Category: judicial review

“Fair play in action”: Court of Appeal considers the rules of natural justice – UK Human Rights Blog

Posted June 5th, 2013 in accountants, appeals, judicial review, news, professional conduct, tribunals by sally

“The concept of fairness embodied in the different strands of natural justice have to be seen as flexible and as not requiring the courts to lay down over rigid rules, so that where it had been agreed that a tribunal member could be temporarily absent for part of the hearing, there had been no breach of the rules of natural justice.”

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UK Human Rights Blog, 5th June 2013

Source: www.ukhumanrightsblog.com

Court lifts anonymity order in David McGreavy case – UK Human Rights Blog

Posted June 3rd, 2013 in anonymity, human rights, judicial review, media, news, public interest by sally

“Reporting restrictions on proceedings concerning a life prisoner should be discharged since the public interest in allowing media organisations to publish reports outweighed the prisoner’s human rights.”

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UK Human Rights Blog, 3rd June 2013

Source: www.ukhumanrightsblog.com

Regina (Gray and another) v Crown Court at Aylesbury – WLR Daily

Posted June 3rd, 2013 in animal cruelty, costs, disqualification, judicial review, law reports by sally

Regina (Gray and another) v Crown Court at Aylesbury [2013] EWHC 500 (Admin); [2013] WLR (D) 204

“The court ought not to record a separate conviction under section 9 of the Animal Welfare Act 2006 where a person had been found guilty of an offence under section 4 and the neglect proved under section 9 was no wider than the conduct which caused the unnecessary suffering for which there was guilt under section 4.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

Mark Aronson: Statutory Interpretation or Judicial Disobedience? – UK Constitutional Law Group

Posted June 3rd, 2013 in foreign jurisdictions, judicial review, news, statutory interpretation by sally

“In Australia as in England, courts began ‘reading down’ legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable ‘principle of legality’ entered the public lawyer’s lexicon. Judges typically explained themselves as merely engaging in an exercise of statutory interpretation, saying that in the absence of express words or an absolutely necessary implication to the contrary, they could not believe that Parliament intended to override fundamental principles, rights, or freedoms. Legislative drafters, they reasoned, were well aware of this interpretive approach, and could always respond with clearer language.”

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UK Constitutional Law Group, 3rd June 2013

Source: www.ukconstitutionallaw.org

Councils seek judicial review of Defra decision to withdraw PFI credits from waste projects – OUT-LAW.com

Posted May 30th, 2013 in government departments, judicial review, local government, news, private finance initiative, waste by sally

“Three local authorities who were told in February that the Government was withdrawing previously-awarded financial support for waste management projects have launched legal challenges to the decision.”

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OUT-LAW.com, 30th May 2013

Source: www.out-law.com

Leading lawyers criticise plans to restrict legal aid – BBC News

Posted May 30th, 2013 in government departments, judicial review, legal aid, legal profession, local government, news by sally

“Ninety leading barristers have urged the government to withdraw ‘unjust proposals’ to restrict legal aid for people demanding judicial reviews.”

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BBC News, 29th May 2013

Source: www.bbc.co.uk

Protesters launch appeal against HS2 High Court ruling – BBC News

Posted May 30th, 2013 in appeals, consultations, environmental protection, judicial review, news, railways by sally

“A protest group is to appeal against a High Court ruling that effectively gave the go ahead to the London-Birmingham section of the HS2 high-speed railway.”

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BBC News, 29th May 2013

Source: www.bbc.co.uk

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council – WLR Daily

Posted May 29th, 2013 in EC law, fees, judicial review, law reports, licensing, local government, part 36 offers, sex establishments by sally

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council [2013] EWCA Civ 591; [2013] WLR (D) 203

“Since the coming into force of the Provision of Services Regulations 2009 a local authority was not permitted, when determining the reasonable licence fee for sex establishments, to reflect in the fee which it determined the cost of enforcing the licensing system against unlicensed operators.”

WLR Daily, 24th May 2013

Source: www.iclr.co.uk

Leading barristers warn over legal aid cuts – Daily Telegraph

Posted May 29th, 2013 in barristers, budgets, judicial review, legal aid, news by sally

“Dozens of Britain’s leading barristers have warned that reforms of the legal aid system by Chris Grayling, the Justice Secretary, will ‘seriously undermine the rule of law’.”

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Daily Telegraph, 28th May 2013

Source: www.telegraph.co.uk

Too soon? – NearlyLegal

Posted May 28th, 2013 in housing, injunctions, judicial review, local government, news by sally

“Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has ‘certified that this judgment may be cited and referred to in other cases or situations. This direction is made pursuant to paragraph 6.1 of the Practice Direction (Citation of Authorities) [2001] 1 WLR 1001, CA.’. Why will become clear.”

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NearlyLegal, 27th May 2013

Source: www.nearlylegal.co.uk

Domestic violence victim seeks bedroom tax judicial review – The Guardian

Posted May 28th, 2013 in benefits, domestic violence, judicial review, local government, news, victims by sally

“A victim of domestic violence who faces losing her council home which has a secure ‘panic room’ is to challenge the government’s so-called bedroom tax.”

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The Guardian, 24th May 2013

Source: www.guardian.co.uk

Benefits cap will have catastrophic effect on families, court will hear – The Guardian

Posted May 24th, 2013 in benefits, domestic violence, families, judicial review, news by tracey

“Families will suffer catastrophic effects and victims of domestic violence may be forced to return to their abusers, it will be argued in the first test cases challenging the government’s imposition of a £500-a-week cap on benefits. A judge has already given permission for a full judicial review of claims that involve four vulnerable families relying on welfare payments. One household is facing imminent eviction, according to documents filed at the high court.”

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The Guardian, 23rd May 2013

Source: www.guardian.co.uk

Two win sickness benefit test legal challenge – BBC News

Posted May 22nd, 2013 in benefits, disability discrimination, judicial review, mental health, news, tribunals by sally

“Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.”

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BBC News, 22nd May 2013

Source: www.bbc.co.uk

Stop and Tase? – Criminal Law and Justice Weekly

Posted May 20th, 2013 in consultations, damages, judicial review, news, police, statistics, weapons by sally

“Last month saw the launch of the judicial review of the ‘Taser Roll-out Programme’. The landmark challenge comes after the Metropolitan Police Service and the Mayor’s Office for Policing and Crime (MOPAC) began the roll-out of Tasers across all 32 boroughs of London without holding a public consultation or providing the public with information about the Programme. Forty officers in each borough will be trained to use the Taser; eight officers per shift and two Emergency Response Teams will have Tasers with them at any one time. The judicial review also raises the issue that there was a legitimate expectation that the ‘Taser Policy’ across London would remain in force and that there is an arguable breach of art.2 and 3 of the European Convention of Human Rights in continuing with the implementation of the Programme.”

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Criminal Law and Justice Weekly, 18th May 2013

Source: www.criminallawandjustice.co.uk

Legal watchdog warns budget cuts will damage justice – The Guardian

Posted May 20th, 2013 in barristers, budgets, consultations, demonstrations, inquiries, judicial review, legal aid, legal representation, news, solicitors by sally

“Depriving defendants of the ability to choose their own solicitor will undermine confidence in the criminal justice system, an official legal watchdog warned on Monday.”

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The Guardian, 20th May 2013

Source: www.guardian.co.uk

UK Uncut loses legal challenge over Goldman Sachs tax deal with HMRC – The Guardian

Posted May 16th, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Campaign group UK Uncut Legal Action has lost its high court challenge over the legality of the ‘sweetheart’ tax deal between HM Revenue and Customs and Goldman Sachs.”

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The Guardian, 16th May 2013

Source: www.guardian.co.uk

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) – WLR Daily

Posted May 10th, 2013 in appeals, immigration, judicial review, law reports, tribunals by sally

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) [2013] EWHC 1144 (Admin); [2013] WLR (D) 169

“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted May 8th, 2013 in fees, immigration, judicial review, news, time limits by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today [7 May] by Justice Secretary Chris Grayling.”

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Ministry of Justice, 7th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council – Family Law Week

Posted May 7th, 2013 in care orders, children, consultations, grandparents, judicial review, local government, news by sally

“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”

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Family Law Week, 6th May 2013

Source: www.familylawweek.co.uk

More major rule of law changes, more dodgy statistics used to justify them – UK Human Rights Blog

Posted May 7th, 2013 in judicial review, legal aid, news, rule of law by sally

“‘Access to justice should not be determined by your ability to pay’, begins the Justice Secretary Chris Grayling – perhaps accompanied by a subtle wink – at the beginning of the Ministry of Justice’s new consultation document. As many readers will know, the Government is currently consulting on a second round of legal aid cuts. This time, savings of £220m per year are estimated. The consultation closes in just under a month, on 4 June 2013.”

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UK Human Rights Blog, 5th May 2013

Source: www.ukhumanrightsblog.com