High Court finds Westminster housing policy indirectly discriminatory towards women needing to move to escape violence – Local Government Lawyer

‘A claimant has won a judicial review challenge in the High Court over Westminster City Council’s decision to refuse to agree to her request for a “reciprocal transfer” into accommodation in its area.’

Full Story

Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

Extended appeals in SEN cases – Local Government Lawyer

‘Leon Glenister analyses a recent judicial review on “extended” appeals in special educational needs.’

Full Story

Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Settling cases and interested parties in judicial review – Local Government Lawyer

Posted April 8th, 2024 in civil procedure rules, judicial review, local government, news by sally

‘A recent decision of Fordham J highlights some useful practice points about settling judicial review cases, writes Charlotte Tosti.’

Full Story

Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

The Resurgence of Standing in Judicial Review – Oxford Journal of Legal Studies

Posted March 27th, 2024 in judicial review, news by sally

‘It is now commonplace for courts to remark that standing to seek judicial review is ‘context-sensitive’. The questions of how the courts adapt standing to context, and whether they do so appropriately, have, however, received remarkably little scholarly and judicial attention. This is perhaps because, until recently, there has been relatively little in the case law to spark scholarly interest. Standing, however, is in the midst of a resurgence. This article makes use of a distinction between three types of judicial review case—challenges to (i) favourable targeted, (ii) unfavourable targeted and (iii) non-targeted decisions—as a mode through which to explore the growing body of standing case law. In doing so, it both seeks to further understanding of how courts determine what constitutes a ‘sufficient interest’ and to highlight areas of the law in need of clarification or reconsideration.’

Full Story

Oxford Journal of Legal Studies, 14th March 2024

Source: academic.oup.com

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

Full Story

Local Government Lawyer, 26th March 2024

Source: www.localgovernmentlawyer.co.uk

APIL drops fixed costs judicial review after government “concessions” – Legal Futures

‘The Association of Personal Injury Lawyers (APIL) has withdrawn its judicial review against the government challenging aspects of last October’s extension of fixed recoverable costs (FRCs).’

Full Story

Legal Futures, 27th March 2024

Source: www.legalfutures.co.uk

Shedding light on solar farm capacity – Local Government Lawyer

Posted March 25th, 2024 in amendments, energy, judicial review, local government, news, planning by sally

‘Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.’

Full Story

Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

Solar Farm planning permission quashed on efficiency and land take – 39 Essex Chambers

‘The High Court has quashed the planning permission and a non-material amendment, for a solar farm at Burnhope, County Durham.’

Full Story

39 Essex Chambers, 26th February 2024

Source: www.39essex.com

Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer

‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’

Full Story

Local Government Lawyer, 20th March 2024

Source: www.localgovernmentlawyer.co.uk

Environment Agency CARs Under Scrutiny: rights of appeal should generally be available to those aggrieved by these “regulatory decisions” – Francis Taylor Building

‘The common law duty of fairness was, and continues to form, a basis upon which aggrieved parties can challenge regulatory decisions in judicial review. More recently, these standards have been given a legislative footing in the Legislative and Regulatory Reform Act 2006 and the Regulators’ Code, published in April 2014 pursuant to s22 of that Act.’

Full Story

Francis Taylor Building, 6th February 2024

Source: www.ftbchambers.co.uk

West Midlands PCC wins case to stop his powers being given to Tory mayor – The Guardian

‘The police and crime commissioner for the West Midlands has won a high court challenge against government plans to transfer his powers to the region’s mayor.’

Full Story

The Guardian, 18th March 2024

Source: www.theguardian.com

Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal

‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’

Full Story

Nearly Legal, 17th March 2024

Source: nearlylegal.co.uk

Mayor-PCC merger legal bid: How did we get here? – BBC News

‘An application for a legal review into a plan to merge the roles of West Midlands mayor and police and crime commissioner (PCC) is due to be heard in court.’

Full Story

BBC News, 12th March 2024

Source: www.bbc.co.uk

Implementation – deviation from plans – Local Government Lawyer

Posted March 11th, 2024 in appeals, change of use, housing, judicial review, local government, news, planning by sally

‘Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.’

Full Story

Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Exchange of Land – Local Government Lawyer

Posted February 23rd, 2024 in commons, judicial review, local government, news, planning by michael

‘Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.’

Full Story

Local Government Lawyer, 23rd February 2024

Source: www.localgovernmentlawyer.co.uk

Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis – UK Constitutional Law Association

Posted February 20th, 2024 in constitutional law, judicial review, judiciary, news, parliament, Supreme Court by sally

‘In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a Government and Parliament increasingly willing to act with disregard for cardinal constitutional principles such as the rule of law and with certain judges’ growing outspokenness about their intention to resist further attacks on the country’s constitutional fundamentals, determining whether we are indeed in a constitutional crisis has gained great urgency. For if we are already in a crisis, then it may be necessary to take action to prevent the situation from spiralling out of control.’

Full Story

UK Constitutional Law Association, 20th February 2024

Source: ukconstitutionallaw.org

ASB and disqualification from the housing register – Nearly Legal

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

Full Story

Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk

Police and Crime Commissioner applies for judicial review over “hostile takeover” transfer of powers to Mayor – Local Government Lawyer

Posted February 16th, 2024 in government departments, judicial review, local government, news, police by sally

‘The West Midlands Police and Crime Commissioner (PCC), Simon Foster, has launched a judicial review challenge against the Home Secretary over the decision to transfer the PCC’s powers to the West Midlands Mayor.’

Full Story

Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

High Court rejects judicial review over adequacy of accommodation, policy on permitting animals – Local Government Lawyer

Posted February 15th, 2024 in animals, homelessness, housing, judicial review, local government, news by sally

‘A vulnerable man and woman who needed to be housed with their dog have lost a case in the High Court, with a deputy judge telling them judicial review had been an inappropriate route for much of the case.’

Full Story

Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Legal challenge over plans to relax sewage laws for housebuilders in England – The Guardian

‘The government is facing a legal challenge over plans to permit housebuilders in England to allow sewage pollution “through the back door”.’

Full Story

The Guardian, 13th February 2024

Source: www.theguardian.com