“Judges are being asked to decide if HM Revenue and Customs (HMRC) acted illegally by letting investment bank Goldman Sachs off part of its tax bill.”
BBC News, 2nd May 2013
Source: www.bbc.co.uk
“This successful challenge to a decision by the Legal Aid Agency (LAA) arose from an expert assessor in family proceedings – not unnaturally – refusing to begin work unless funding was in place. If the LAA are asked to fund an assessment on behalf of a party with legal aid, then it is common for lawyers to obtain prior authority from the LAA to ensure that the expert will be paid for their work. If not, then the lawyers themselves can be liable for an expert’s costs. In this case, prior authority to pay for the expert assessment had been refused by the LAA thus resulting in further court hearings and delay in the resolution of the case for the children.”
UK Human Rights Blog, 2nd May 2013
Source: www.ukhumanrightsblog.com
“Distant relatives of Richard III have started legal proceedings to challenge the plan to bury the king’s remains in Leicester.”
BBC News, 1st May 2013
Source: www.bbc.co.uk
“Campaigners against Barnet council’s radical plan to outsource hundreds of millions of pounds worth of services, dubbed easyCouncil, are to take their case to the appeal court after a judge ruled their objection to a £320m contract had come too late.”
The Guardian, 29th April 2013
Source: www.guardian.co.uk
“The existence in English law of a ten year period after which a breach of planning control was no longer actionable was not incompatible with the terms of Council Directive 85/337/EEC (the Environmental Impact Assessment Directive).”
WLR Daily, 19th April 2013
Source: www.iclr.co.uk
“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”
UK Human Rights Blog, 28th April 2013
Source: www.ukhumanrightsblog.com
“What is the test the Court should apply in deciding whether an application is ‘totally without merit’? The question is prompted by the Lord Chancellor’s announcement on 23 April 2013 that he will press ahead with plans to reform judicial review procedure to target ‘weak, frivolous and unmeritorious cases’. A key change will be to give judges of the Administrative Court, when refusing permission to apply for judicial review on the papers, the power to certify a claim as ‘totally without merit’ (TWM), thus depriving the claimant of the right to renew the application before the court at an oral hearing.”
UK Human Rights Blog, 25th April 2013
Surce: www.ukhumanrightsblog.com
“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”
Criminal Law and Justice Weekly, 20th April 2013
Source: www.criminallawandjustice.co.uk
“Five disabled people have lost their High Court challenge over the Government’s decision to abolish a scheme that helps them live independently.”
The Independent, 24th April 2013
Source: www.independent.co.uk
“New controls will tackle the soaring number of judicial review applications being made in England and Wales.”
Ministry of Justice, 23rd April 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“The Ministry of Justice has released its response to the comments generated by the consultation paper on judicial review that was published in December. Unsurprisingly, the Government has signalled that it intends to press ahead with most of the proposals upon which it consulted.”
UK Human Rights Blog, 23rd April 2013
Source: www.ukhumanrightsblog.com
“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”
Ministry of Justice, 23rd April 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”
BBC News, 23rd April 2013
Source: www.bbc.co.uk
“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”
The Independent, 22nd April 2013
Source: www.independent.co.uk
“A council could not amend its wind turbine planning policy to ensure a larger ‘buffer zone’ between turbines and residential properties than that already set out in its local plan, the High Court has ruled.17 Apr 2013.”
OUT-LAW.com, 17th April 2013
Source: www.out-law.com
“The registration criteria for doctors trained abroad have been changed to respond to abuse by medical schools claiming false affiliations with the institutions listed in the WHO Directory. Although the 2006 rules effecting this change were lawful, the appellant had a legitimate expectation that he could rely on individual and specific assurances that he would be allowed to register on completion of his training.”
UK Human Rights Blog, 18th April 2013
Source: www.ukhumanrightsblog.com
“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”
WLR Daily, 12th April 2013
Source: www.iclr.co.uk
“This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.”
UK Human Rights Blog, 16th April 2013
Source: www.ukhumanrightsblog.com
Regina (Edwards and another) v Environment Agency and others (No 2) (C-260/11); [2013] WLR (D) 136
“The requirement pursuant to article 10a of Council Directive 85/337/EEC and article 15a of Council Directive 96/61/EC that the review by members of the public of the legality of environmental decisions by public law bodies should not be “prohibitively expensive” meant that the members of the public covered by those provisions should not be prevented from seeking or pursuing a claim for judicial review by reason of the financial burden that might arise.”
WLR Daily, 11th April 2013
Source: www.iclr.co.uk
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