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.’

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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”.’

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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.’

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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.’

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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.’

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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.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Regina v Proctor – WLR Daily

Posted January 27th, 2014 in appeals, judicial review, law reports, sexual offences prevention orders by sally

Regina v Proctor [2014] WLR (D) 22

‘When a sexual offences prevention order was made against an offender without a sufficient basis, it was not, prior to quashing, a nullity. Where such an order was made in relation to a person already subject to a sexual offences prevention order, the earlier order ceased to have effect, pursuant to section 107(6) of the Sexual Offences Act 2003, despite the second order having been made without a sufficient basis.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

High Court slams council for “act of retaliation” against PI law firm which sued it – Legal Futures

‘A local authority’s refusal to offer a law firm tenant a new lease was “an act of retaliation, pure and simple”, to punish the firm for bringing personal injury claims against it, the High Court found last week.’

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Legal Futures, 27th January 2014

Source: www.legalfutures.co.uk

Jump in judicial reviews against HMRC shows businesses more willing to challenge “unlawful” tax decisions, says expert – OUT-LAW.com

Posted January 24th, 2014 in judicial review, news, statistics, taxation by sally

‘Businesses have become more willing to challenge tax decisions against them that appear to be unlawful, an expert has said, after a 31% increase in the number of judicial review applications made against HM Revenue and Customs (HMRC).’

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OUT-LAW.com, 24th January 2014

Source: www.out-law.com

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 24; [2013] WLR (D) 14

‘The English court would not adjudicate, either as a question of justiciability or as a matter of discretion, on a claim which sought to characterise the actions of United Kingdom officials passing on locational intelligence to officials of the United States of America for use in drone strikes as secondary criminal offences either under domestic criminal law or international humanitarian law, because such relief would necessarily entail a condemnation of the activities of a foreign sovereign state.’

WLR Daily, 20th January 2014

Source: www.iclr.co.uk

Barristers vow to boycott QASA despite High Court defeat – Legal Futures

Posted January 22nd, 2014 in advocacy, barristers, judicial review, news, quality assurance by sally

‘Monday’s failed judicial review of the Quality Assurance Scheme for Advocates (QASA) has done little to quell the mutiny among criminal law barristers, even though the Bar Standards Board has called on them to “respect the court’s decision”.’

Full story

Legal Futures, 22nd January 2014

Source: www.legalfutures.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

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Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

QASA given green light by High Court as JR fails – Legal Futures

‘A judicial review of the Legal Services Board’s approval of the Quality Assurance Scheme for Advocacy (QASA) has today been comprehensively rejected by the High Court.’

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Legal Futures, 20th January 2014

Source: www.legalfutures.co.uk

The right to her ill partner’s sperm – what are the issues in High Court “test case”? – Halsbury’s Law Exchange

Posted January 17th, 2014 in assisted reproduction, consent, hospitals, human tissue, judicial review, news by sally

‘A “test case” is reportedly being brought in the High Court in February 2014 to determine whether a woman has the right to “harvest” her seriously ill partner’s sperm.’

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Halsbury’s Law Exchange, 16th January 2014

Source: www.halsburyslawexchange.co.uk

‘Plebgate’ affair: Police Federation launches legal action – BBC News

‘The Police Federation says it wants a judicial review of the police watchdog’s decision to investigate three officers who met the MP at the centre of the “plebgate” row.’

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BBC News, 12th January 2014

Source: www.bbc.co.uk

Regina (Evans) v Cornwall Council – WLR Daily

Posted January 8th, 2014 in agriculture, judicial review, law reports, local government, planning by sally

Regina (Evans) v Cornwall Council [2013] EWHC 4109 (Admin); [2013] WLR (D) 510

‘The determination of whether prior approval was required for the development of agricultural buildings under the Town and Country Planning (General Permitted Development) Order 1995 required a summary assessment and the principles relating to applications for planning permission under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 were not material considerations for that purpose. Furthermore, the National Planning Policy Framework guidance was inapposite in such cases, and section 66(1) of the Planning (Listing Buildings and Conservation Areas) Act 1990 and the case law thereunder was of no application.’

WLR Daily, 20th December 2014

Source: www.iclr.co.uk

First judgment in a judicial review of the Legal Ombudsman – 4 New Square

Posted January 7th, 2014 in fees, judicial review, jurisdiction, legal ombudsman, news, time limits by sally

‘On 20 December 2013 judgment was handed down in the first judicial review of a decision of the Legal Ombudsman (“LeO”) to reach a substantive hearing. The judgment will be of interest to lawyers and complainants wishing to challenge unappealable decisions of LeO. It is particularly (though not only) relevant to LeO decisions which direct a reduction in fees. This is an area which, in view of the absence of a limit on the amount by which LeO can reduce fees, has caused particular controversy.’

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4 New Square, 3rd January 2014

Source: www.4newsquare.com