Parents plead for 17-year-olds in custody to be treated as children – The Guardian

Posted February 27th, 2013 in detention, judicial review, news, young persons by sally

“The parents of a teenager who killed himself after being arrested have pleaded for police to treat all 17-year-olds in custody as children.”

Full story

The Guardian, 26th February 2013

Source: www.guardian.co.uk

‘Wednesbury’ unreasonableness correct test for screening direction challenges, says Court of Appeal – OUT-LAW.com

“When deciding whether an environmental impact assessment (EIA) screening direction by the Secretary of State (SoS) was lawful, the appropriate test to apply is the Wednesbury unreasonableness test, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 25th February 2013

Source: www.out-law.com

High Court challenge over 17-year-olds’ custody rights – Law Society’s Gazette

Posted February 22nd, 2013 in custody, detention, judicial review, news, police, United Nations, young offenders by sally

“The High Court will hear a legal challenge to the practice of treating 17-year-olds detained in police custody as adults, in a judicial review being brought by Just For Kids Law next week.”

Full story

Law Society’s Gazette, 22nd February 2013

Source: www.lawgazette.co.uk

Upper Tribunal issues further decision in Prince Charles’ letters saga – Panopticon

Posted February 22nd, 2013 in disclosure, judicial review, news, parliament, public interest, royal family, veto by sally

“In the latest round of the legal and political boxing match that the Evans case has become, the Upper Tribunal (‘UT’), chaired by Walker J, has decided that the government should release its ‘schedules and lists’ of ‘advocacy correspondence’ between Prince Charles and various government departments.”

Full story

Panopticon, 21st February 2013

Source: www.panopticonblog.com

Regina (Zacchaeus 2000 Trust) v Secretary of State for Work and Pensions – WLR Daily

Posted February 21st, 2013 in housing, judicial review, law reports, rent, social security by sally

Regina (Zacchaeus 2000 Trust) v Secretary of State for Work and Pensions [2013] EWHC 233 (Admin); [2013] WLR (D) 68

“The regime for the provision of housing benefit to private sector tenants enabled the Secretary of State for Work and Pensions to cap increases in permitted levels of housing benefit by reference to the general rate of inflation.”

WLR Daily, 15th February 2013

Source: www.iclr.co.uk

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others – WLR Daily

Posted February 21st, 2013 in education, examinations, judicial review, law reports by sally

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others [2013] EWHC 211 (Admin); [2013] WLR (D) 62

The court’s role in deciding a question of fundamental unfairness on a judicial review claim was supervisory. Only where a reasonable body could not fairly have acted as the defendants had did their conduct trespass into the area of conspicuous unfairness amounting to abuse of power.

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

GCSE judicial review dismissed – Education Law Blog

Posted February 14th, 2013 in examinations, judicial review, news by sally

“The Divisional Court has dismissed the claims for judicial review of the award of GCSE English qualifications in summer 2012.”

Full story

Education Law Blog, 13th February 2013

Source: www.education11kbw.com

Judicial review is increasingly essential, judges warn government – The Guardian

Posted February 14th, 2013 in civil justice, judges, judicial review, news by sally

“Supreme court president and deputy strongly defend access to legal process as fundamental to rule of law.”

Full story

The Guardian, 13th February 2013

Source: www.guardian.co.uk

GCSE English students lose court battle – The Guardian

Posted February 13th, 2013 in education, examinations, judicial review, news by sally

“Hopes that tens of thousands of GCSE English students might have their grades raised have been dashed after the high court ruled that measures exam authorities took last summer to combat grade inflation were lawful.”

Full story

The Guardian, 13th February 2013

Source: www.guardian.co.uk

GCSE grading row: Result of court case due – BBC News

Posted February 13th, 2013 in education, examinations, judicial review, news by sally

“Thousands of teenagers are awaiting a ruling from the High Court on Wednesday over the grading of GCSE English exams sat in June last year.”

Full story

BBC News, 13th February 2013

Source: www.bbc.co.uk

Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

High Court legal bid to save Leeds child heart surgery – BBC News

Posted February 11th, 2013 in children, consultations, hospitals, judicial review, medical treatment, news by sally

“The High Court is due to hear a legal challenge over plans to end child heart surgery at Leeds General Infirmary.”

Full story

BBC News, 11th February 2013

Source: www.bbc.co.uk

No cash from the UK to avoid Indonesian firing squad – UK Human Rights Blog

“In this highly publicised case, the Administrative Court has come up with some firm criteria for the scope of the Convention’s protective reach for UK citizens abroad. The judgment is also something of a body blow for those who are looking to the EU Charter of Fundamental Rights and Freedoms for a wider human rights umbrella.”

Full story

UK Human Rights Blog, 8th February 2013

Source: www.ukhumanrightsblog.com

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council – WLR Daily

Posted February 7th, 2013 in care homes, elderly, fees, judicial review, law reports, local government, news by sally

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin); [2013] WLR (D) 44

“A dispute between care providers and a local authority over the rate due for supporting the care of the elderly in care homes was amenable to judicial review.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

Regina (Ali and others) v Secretary of State for Justice – WLR Daily

Posted February 1st, 2013 in compensation, judicial review, law reports, miscarriage of justice by tracey

Regina (Ali and others) v Secretary of State for Justice: [2013] EWHC 72 (Admin);   [2013] WLR (D)  35

“A useful test to determine whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, was whether he had established, beyond reasonable doubt, that no reasonable jury (or magistrates) properly directed as to the law, could convict on the evidence now to be considered.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

Bali drugs: UK government accused of breaching Lindsay Sandiford’s rights – The Guardian

“The government’s failure to provide an ‘adequate’ lawyer to represent a British woman sentenced to death in Indonesia for drug smuggling is a breach of her rights, the high court has been told.”

Full story

The Guardian, 31st January 2013

Source: www.guardian.co.uk

Prisoners’ rights: no tea bags please! – Halsbury’s Law Exchange

Posted January 31st, 2013 in judicial review, news, prisons by sally

“Was challenging the decision for prisoners having the right to vote a step too far?”

Full story

Halsbury’s Law Exchange, 31st January 2013

Source: www.halsburyslawexchange.co.uk

Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent

Posted January 29th, 2013 in consultations, delay, judicial review, news, planning, railways by sally

“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”

Full story

The Independent, 28th January 2013

Source: www.independent.co.uk

Barnet’s ‘easyCouncil’ faces judicial review over outsourcing – The Guardian

“The ‘easyCouncil’ model of no-frills local services is set to go on trial this spring after the High Court announced it will review a £320m services contract due to be outsourced by the Conservative-controlled London Borough of Barnet.”

Full story

The Guardian, 22nd January 2013

Source: www.guardian.co.uk

Regina (Crown Prosecution Service) v Bolton Crown Court – WLR Daily

Regina (Crown Prosecution Service) v Bolton Crown Court [2012] EWHC 3570 (Admin); [2013] WLR (D) 13

“The Crown Court had no power under regulation 3 of the Costs in Criminal Cases Regulations 1986, made under section 19(1) of the Prosecution of Offences Act 1985, to make a costs order against a party to criminal proceedings in favour of another party’s counsel.”

WLR Daily, January 2013

Source: www.iclr.co.uk