QASA claimants granted costs cap – but at 10 times the level they wanted – Legal Futures

“The High Court has capped the costs exposure of the four barristers bringing a judicial review against the Legal Services Board (LSB) over the Quality Assurance Scheme for Advocates (QASA) – but at a level 10 times the one they had proposed.”

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Legal Futures. 10th October 2013

Source: www.legalfutures.co.uk

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) – Supreme Court

Posted October 9th, 2013 in appeals, citizenship, immigration, Iraq, judicial review, law reports, Supreme Court by sally

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) [2013] UKSC 62 | UKSC 2012/0129 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Why Mrs Litvinenko did not get her PCO – but what if it had been an environmental claim? – UK Human Rights Blog

“An extraordinary story which would have raised our eyebrows at its implausibility had it come from our spy novelists. In late 2006, Alexander Litvinenko was murdered by polonium-210 given to him in London. He was an ex-Russian Federation FSB agent, but by then was a UK citizen. He had accused Putin of the murder of the journalist Anna Politovskaya. He may or may not have been working for MI6 at the time of his death. The prime suspects for the killing are in Russia, not willing to help the UK with its inquiries. But rightly, in one form or another, we want to know what really happened.”

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UK Human Rights Blog, 9th October 2013

Source: www.ukhumanrightsblog.com

High Court gives green light to QASA judicial review – Legal Futures

“Criminal barristers were yesterday given permission to pursue their judicial review against the Legal Services Board over the Quality Assurance Scheme for Advocates (QASA).”

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Legal Futures, 8th October 2013

Source: www.legalfutures.co.uk

First council-promoted Planning Act 2008 scheme survives judicial review – Local Government Lawyer

“A High Court judge has dismissed a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008.”

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Local Government Lawyer, 4th October 2013

Source: www.localgovernmentlawyer.co.uk

Lord chancellor faces legal aid court action – Law Society’s Gazette

Posted October 4th, 2013 in housing, judicial review, law firms, legal aid, news by sally

“A leading East Midlands firm is to take court action against the lord chancellor Chris Grayling over restrictions on its legal aid contract.”

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Law Society’s Gazette, 3rd October 2013

Source: www.lawgazette.co.uk

Legal blow for widow of poisoned spy Alexander Litvinenko who risks bankruptcy by continuing her battle for a public inquiry – The Independent

Posted October 4th, 2013 in costs, families, inquiries, judicial review, news, poisoning, spying by sally

“Marina Litvinenko’s fight for answers over the suspicious death of her husband, Alexander, has suffered another defeat after judges refused to protect her from facing crippling costs if she loses her legal battle for a public inquiry.”

Full story

The Independent, 3rd October 2013

Source: www.independent.co.uk

Bingham Centre launches independent review of Administrative Court – Litigation Futures

Posted October 3rd, 2013 in Administrative Court, judicial review, legal aid, news by sally

“The Bingham Centre for the Rule of Law has launched its own review of how to improve the conduct of judicial review cases in light of the government’s own proposals.”

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Litigation Futures, 2nd October 2013

Source: www.litigationfutures.com

Neuberger urges government caution over judicial review reform – Litigation Futures

Posted October 3rd, 2013 in diversity, judges, judicial review, judiciary, news, women by sally

“The president of the Supreme Court has urged the government to tread very carefully when considering whether to restrict the ability of people to bring judicial reviews.”

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Litigation Futures, 3rd October 2013

Source: www.litigationfutures.com

Benefit cap faces High Court challenge – BBC News

Posted October 3rd, 2013 in benefits, illegality, judicial review, news, social services by sally

“Three families are challenging the government in court in a bid to prove its benefits cap is unlawful.”

Full story

BBC News, 2nd October 2013

Source: www.bbc.co.uk

And another one… – Nearly Legal

“Another bedroom tax judicial review has just been issued.”

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Nearly Legal 30th September 2013

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

Aarhus, the A-G, and why the rules on interim remedies need to change – UK Human Rights Blog

“I did an initial post here summarising this opinion from the A-G to the CJEU saying that the UK was in breach of two EU Directives about environmental assessment and pollution control – the breaches concerned our system for litigation costs. It struck me that there was a lot in the opinion, and after some re-reads, I continue to think so. So I will deal in this post with one aspect, namely the finding that the UK is in breach, in requiring an undertaking as to damages by the claimant to back up the claimant’s interim injunction – in the jargon, a cross-undertaking.”

Full story

UK Human Rights Blog, 27th September 2013

Source: www.ukhumanrightsblog.com

Advocacy standards scheme for criminal trials starts – BBC News

Posted September 30th, 2013 in advocacy, barristers, criminal procedure, judicial review, licensing, news, standards by sally

“A new scheme has come into force to ensure advocates in criminal trials meet a standard of competence.”

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BBC News, 30th September 2013

Source: www.bbc.co.uk

Taking the Government to Court – BBC Unreliable Evidence

Posted September 26th, 2013 in judicial review, news by sally

“Is our legal right to challenge the power of government under threat? Clive Anderson and guests discuss concerns that Government proposals to limit the use of judicial review could result in unlawful decisions by government and other public bodies going unchecked.”

Listen

BBC Unreliable Evidence, 25th September 2013

Source: www.bbc.co.uk

Judge quashes “exclusive” golf course decision- and why we need judicial review – UK Human Rights Blog

“This is a successful judicial review of the grant of planning permission to a proposed new golf club in leafy Surrey – where one central issue was whether, in planning policy terms, there was a ‘need’ for the club. The local planning officers had advised the council against the proposal, but the members voted in favour of it (just), hence this challenge. It succeeded on grounds including perversity, which is pretty rare, especially in the planning context, but, when one looks at the judgment, you can readily see why the judge concluded as he did. ”

Full story

UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place – UK Constitutional Law Group

Posted September 18th, 2013 in human rights, judicial review, news, parliament, proportionality, rule of law by sally

“To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good reason. Like the controversy about the foundations of judicial review in which many public lawyers engaged energetically over a decade ago, the controversy about substantive review is ultimately a manifestation of underlying disagreements concerning the nature, status and interaction of fundamental constitutional principles, including the rule of law, the separation of powers and the sovereignty of Parliament. It is hardly surprising, then, that questions about the intensity of review and (what amounts to the reverse side of the same coin) deference remain under active discussion long after the debate was ignited by the entry into force of the Human Rights Act 1998.”

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UK Constitutional Law Group, 17th September 2013

Source: www.ukconstitutionallaw.org

BSB presses ahead with QASA preparations despite judicial review – Legal Futures

Posted September 17th, 2013 in barristers, costs, judicial review, news, quality assurance by sally

“The Bar Standards Board (BSB) has pledged to continue with preparations for the Quality Assurance Scheme for Advocates (QASA) notwithstanding the judicial review against the scheme launched last week.”

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Legal Futures, 17th September 2013

Source: www.legalfutures.co.uk

Veils in Court, Grayling and the Left & Legal Aid Anxieties – The Human Rights Roundup

“Welcome back to the UK Human Rights Roundup, your regular breakfast cereal variety box of human rights news and views. The full list of links can be found here. You can find previous roundups here. Post by Sarina Kidd, edited and links compiled by Adam Wagner.”

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UK Human Rights Blog, 16th September 2013

Source: www.ukhumanrightsblog.com

Robert Thomas: Immigration judicial reviews – UK Constitutional Law Group

Posted September 13th, 2013 in government departments, immigration, judicial review, news, statistics, tribunals by sally

“There is much current debate over judicial review, prompted in large part by successive government consultation papers. This note provides an overview of recent developments concerning immigration judicial reviews, which have, for many years, provided the bulk of all judicial review claims.”

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UK Constitutional Law Group, 12th September 2013

Source: www.ukconstitutionallaw.org