Richard III on the move again – pitched into the current judicial review debate – UK Human Rights Blog

“The Plantagenet Alliance Ltd (R o.t.a) v. Secretary of State for Justice and others, Haddon-Cave J, 18 October 2013 (PCO), and on permission, 15 August 2013. I posted here on the original judgment giving the Plantagenet Alliance permission to seek judicial review of the Secretary of State’s decision to re-bury Richard III in Leicester. At the time, the judge had made a full Protective Costs Order in favour of the Alliance, so that it would not have to pay costs if it lost. The judge had also ordered what he envisaged to be a short hearing to determine in what sum the Alliance’s costs should be capped. if it won.”

Full story

UK Human Rights Blog, 23rd October 2013

Source: www.ukhumanrightsblog.com

Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another – WLR Daily

Posted October 23rd, 2013 in appeals, judicial review, jurisdiction, law reports, planning by tracey

Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another: [2013] EWHC 3166 (Admin);   [2013] WLR (D)  395

“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

A Rough Guide to the Civil Appeal System in England and Wales – Garden Court Chambers Blog

Posted October 22nd, 2013 in appeals, civil justice, courts, judicial review, news, Supreme Court, tribunals by tracey

“As part of a recent EU project, Marc Willers has produced this rough guide to the Civil Appeal System in England and Wales.”

Full story

Garden Court Chambers Blog, 22nd October 2013

Source: www.gclaw.wordpress.com

The latest prisoner votes judgment may be our Marbury v Madison – UK Human Rights Blog

Posted October 21st, 2013 in elections, human rights, judicial review, judiciary, news, prisons, Supreme Court by sally

“At first glance, prisoner voting proponents may interpret the Supreme Court’s R (Chester) v Justice Secretary decision (see Adam Wagner’s previous post) as a defeat for advancing prisoner voting rights in the UK. This blog post offers a different perspective. By comparing Chester to the seminal US Supreme Court case of Marbury v. Madison, we summarise that such proponents should take a step back and see the wood, rather than merely the trees. This is because Lord Mance’s Chester judgment offers human rights advocates, and therefore supporters of prisoner voting rights, an unequivocal foundation from which to defend future human rights claims.”

Full story

UK Human Rights Blog, 20th October 2013

Source: www.ukhumanrightsblog.com

High Court dismisses challenge to PCO in Richard III burial case – Litigation Futures

“The High Court has comprehensively rejected the government’s bid to overturn the grant of a protective costs order (PCO) in favour of campaigners for the reburial of King Richard III in York.”

Full story

Litigation Futures, 18th October 2013

Source: www.litigationfutures.com

Ofsted fairness standards graded inadequate – Halsbury’s Law Exchange

“The Care Quality Commission has made headlines recently with the focus on inadequacies in its processes as a regulator and its failure to spot sub-standard and even dangerous levels of care. Its fellow regulator Ofsted, however, is more likely to be accused of being over – rather than under – zealous, but its approach has been subject to far less scrutiny.”

Full story

Halsbury’s Law Exchange, 18th October 2013

Source: www.halsburyslawexchange.co.uk

Hospitals told to investigate all patient complaints in spite of possible lawsuits – The Guardian

“Hospitals will be banned from refusing to investigate complaints from patients harmed by poor care who may also sue for damages, after campaigners condemned the practice as an illegal and unfair denial of patients’ rights.”

Full story

The Guardian, 20th October 2013

Source: www.guardian.co.uk

Lord Neuberger on “Justice in an age of austerity” – CrimeLine

“Justice – Tom Sargant memorial lecture 2013, 15th October 2013.”

Full speech

CrimeLine, 15th October 2013

Source: www.crimeline.info

BSB statement on Leathley, Mehey, Hayes v Visitors to the Inns of Court – Bar Standards Board

Posted October 16th, 2013 in Administrative Court, barristers, inns of court, judicial review, news, reports by sally

“A Bar Standards Board spokesperson said:

‘The administrative court has today handed down judgment in Leathley, Mehey, Hayes v Visitors to the Inns of Court: three judicial review applications which raised issues arising from the various anomalies revealed in 2011 in relation to the Council of the Inns of Courts’ panel member appointment processes. We are pleased that the court found all but two of the specific challenges made by the Claimants to be totally without merit and refused the applications on the two issues it considered were arguable. The judgment confirms the Bar Standard’s Board’s original view: that most of the historic anomalies, while a matter of great concern to us, did not affect the validity of the findings made in the cases that were potentially affected.'”

Full story

Bar Standards Board, 16th October 2013

Source: www.barstandardsboard.org.uk

Lord Neuberger: Don’t restrict right to judicial review – Daily Telegraph

“The Government should not restrict people from seeking judicial review, the UK’s most senior judge has warned.”

Full story

Daily Telegraph, 15th October 2013

Source: www.telegraph.co.uk

Aarhus, A-G Kokott’s opinion, and the PCO reciprocal cap – UK Human Rights Blog

“Forgive me for returning to this case, but it raises all sorts of questions. On the face of it, it concerns 2 specific environmental directives, but it has implications for costs generally in environmental cases.”

Full story

UK Human Rights Blog, 15th October 2013

Source: www.ukhumanrightsblog.com

‘A rank denial of justice’ for vulnerable people: Senior judge attacks plan to cut legal aid by £350m – The Independent

“Britain’s most senior judge has warned the Government that its proposed cuts to the legal aid budget could mean ‘a rank denial of justice’ for vulnerable people.”

Full story

The Independent, 15th October 2013

Source: www.independent.co.uk

BSB issues statement after Twitter confusion over judicial review costs – The Lawyer

“The Bar Standards Board (BSB) has issued a statement about the costs of a judicial review into the Quality Assurance Scheme for Advocates (QASA) following widespread outrage and confusion on Twitter.”

Full story

The Lawyer, 11th October 2013

Source: www.thelawyer.com

Related link: Bar Standards Board Statement on costs and the judicial review of QASA

The Supreme Court’s curious constitutional U turn over prisoner rights – UK Human Rights Blog

“Writing in his magisterial new work, Human Rights and the UK Supreme Court, Professor Brice Dickson noted that the Human Rights Act had created ‘an internationalized system of human rights protection rather than a constitutional one.’ Indeed, there had been a marked resistance on the part of the Supreme Court to use the common law to achieve the same goal of human rights protection. In Osborn v The Parole Board the Supreme Court seemed to resile from this position.”

Full story

UK Human Rights Blog, 13th October 2013

Source: www.ukhumanrightsblog.com

Criminal compensation reforms would shift burden of proof on to victims – The Guardian

“Victims of miscarriages of justice will have to prove their innocence in future or endure damaged reputations, human rights groups and Labour’s parliamentary frontbench are warning.”

Full story

The Guardian, 14th October 2013

Source: www.guardian.co.uk

Schedule 7 powers too intrusive, says committee – The Guardian

“Stop and search powers at ports and airports – used to detain the partner of the Guardian journalist Glenn Greenwald for nine hours during the summer – are too intrusive, according to a parliamentary committee.”

Full story

The Guardian, 11th October 2013

Source: www.guardian.co.uk

Regina (Uddin) v Crown Court at Leeds – WLR Daily

Posted October 11th, 2013 in bail, indictments, judicial review, jurisdiction, law reports by sally

Regina (Uddin) v Crown Court at Leeds [2013] EWHC 2752 (Admin); [2013] WLR (D) 372

“Pursuant to section 29(3) of the Senior Courts Act 1981, as amended, a decision to revoke the bail of a defendant during the course of a trial on indictment before the Crown Court was not amenable to judicial review by the High Court, such a decision ‘relating to trial on indictment’ within the meaning of the subsection.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

QASA claimants granted costs cap – but at 10 times the level they wanted – Legal Futures

“The High Court has capped the costs exposure of the four barristers bringing a judicial review against the Legal Services Board (LSB) over the Quality Assurance Scheme for Advocates (QASA) – but at a level 10 times the one they had proposed.”

Full story

Legal Futures. 10th October 2013

Source: www.legalfutures.co.uk

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) – Supreme Court

Posted October 9th, 2013 in appeals, citizenship, immigration, Iraq, judicial review, law reports, Supreme Court by sally

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) [2013] UKSC 62 | UKSC 2012/0129 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt