legalfutures.co.uk
‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’
Local Government Lawyer, 30th Spetember 2014
Source: www.localgovernmentlawyer.co.uk
‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’
Competition Bulletin from Blackstone Chambers, 28th September 2014
Source: www.competitionbulletin.com
‘The Criminal Justice and Courts Bill, which introduces significant changes to judicial review, is making rapid progress through Parliament. The House of Lords Committee stage completed on 30 July 2014 and all that remains now is the House of Lords report stage due at the end of October, with royal assent expected by the end of the year. Whilst there are indications that certain members of the Lords disagree with some of the provisions and some may yet be amended or frustrated, the current version of the Bill retains the significant provisions on judicial review.’
No. 5 Chambers, 18th September 2014
Source: www.no5.com
‘The lord chancellor acted ‘unlawfully’ in the way he consulted on controversial plans to shake up criminal legal aid, the High Court ruled today [19 September].’
Law Society’s Gazette, 19th September 2014
Source: www.lawgazette.co.uk
‘The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.’
RPC Privacy Law, 19th September 2014
Source: www.rpc.co.uk
‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 12th September 2014
Source: www.iclr.co.uk
‘The Government has defended its reforms to judicial review, saying it is “particularly keen to reduce the extent to which legal challenge unduly hinders economic development and regeneration”.’
Local Government Lawyer, 5th September 2014
Source: www.localgovernmentlawyer.co.uk
‘A High Court bid to halt this year’s badger culling, which will take place without independent monitoring, has failed.’
BBC News, 29th August 2014
Source: www.bbc.co.uk
‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’
The Guardian, 16th August 2014
Source: www.guardian.co.uk
‘The Service Confidence Procedure (“SCP”), which was the statutory misconduct regime for police officers, was amenable to judicial review, but in circumstances where reasons for it were subject to a decision that they could not be disclosed due to public interest immunity, then the threshold for judicial interference was very high.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377
‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’
WLR Daily, 8th August 2014
Source: www.iclr.co.uk
‘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
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