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

Posted April 23rd, 2013 in consultations, delay, fees, immigration, judicial review, news, planning 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 by Justice Secretary Chris Grayling.”

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Ministry of Justice, 23rd April 2013

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

Judicial review controls unveiled – BBC News

Posted April 23rd, 2013 in civil justice, fees, immigration, judicial review, news, planning by sally

“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”

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BBC News, 23rd April 2013

Source: www.bbc.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

“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.”

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The Independent, 22nd April 2013

Source: www.independent.co.uk

Council to review wind turbine policy after High Court rejects residential “buffer zone” – OUT-LAW.com

Posted April 19th, 2013 in energy, judicial review, local government, news, planning by sally

“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.”

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OUT-LAW.com, 17th April 2013

Source: www.out-law.com

Doctor entitled to rely on GMC’s assurance that his Caribbean qualification would be acceptable in UK – UK Human Rights Blog

Posted April 18th, 2013 in appeals, doctors, education, judicial review, news, universities by sally

“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.”

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UK Human Rights Blog, 18th April 2013

Source: www.ukhumanrightsblog.com

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) [2013] EWCA Civ 322; [2013] WLR (D) 139

“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

Local authorities and the duty to consult with parents – UK Human Rights Blog

“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.”

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UK Human Rights Blog, 16th April 2013

Source: www.ukhumanrightsblog.com

Regina (Edwards and another) v Environment Agency and others (No 2) – WLR Daily

Posted April 16th, 2013 in EC law, judicial review, law reports, protective costs orders by sally

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

Detention pending deportation without regular review breaches Article 5 of the Convention – UK Human Rights Blog

Posted April 11th, 2013 in compensation, deportation, detention, human rights, judicial review, news, rape by sally

“The Strasbourg Court has ruled that a Somali national’s detention pending deportation was not lawful under domestic law.”

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UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

Judicial review expected into handling of small firm loan scheme – The Guardian

Posted April 11th, 2013 in banking, guarantees, judicial review, loans, news, small businesses by sally

“The government is facing the threat of a judicial review into its handling of an investigation into Barclays’ involvement in a state-backed loan scheme.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

Has the government broken the law over disability benefit changes? – The Guardian

Posted April 10th, 2013 in benefits, disabled persons, judicial review, news, regulations by sally

“Three disabled people have this week launched a challenge in the high court against the government’s new personal independence payment (PIP) regulations, which replace disability living allowance (DLA). In particular, the three are challenging the government’s last-minute change to the PIP regulations. Up until Monday claimants who could not walk 50 metres were entitled to DLA. The new PIP regulations reduce the distance to only 20 metres.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

Regina (Ismail) v Secretary of State for the Home Department – WLR Daily

Regina (Ismail) v Secretary of State for the Home Department [2013] EWHC 663 (Admin); [2013] WLR (D) 133

“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”

WLR Daily, March 2013

Source: www.iclr.co.uk

London Metropolitan University continues legal fight over foreign students – Daily Telegraph

Posted April 10th, 2013 in immigration, judicial review, news, universities, visas by sally

“A university which was stripped of its licence to bring overseas students into Britain is refusing to drop a legal challenge against Theresa May, the Home Secretary, even though its ability to sponsor foreigners was restored yesterday.”

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Daily Telegraph, 9th April 2013

Source: www.telegraph.co.uk

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Margaret Thatcher and the Constitution – UK Human Rights Blog

“The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.”

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UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

Convicted rapist was unlawfully detained, ECHR rules – The Guardian

Posted April 10th, 2013 in compensation, deportation, human rights, judicial review, news, rape by sally

“A convicted rapist should be compensated after being unlawfully detained for two and a half years while awaiting deportation, the European court of human rights (ECHR) has ruled.”

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The Guardian, 9th April 2013

Source: www.guardian.co.uk

Three disabled claimants launch legal action against new mobility tests – The Guardian

Posted April 8th, 2013 in benefits, disabled persons, judicial review, news by sally

“Three disabled claimants have launched a legal action to challenge the government’s more stringent tests for mobility allowances that came into force on Monday.”

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The Guardian, 8th April 2013

Source: www.guardian.co.uk

New £1,300 charge for High Court challenges against Government decisions – Daily Telegraph

Posted April 8th, 2013 in fees, immigration, judicial review, legal aid, news, solicitors by sally

“People will have to pay up to £1,300 to bring High Court challenges against Government decisions in a crackdown on spurious legal challenges, under new plans.”

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Daily Telegraph, 8th April 2013

Source: www.telegraph.co.uk

Northern barristers vote en masse to reject QASA – Law Society’s Gazette

Posted April 5th, 2013 in barristers, elections, judicial review, news, quality assurance by sally

“Northern circuit barristers have overwhelmingly voted to reject the Quality Assurance Scheme for Advocates (QASA) in a secret ballot carried out at end of the March.”

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Law Society’s Gazette, 5th April 2013

Source: www.lawgazette.co.uk

HS2 ruling: time to scale back on judicial reviews? – The Guardian

Posted April 3rd, 2013 in fees, judicial review, local government, news, time limits by sally

“It looks like it’s all systems go for HS2. The recent ruling on the high-speed rail from London to Birmingham and Manchester to Leeds gave the green light to the project. The government won nine out of the 10 points being challenged by various local authorities and action groups. It fell down on one area and has taken it on the chin agreeing to re-run its compensation consultation process.”

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The Guardian, 3rd April 2013

Source: www.guardian.co.uk

Regina (Patel) v General Medical Council – WLR Daily

Posted April 3rd, 2013 in appeals, doctors, education, judicial review, law reports, universities by sally

Regina (Patel) v General Medical Council [2013] EWCA Civ 1938; [2013] WLR (D) 128

“A professional medical body with responsibility for registering doctors was not entitled to defeat the legitimate expectation of registration of a British resident who had undertaken a long course of study by distance learning at an overseas university, relying on e-mail assurances from the defendant body that he would be entitled to register his medical qualification once awarded on completion of all the clinical requirements. The decision to refuse him registration because the criteria for accepting overseas qualifications had since changed could not stand.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk