Early Compliance – NearlyLegal
‘This is a slightly surprising case involving a judicial review of refusal of permission to appeal.’
NearlyLegal, 11th April 2014
Source: www.nearlylegal.co.uk
Category: judicial review
Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange
‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’
Halsbury’s Law Exchange, 4th April 2014
Source: www.halsburyslawexchange.co.uk
Landmark legal case to rule whether GP exam ‘discriminates’ against Asian and black doctors – The Independent
‘Hundreds of black and Asian doctors have had promising careers “halted” because of racial discrimination in the way GPs are examined, a leading doctor has claimed, before a landmark High Court hearing in which two pillars of the medical establishment will be accused of breaching equality laws.’
The Independent, 6th April 2014
Source: www.independent.co.uk
High Court reduces Ombudsman-awarded compensation due to local authority “financial pressures” – OUT-LAW.com
‘A recent High Court decision risks “emasculating” the Local Government Ombudsman (LGO), an expert has said, after the judge allowed the authority to pay only one fifth of the compensation awarded against it.’
OUT-LAW.com, 1st April 2014
Source: www.out-law.com
FOIA’s not all that: Kennedy v The Charity Commission [2014] UKSC 20 – Panopticon
‘The Supreme Court’s much anticipated judgments in Kennedy v The Charity Commission make for a long read. But they are very important. All the parties in Kennedy were represented by Counsel from 11KBW: Andrew Sharland for Mr Kennedy; Karen Steyn and Rachel Kamm for the Charity Commission and the Secretary of State; Ben Hooper for the ICO; and Christopher Knight for the Media Legal Defence Initiative and Campaign for Freedom of Information.’
Panopticon, 28th March 2014
Source: www.panopticonblog.com
Backing just one horse in a consultation process can be unfair – UK Human Rights Blog
‘Public law principles allow you to challenge a decision of a public authority if the consultation process preceding it was unfair. Unfairness comes in many shapes and sizes, but the commonest one alleged is that it was not carried out at the formative stage. The authority had already made up enough of its mind so the consultation process ceased to mean anything – it was just going through the motions.’
UK Human Rights Blog, 28th March 2014
Source: www.ukhumanrightsblog.com
Judicial Review Reform: All about the money, money, money? – UK Human Rights Blog
‘As MPs and Peers consider the Civil Legal Aid (Remuneration)(Amendment)(No 3) Regulations and the Criminal Justice and Courts Bill, Angela Patrick, Director of Human Rights Policy at JUSTICE considers the Lord Chancellor’s view that proposed judicial review changes do not restrict access to judicial review remedies or restrict the rule of law.’
UK Human Rights Blog, 26th March 2014
Source: www.ukhumanrightsblog.com
High court to rule on Chris Grayling’s legal aid cuts for prisoners – The Guardian
‘The high court will on Monday rule on a challenge by charities working with prisoners to the legality of legal aid cuts introduced by justice secretary Chris Grayling. The Howard League for Penal Reform and the Prisoners’ Advice Service (PAS) say vulnerable people in the prison system, including inmates with mental health problems and mothers with young babies, will suffer injustice.’
The Guardian, 17th March 2014
Source: www.guardian.co.uk
APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures
‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’
Litigation futures, 12th March 2014
Source: www.litigationfutures.com
Tribunal fees regime rolls on. For now… – 13 KBW Employment
‘The union challenge to the Tribunal fees regime was seen off by Chambers’ own Susan Chan, representing the Lord Chancellor as sole counsel, who herself enjoys a busy employment practice. For obvious reasons she is unable to comment on the matter herself. Though of course a public law case, there can scarcely have been a judicial review decision in recent memory of more interest to the employment practitioner.’
13 KBW Employment, 7th March 2014
Cuts to legal aid: seeking permission for judicial review – CrimeLine
‘Two charities will go to court tomorrow (6 March) to seek permission to challenge the government’s decision to cut legal aid for prisoners.’
CrimeLine, 5th March 2014
Source: www.crimeline.info
Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same – WLR Daily
‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’
WLR Daily, 27th February 2014
Source: www.iclr.co.uk
High Court rejects challenge to Berkshire village green decision – OUT-LAW.com
‘An inspector was entitled to find that land subject to an application for registration as a village green had ceased to be used “as of right”, a High Court judge has found.’
OUT-LAW.com, 28th February 2014
Source: www.out-law.com
Human rights and public law challenge to prisoner’s release conditions fails – UK Human Rights Blog
‘Mr Gul had been imprisoned for a period, on 24 February 2011, for disseminating terrorist publications. When he was released on 6 July 2012, this was under licence, as is common following the release of dangerous prisoners. Mr Gul challenged some of the conditions of his licence by judicial review. The court rejected his challenge.’
UK Human Rights Blog, 2nd March 2014
Source: www.ukhumanrightsblog.com
Not in the Public Interest – London Review of Books
‘Stephen Sedley on the purpose of judicial review.’
London Review of Books, 28th February 2014
Source: www.lrb.co.uk
Azelle Rodney shooting: police marksman loses high court challenge – The Guardian
‘A police marksman has lost his high court bid to challenge a public inquiry finding that he used excessive force when he killed robbery suspect Azelle Rodney.’
The Guardian, 27th February 2014
Source: www.guardian.co.uk
Cameron orders judicial review into IRA immunity letters – The Guardian
‘David Cameron has ordered a review into secret police letters promising immunity to Northern Ireland terrorist suspects, but said he does not want to unpick parts of the 1998 peace deal that introduced the scheme.’
The Guardian, 27th February 2014
Source: www.guardian.co.uk
Grayling defends JR intervention reforms – Law Society’s Gazette
‘Justice secretary Chris Grayling has told MPs his plans for judicial reviews will stop pressure groups using individuals as “financial human shields” to bring cases.’
Law Society’s Gazette, 25th February 2014
Source: www.lawgazette.co.uk
Mark Duggan’s mother lodges legal challenge against judge – The Guardian
‘The mother of Mark Duggan, whose fatal shooting by police provoked the 2011 riots, has lodged a legal challenge against the judge who presided over the inquest into her son’s death, which ended with a jury making a majority ruling that he was lawfully killed.’
The Guardian, 26th February 2014
Source: www.guardian.co.uk
Reforming judicial review: cutting pointless delay or preventing legitimate challenge? – UK Human Rights Blog
‘For law students who slept their way through their first Latin 101 lessons in ‘ultra vires’, public law and judicial review may have seemed very detached from the realities of everyday life; less relevant to the man on the Clapham Omnibus than the rigours of a good criminal defence or protection from eviction offered by landlord and tenant law.’
UK Human Rights Blog, 24th February 2014
Source: www.ukhumanrightsblog.com
