Romany Travellers win permission for judicial review over site provision – Local Government Lawyer

“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”

Full story

Local Government Lawyer, 18th November 2013

Source: www.localgovernmentlawyer.co.uk

More on JR and Costs – NearlyLegal

Posted November 15th, 2013 in Administrative Court, consent orders, costs, judicial review, news by sally

“We have been blogging lately about costs in settled JRs and S.204 appeals and we can now report that the Admin Court Office has published guidance on costs following settlement of JR claims. The guidance applies to all consent orders submitted to the Admin Court after 20/11/13. Below is a summary of the main points within the new guidance.”

Full story

Full guidance

NearlyLegal, 14th November 2013

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

Minister faces legal challenge over Prince Philip Hospital shake-up – BBC News

Posted November 14th, 2013 in hospitals, judicial review, ministers' powers and duties, news, Wales by sally

“Health Minister Mark Drakeford faces a legal challenge over his decision to give the go-ahead to change the way urgent care is delivered at Llanelli’s Prince Philip Hospital.”

Full story

BBC News, 14th November 2013

Source: www.bc.co.uk

London borough loses judicial review over A&E department closure – Local Government Lawyer

Posted November 13th, 2013 in hospitals, judicial review, local government, news by sally

“A High Court judge has rejected a council’s legal challenge over plans to close an accident and emergency department at a local hospital. The London Borough of Enfield had sought to challenge the decision by the Barnet, Enfield and Haringey clinical commissioning groups (the ‘CCGs’) and the Barnet and Chase Farm Hospitals NHS Trust to close the A&E department at Chase Farm Hospital with effect from 9 December this year.”

Full story

Local Government Lawyer, 13th November 2013

Source: www.localgovernmentlawyer.co.uk

Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog

“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”

Full story

UK Human Rights Blog, 11th November 2013

Source: www.ukhumanrightsblog.com

High Court date set for office-to-home conversion rights challenge – OUT-LAW.com

Posted November 12th, 2013 in housing, judicial review, local government, news, planning by sally

“A judicial review of the Government’s procedure in deciding which areas to exempt from recently introduced rights allowing offices to be transformed into homes without planning permission will be heard in the High Court on 4 December.”

Full story

OUT-LAW.com, 11th November 2013

Source: www.out-law.com

G4S staff at Brook House centre ‘falsified document’ – BBC News

“A High Court judge has asked prosecutors to consider forgery and contempt charges after claiming staff at an immigration removal centre falsified a document.”

Full story

BBC News, 11th November 2013

Source: www.bbc.co.uk

Elizabeth House judicial review granted – OUT-LAW.com

Posted November 11th, 2013 in environmental protection, judicial review, local government, London, news, planning by michael

“A High Court judge yesterday granted permission to an application by Westminster City Council and English Heritage for a judicial review of the decision by the Secretary of State (SoS) not to call in proposals for a £800 million redevelopment of Elizabeth House near London’s Waterloo Station.”

Full story

OUT-LAW.com, 8th November 2013

Source: www.OUT-LAW.com

Publishers lodge appeal over ruling against judicial review of royal charter – The Guardian

Posted November 7th, 2013 in appeals, charters, injunctions, judicial review, media, news by sally

“Industry takes case to court of appeal after high court rejected its application for an emergency injunction over new press regulator.”

Full story

The Guardian, 6th November 2013

Source: www.guardian.co.uk

Lord Chief Justice: public should decide if Islamic veil should be allowed in court – Daily Telegraph

“The most senior judge in England and Wales says a public consultation will open on the ‘divisive’ subject soon.”

Full story

Daily Telegraph, 5th November 2013

Source: www.telegraph.co.uk

Single mothers lose legal challenge to benefit cap – BBC News

Posted November 5th, 2013 in benefits, human rights, judicial review, news, social security by sally

“Three single mothers and their children have lost a legal challenge to the government’s benefit cap.”

Full story

BBC News, 5th November 2013

Source: www.bbc.co.uk

Anything Goes? – Criminal Law and Justice Weekly

Posted November 4th, 2013 in enforcement notices, guilty pleas, judicial review, magistrates, news, planning by sally

“Has Rahmdezfouli stemmed the march against formalism, asks Dan Bunting.”

Full story

Criminal Law and Justice Weekly, 2nd November 2013

Source: www.criminallawandjustice.co.uk

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same – WLR Daily

Posted November 4th, 2013 in asylum, EC law, judicial review, law reports by sally

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same [2013] EWHC 3295 (Admin); [2013] WLR (D) 414

“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Al Quaida list and the use of prerogative powers – UK Human Rights Blog

“There was nothing unlawful in the Foreign Secretary’s decision to allow a UK resident to be added to the UN’s Consolidated List of members of Al-Quaida and its associates.”

Full story

UK Human Rights Blog, 1st November 2013

Source: www.ukhumanrightsblog.com

Liz Fisher: The Proposal for a New Specialist Planning Chamber and the Framing of Administrative Law – UK Constitutional Law Group

Posted November 1st, 2013 in courts, environmental protection, judicial review, news, planning, tribunals by sally

“One of proposals in the Ministry of Justice’s paper on Judicial Review: Proposals for Further Reform is the creation of a new specialist planning chamber as part of the Upper Tribunal. While planning tends to be thought of as a niche area of public law (and a technically dense one at that) the way in which the paper frames discussion should give public lawyers pause for thought. This is particularly when planning judicial reviews have often been cited by government representatives as examples of why reform is needed to judicial review. The Further Reforms paper is no exception – the only two ‘case studies’ (albeit no case names) given in the paper are of judicial review of planning decisions (p 5 and 6).”

Full story

UK Constitutional Law Group, 1st November 2013

Source: www.ukconstitutionallaw.org

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

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302 ;   [2013] WLR (D)  412

“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”

WLR Daily, 29th October 2013

Source: www.iclr.co.uk

Sainsbury’s vs Tesco dispute winds up in court – The Independent

Posted October 30th, 2013 in advertising, complaints, judicial review, news, ombudsmen by sally

“A bitter dispute between Sainsbury’s and Tesco is set to hit the courts after the UK’s second biggest supermarket said it would seek a judicial review into the advertising watchdog’s decision not to uphold a complaint against their bigger rival.”

Full story

The Independent, 30th October 2013

Source: www.independent.co.uk

Supreme court to make final ruling on Poundland case – The Guardian

“The UK supreme court will hand down judgment on Wednesday morning in what is expected to be the final chapter in a long-running dispute between the Department of Work and Pensions and former jobseeker Cait Reilly over the legality of so-called workfare schemes.”

Full story

The Guardian, 30th October 2013

Source: www.guardian.co.uk

Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog

“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”

Full story

UK Human Rights Blog, 28th October 2013

Source: www.ukhumanrightsblog.com

When a decision-maker gives retro-reasons – UK Human Rights Blog

Posted October 28th, 2013 in appeals, housing, judicial review, local government, news, planning, reasons by sally

“This planning judicial review tackles the problem posed by an authority who says one thing in its formal reasons granting planning permission, and another thing in the court proceedings when the grant is challenged.”

Full story

UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com