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.'”

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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.”

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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.”

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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.”

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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.”

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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

Why Mrs Litvinenko did not get her PCO – but what if it had been an environmental claim? – UK Human Rights Blog

“An extraordinary story which would have raised our eyebrows at its implausibility had it come from our spy novelists. In late 2006, Alexander Litvinenko was murdered by polonium-210 given to him in London. He was an ex-Russian Federation FSB agent, but by then was a UK citizen. He had accused Putin of the murder of the journalist Anna Politovskaya. He may or may not have been working for MI6 at the time of his death. The prime suspects for the killing are in Russia, not willing to help the UK with its inquiries. But rightly, in one form or another, we want to know what really happened.”

Full story

UK Human Rights Blog, 9th October 2013

Source: www.ukhumanrightsblog.com

High Court gives green light to QASA judicial review – Legal Futures

“Criminal barristers were yesterday given permission to pursue their judicial review against the Legal Services Board over the Quality Assurance Scheme for Advocates (QASA).”

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Legal Futures, 8th October 2013

Source: www.legalfutures.co.uk

First council-promoted Planning Act 2008 scheme survives judicial review – Local Government Lawyer

“A High Court judge has dismissed a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008.”

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Local Government Lawyer, 4th October 2013

Source: www.localgovernmentlawyer.co.uk

Lord chancellor faces legal aid court action – Law Society’s Gazette

Posted October 4th, 2013 in housing, judicial review, law firms, legal aid, news by sally

“A leading East Midlands firm is to take court action against the lord chancellor Chris Grayling over restrictions on its legal aid contract.”

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Law Society’s Gazette, 3rd October 2013

Source: www.lawgazette.co.uk

Legal blow for widow of poisoned spy Alexander Litvinenko who risks bankruptcy by continuing her battle for a public inquiry – The Independent

Posted October 4th, 2013 in costs, families, inquiries, judicial review, news, poisoning, spying by sally

“Marina Litvinenko’s fight for answers over the suspicious death of her husband, Alexander, has suffered another defeat after judges refused to protect her from facing crippling costs if she loses her legal battle for a public inquiry.”

Full story

The Independent, 3rd October 2013

Source: www.independent.co.uk

Bingham Centre launches independent review of Administrative Court – Litigation Futures

Posted October 3rd, 2013 in Administrative Court, judicial review, legal aid, news by sally

“The Bingham Centre for the Rule of Law has launched its own review of how to improve the conduct of judicial review cases in light of the government’s own proposals.”

Full story

Litigation Futures, 2nd October 2013

Source: www.litigationfutures.com