Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted September 2nd, 2013 in appeals, immigration, judicial review, law reports, public interest, terrorism by sally

Regina (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin); [2013] WLR (D) 338

“The Secretary of State was entitled to use the new certification provisions in sections 2C of the Special Immigration Appeals Commission Act 1997, as inserted by section 15 of the Justice and Security Act 2013, to terminate existing judicial review proceedings in which she was herself a party.”

WLR Daily, 9th August 2013

Source: www.iclr.co.uk

BSB hopes JR will close floodgates on costs – Legal Futures

“The Bar Standards Board (BSB) is to judicially review (JR) a disciplinary tribunal decision ordering that an acquitted barrister who represented herself be paid £27,500 in costs, fearing that if it went unchallenged similar claims could follow.”

Full story

Legal Futures, 27th August 2013

Source: www.legalfutures.co.uk

Landmark planning judgment holes golf course plan – Law Society’s Gazette

“Green-belt campaigners have successfully challenged a scheme to turn the former home of press baron Lord Beaverbrook into a hotel and golf course, with a judgment that ‘engages the fundamentals of planning law’.”

Full story

Law Society’s Gazette, 22nd August 2013

Surce: www.lawgazette.co.uk

They paved Plantagenet ‘n put up a parking lot – UK Human Rights Blog

Posted August 23rd, 2013 in burials and cremation, consultations, judicial review, news, royal family by sally

“The judge gave the Allliance permission to seek judicial review of the Secretary of State’s decision about re-burial. But I question the result – does the Alliance really have a legal right to be consulted about where Richard III is to be re-buried?”

Full story

UK Human Rights Blog, 22nd August 2013

Source: www.ukhumanrightsblog.com

David Miranda detention: Lawyers seek judicial review – BBC News

“Lawyers representing a Brazilian man detained at Heathrow airport have begun judicial review proceedings against the Home Office and the police.”

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BBC News, 22nd August 2013

Source: www.bbc.co.uk

Twitter Trolls, Tribunal Online (Finally), Don’t go Home – The Human Rights Roundup – UK Human Rights Blog

“This week, judicial review continued to take a beating, the Home Office backed down over their ‘Go Home’ campaign and the legal implications behind the twitter threat debacle were considered. And, finally, the immigration and asylum tribunal launched a useful online search service.”

Full story

UK Human Rights Blog, 19th August 2013

Source: www.ukhumanrightsblog.com

Richard III: King’s reburial row goes to judicial review – BBC News

Posted August 16th, 2013 in burials and cremation, judicial review, news, royal family by tracey

“Distant relatives of Richard III have been granted permission for a judicial review of the decision to rebury the king’s remains in Leicester.”

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BBC News, 16th August 2013

Source: www.bbc.co.uk

Regina (Nash) v Barnet London Borough Council – WLR Daily

Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335

“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”

WLR Daily, 2nd August 2013

Source: www.iclr.co.uk

Azelle Rodney death: Met to support police marksman’s legal challenge – The Guardian

Posted August 14th, 2013 in judicial review, news, police, reports, unlawful killing by sally

“Scotland Yard has announced it will support a legal challenge by one of its firearms officers attempting to overturn an official ruling that he unlawfully shot and killed a suspect.”

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The Guardian, 13th August 2013

Source: www.guardian.co.uk

Judicial review proceedings may be terminated by government – UK Human Rights Blog

“The Government’s termination of existing judicial review proceedings via certification under the Justice and Security Act was ‘troubling’ but lawful. Parliament’s intention was clear, even though there were no new rules in force yet.”

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UK Human Rights Blog, 12th August 2013

Source: www.ukhumanrightsblog.com

When is Judicial Review Available as a Remedy in Relation to Housing Benefit Issues Where There are Possession Proceedings for Rent Arrears? – Garden Court Chambers Blog

Posted August 13th, 2013 in benefits, housing, judicial review, legal aid, news, repossession, social security by sally

“Desmond Rutledge considers the scenarios in which judicial review is available as a solution to certain housing benefit issues and provides specific examples of housing benefit decisions that are susceptible to judicial review.”

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Garden Court Chambers Blog, 13th August 2013

Source: www.gclaw.wordpress.com

London fire cuts: Councils to seek judicial review – BBC News

Posted August 12th, 2013 in budgets, fire services, judicial review, local government, London, news by sally

“A group of London councils is preparing to take legal action over the decision to shut 10 fire stations as part of plans to make £28.8m savings.”

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BBC News, 10th August 2013

Source: www.bbc.co.uk

High Court rejects “bedroom tax” claims – Hardwicke Chambers

“The High Court has rejected claims for a judicial review of the so-called ‘bedroom tax’. Its judgment brings to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.”

Full story

Hardwicke Chambers, 31st July 2013

Source: www.hardwicke.co.uk

Allotment holders win victory over Eric Pickles’ building plan – The Independent

Posted August 5th, 2013 in judicial review, local government, news, sale of land by sally

“A group of allotment-holders is celebrating victory over Eric Pickles in a long-running battle over the development of a site that has been used for more than a century.”

Full story

The Independent, 2nd August 2013

Source: www.independent.co.uk

Disabled challenge to bedroom tax fails – UK Human Rights Blog

Posted July 31st, 2013 in appeals, benefits, disabled persons, housing, human rights, judicial review, news by sally

“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”

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UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

Bedroom tax JR – NearlyLegal

“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”

Full story

NearlyLegal, 3oth July 2013

Source: www.nearlylegal.co.uk

Regina (S and others) v Chief Constable of the British Transport Police – WLR Daily

Regina (S and others) v Chief Constable of the British Transport Police [2013] EWHC 2189 (Admin); [2013] WLR (D) 312

“The Divisional Court gave guidance on the practice to be followed on an application for a search warrant under the special procedure in section 9 of and Schedule 1 to the Police and Criminal Evidence Act 1984, and reiterated the information required to be supplied by a constable to the court on such an application, including the need to give full and frank disclosure.”

WLR Daily, 23rd July 2013

Source: www.iclr.co.uk

Campaigners vow to fight on after challenge to ‘bedroom tax’ is thrown out by High Court – The Independent

“Campaigners have vowed to fight on after a legal attempt to block the Government’s so-called ‘bedroom tax’ was thrown out by the High Court.”

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The Independent, 30th July 2013

Source: www.independent.co.uk

Standing and judicial review: why we all have a “direct interest” in government according to law – UK Human Rights Blog

Posted July 30th, 2013 in interest, judicial review, news by sally

“According to reports in yesterday’s Times (£) and Telegraph, the government is planning a further set of reforms to judicial review. (I have written before about why the original proposals, published in December 2012, were objectionable—and about the fact that the government pressed ahead with many, but not all, of them, excoriating criticism notwithstanding.)”

Full story

UK Human Rights Blog, 30th July 2013

Source: www.ukhumanrightsblog.com

Judicial review funding cuts may leave vulnerable teenagers at risk – The Guardian

Posted July 29th, 2013 in budgets, judicial review, news, social services, young persons by sally

“Hundreds of vulnerable teenagers will be at risk of harm or falling into prostitution under government plans to restrict judicial review, lawyers specialising in actions against local authorities have warned.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk