Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Posted February 12th, 2014 in appeals, EC law, employment tribunals, equality, judicial review, law reports by sally

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) [2014] EWHC 218 (Admin); [2014] WLR (D) 57

‘The level of fees to be paid under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach European Union principles of effectiveness or equivalence.’

WLR Daily, 7th February 2014

Source: www.iclr.co.uk

Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

Full story

Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

Litvinenko widow wins inquiry ruling against ministers – BBC News

Posted February 12th, 2014 in inquests, inquiries, judicial review, news, poisoning by sally

‘The widow of former KGB spy Alexander Litvinenko who was killed in London has moved a step closer to a public inquiry into her husband’s death.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

Lincolnshire group challenges council’s library change – BBC News

Posted February 11th, 2014 in consultations, judicial review, libraries, local government, news by tracey

‘A campaign group is going to the High Court to challenge a move by Lincolnshire County Council to change its library system.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

Judicial Review Concessions, Gay Olympic Controversy, and Defamation in Europe – the Human Rights Roundup – UK Human Rights Blog

‘Last week, the Justice Secretary published the Criminal Justice and Courts Bill. The implications of his revised proposals for judicial review reform are considered in this week’s roundup, along with controversy over gay rights at the Winter Olympics and recent trends in defamation cases before the Court of Human Rights.’

Full story

UK Human Rights Blog, 10th February 2014

Source: www.ukhumanrightsblog.com

Judicial review reforms will discourage “ill-conceived and vexatious claims”, experts say – OUT-LAW.com

‘Changes to the rules governing judicial review (JR) claims will ensure that those challenging the decisions of public bodies face a “fair level of financial risk”, the Government has said.’

Full story

OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Grayling’s proposals for environmental and planning judicial review – UK Human Rights Blog

‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’

Full story

UK Human Rights Blog, 9th February 2014

Source: www.ukhumanrightsblog.com

Deciding without a decision – NearlyLegal

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

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

Ben Jaffey and Tom Hickman: Loading the Dice in Judicial Review: The Criminal Justice and Courts Bill 2014 – UK Constitutional Law Group

Posted February 7th, 2014 in bills, criminal justice, judicial review, legal aid, news by tracey

‘Public lawyers across the country are anxiously scrutinising yesterday’s response by the Lord Chancellor, Chris Grayling, to the Judicial Review consultation and the associated Criminal Justice and Courts Bill. They are seeking to ascertain the extent to which access to judicial review will be restricted and, in the case of many firms with legal aid contracts in public law, to see if whether their business will remain financially viable at all.’

Full story

UK Constitutional Law Group, 6th February 2014

Source: www.ukconstitutionallaw.org

Government JR reforms ‘take a sledgehammer to the rule of law’ – LegalVoice

Posted February 7th, 2014 in consultations, judicial review, legal aid, news, protective costs orders by tracey

‘Controversial proposals to restrict judicial review will go ahead by way of a “a tough package of reform”, the government confirmed yesterday. Publishing its response to the consultation, Judicial Review: Proposals for further reform, the justice secretary, Chris Grayling, said: “I believe in protecting judicial review as a check on unlawful executive action, but I am equally clear that it should not be abused, to act as a brake on growth.”

Full story

LegalVoice, 6th February 2014

Source: www.legalvoice.org.uk

R (L) v West London Mental Health NHS Trust – WLR Daily

R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ;  [2014] WLR (D)  44

‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

New planning court gets go ahead to support UK growth – Ministry of Justice

Posted February 6th, 2014 in courts, judicial review, news, planning by sally

‘Key building projects which generate thousands of jobs in communities across the UK will benefit from changes to tackle costly and unnecessary legal delays under plans to speed up and reform the Judicial Review system announced today by Justice Secretary Chris Grayling.’

Full story

Ministry of Justice, 5th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

QASA: time to move on – Halsbury’s Law Exchange

Posted February 5th, 2014 in advocacy, barristers, judicial review, news, quality assurance by sally

‘“It is a critical test of the freedom inherent in our democratic society that those accused (usually by the State) of committing criminal offences can and should be represented by capable criminal advocates…”

So opens the judgment, which was handed down last month by Lord Justice Leveson, in the judicial review of the Quality Assurance Scheme for Advocates (QASA). QASA, it ruled, “is lawful, does not contravene European law and falls well within the legitimate exercise of the powers of the LSB and the three regulators that submitted it to the LSB for approval”.’

Full story

Halsbury’s Law Exchange, 4th February 2014

Source: www.halsburyslawexchange.co.uk

Court of appeal rejects challenge over legality of stop-and-search powers – The Guardian

‘A woman who was stopped and searched by police after her Oyster travel card was refused has had a legal challenge dismissed by the court of appeal.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Bullying in armed forces on rise, MoD figures reveal – The Guardian

‘Shocking official figures reveal a surge in the incidence of bullying in the armed forces, with one in 10 military personnel claiming to have been the victim of “discrimination, harassment or bullying in a service environment” during the past year.’

Full story

The Guardian, 1st February 2014

Source: www.guardian.co.uk

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) – Supreme Court

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) [2014] UKSC 4 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2014 in appeals, detention, human rights, judicial review, law reports, police, public order by sally

Regina (Hicks and others) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3; [2014] WLR (D) 30

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk