Category: judicial review

The Legal Ombudsman: more than a paper tiger – UK Human Rights Blog

Posted January 6th, 2014 in complaints, fees, judicial review, jurisdiction, legal ombudsman, news, solicitors by sally

‘Does the Legal Ombudsman have teeth? That was, in effect, the question before the High Court in Layard Horsfall, a judicial review brought by a former solicitor against a decision by the Ombudsman to reduce his fees following a complaint by one of his clients. The Court’s answer was a very clear yes. Where the Ombudsman has made her decision properly, taking relevant factors into account, it is likely to withstand judicial review challenge.’

Full story

UK Human Rights Blog, 3rd January 2014

Source: www.ukhumanrightsblog.com

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same – WLR Daily

Posted December 16th, 2013 in appeals, asylum, children, EC law, immigration, judicial review, law reports by sally

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same [2013] EWCA Civ 1609; [2013] WLR (D) 483

‘Claimants who had unsuccessfully sought asylum and were granted at the age of 16½ discretionary leave to remain until they reached the age of 17½ had an effective remedy in judicial review to challenge the initial rejection of their asylum claims.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Posted December 11th, 2013 in appeals, delay, human rights, judicial review, jurisdiction, law reports, prisons, sentencing, Supreme Court by sally

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’

WLR Daily, 9th December 2013

Source: www.iclr.co.uk

Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer

Posted December 9th, 2013 in benefits, children, disabled persons, judicial review, local government, news, social services, travellers by sally

‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’

Full story

Local Government Lawyer, 6th December 2013

Source: www.localgovernmentlawyer.co.uk

Isa Muaza granted more time in UK – The Guardian

Posted December 6th, 2013 in asylum, deportation, judicial review, news, restraint orders by sally

‘Asylum seeker who was returned to UK in a failed deportation attempt will stay in the country pending judicial review.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) – Supreme Court

Posted December 5th, 2013 in appeals, bail, judicial review, jurisdiction, law reports, Northern Ireland, release on licence, Supreme Court by sally

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) [2013] UKSC 76 | UKSC 2012/0217 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Welfare of child not a trump card against deportation – UK Human Rights Blog

Posted December 2nd, 2013 in asylum, children, deportation, families, human rights, judicial review, news, proportionality by sally

‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’

Full story

UK Human Rights Blog, 29th November 2013

Source: www.ukhumanrightsblog.com

Allocations and legitimate expectation – NearlyLegal

Posted December 2nd, 2013 in housing, judicial review, local government, news by sally

‘In R(Alansi) v Newham LBC, Stuart-Smith J held that, although Ms Alansi had a legitimate expectation that she would remain a priority homeseeker on Newham’s housing register, Newham had not acted unreasonably and in abuse of its power by withdrawing its representation. It is a case which demonstrates (again) just how hard it is to shoehorn a genuine grievance into a successful JR challenge, doubly so in the context of a local authority allocation scheme.’

Full story

NearlyLegal, 1st December 2013

Source: www.nearlylegal.co.uk

The latest challenge to the badger cull extension – UK Human Rights Blog

Posted November 28th, 2013 in animals, consultations, environmental health, judicial review, news by sally

‘A new challenge was filed yesterday to the badger cull extension presently under way in the South West of England.’

Full story

UK Human Rights Blog, 27th November 2013

Source: www.ukhumanrightsblog.com

On families, powers and duties to accommodate – NearlyLegal

Posted November 27th, 2013 in children, housing, human rights, immigration, judicial review, local government, news, statutory duty by sally

‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’

Full story

NearlyLegal, 26th November 2013

Source: www.nearlylegal.co.uk/blog/

Court battle over burial of Richard III adjourned – BBC News

Posted November 26th, 2013 in adjournment, burials and cremation, consultations, judicial review, local government, news, royal family by sally

‘The legal battle over where the remains of Richard III should be buried has been adjourned at the High Court. A judicial review will decide whether the procedure that led to his bones being excavated in Leicester and the decision to reinter them at the city’s cathedral, was conducted correctly.’

Full story

BBC News, 26th November 2013

Source: www.bbc.co.uk

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

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by sally

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Richard III remains: York v Leicester legal battle to be laid to rest – The Guardian

Posted November 26th, 2013 in burials and cremation, government departments, judicial review, news, royal family, universities by sally

‘An “unseemly and undignified” legal battle over where the remains of the last Plantagenet king of England, Richard III, should be laid to rest resumes on Tuesday, 528 years after his death and a year after his skeleton was found under a Leicester car park. Richard’s remains are currently in a laboratory at Leicester University.’

Full story

The Guardian, 26th November 2013

Source: www.guardian.co.uk

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by sally

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog

Posted November 25th, 2013 in immigration, judicial review, ministers' powers and duties, news, setting aside by sally

‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’

Full story

UK Human Rights Blog, 22nd November 2013

Source: www.ukhumanrightsblog.com

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by sally

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

More children and housing duties – NearlyLegal

Posted November 25th, 2013 in appeals, children, disabled persons, housing, judicial review, local government, news by sally

‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Mark Elliott: Where next for the Wednesbury principle? A brief response to Lord Carnwath – UK Constitutional Law Group

Posted November 21st, 2013 in constitutional law, judges, judicial review, news, speeches by sally

“In his recent annual lecture to the Constitutional and Administrative Law Bar Association, Lord Carnwath spoke to the title: ‘From judicial outrage to sliding scales—where next for Wednesbury?’ In this post, I outline some of the key points made in the lecture and offer some critical commentary on the approach to substantive judicial review commended by Carnwath.”

Full story

UK Constitutional Law Group, 20th November 2013

Source: www.ukconstitutionallaw.org

From judicial outrage to sliding scales – where next for Wednesbury? – Lord Carnwath

Posted November 19th, 2013 in constitutional law, judges, judicial review, news, speeches by sally

From judicial outrage to sliding scales – where next for Wednesbury? (PDF)

Lord Carnwath

ALBA Annual Lecture, 12th November 2013

Source: www.supremecourt.gov.uk

W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off – Family Law Week

Posted November 18th, 2013 in Administrative Court, appeals, care orders, children, contact orders, judicial review, local government, news, parental responsibility by sally

“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”

Full story

Family Law Week, 17th November 2013

Source: www.familylawweek.co.uk