judicial review – Page 86 – Current Awareness

Richard III reburial plans breach human rights, say descendants – Daily Telegraph

Posted March 27th, 2013 in burials and cremation, human rights, judicial review, news by sally

“Fifteen living relatives of the monarch, the last English king to die in battle almost 500 years before the European convention on human rights came into force, are threatening to launch a legal challenge seeking the Richard III’s reburial in York Minster, rather than the proposed Leicester Cathedral. An application for judicial review is to be lodged by lawyers in Leeds on behalf of the Plantagenet Alliance to bring the action against the Ministry of Justice, which granted the archaeological excavation licence to Leicester University, the Guardian reported.”

Daily Telegraph, 27th March 2013

Source: www.telegraph.co.uk

Privacy, Protests and Policing – Panopticon

Posted March 20th, 2013 in data protection, demonstrations, human rights, investigatory powers, judicial review, news, police by sally

“In Catt v ACPO and others; T v Commissioner of Police of the Metropolis and another [2013] EWCA Civ 192, the Court of Appeal considered two appeals regarding the powers of the police to collect and retain personal information about members of the public. Both cases turned on the application of Article 8 of the Convention; in both, the Court held that there had been an interference with the Article 8(1) right to respect for private life, and that the interference was not justified under Article 8(2).”

Panopticon, 20th March 2013

Source: www.panopticonblog.com

Barnet council faces high court review of budget cuts – The Guardian

Posted March 19th, 2013 in budgets, disabled persons, judicial review, local government, news by sally

“The ‘easyCouncil’ model of no-frills local services faces a high court challenge today, with locals from the London Borough of Barnet, including the disabled resident Maria Nash who is bringing the action, calling for a £320m privatisation deal to be scrapped.”

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 18th, 2013 in judicial review, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council [2013] EWHC 513 (Admin); [2013] WLR (D) 101

“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Setback for high speed rail after High Court ruling – Daily Telegraph

Posted March 15th, 2013 in consultations, environmental protection, judicial review, news, railways by sally

“The Government’s HS2 high-speed rail scheme suffered a setback today when the
High Court ruled that the consultation process for compensating those affected
by the multibillion-pound project ‘was so unfair as to be unlawful’.”

Daily Telegraph, 15th March 2013

Source: www.telegraph.co.uk

High Court to rule on bid to derail HS2 – Daily Telegraph

Posted March 15th, 2013 in consultations, environmental protection, judicial review, news, railways by sally

“Opponents are asking a judge in London to declare in a series of five cases that
the multi-billion pound project is legally flawed and must be sent back for
reconsideration.”

Daily Telegraph, 15th March 2013

Source: www.telegraph.co.uk

Disabled people in legal bid to save living fund – BBC News

Posted March 13th, 2013 in budgets, disabled persons, housing, judicial review, local government, news, residential care by sally

“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”

BBC News, 13th March 2013

Source: www.bbc.co.uk

Disclosure of ill-treatment allegations would breach nurse’s human rights, rules High Court – UK Human Rights Blog

Posted March 12th, 2013 in disclosure, human rights, judicial review, news, nurses, proportionality, vetting by sally

“This was an application for judicial review, and a claim under the Human Rights Act 1998, in respect of the defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate dated 12th October 2012.”

UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

Appeals on the merits: only pick a hole if you can fill it – Competition Bulletin from Blackstone Chambers

Posted March 11th, 2013 in appeals, competition, judicial review, news, price fixing, tribunals by sally

“In his recent blog ‘Down the rabbit hole,’ Tom Richards described the ‘quasi judicial review within an appeal’ contained in s.193(7) Communications Act 2003 as something of a Wonderland.”

Competition Bulletin from Blackstone Chambers, 11th March 2013

Source: www.competitionbulletin.com

Campaigners win high court challenge over children’s heart surgery unit – The Guardian

Posted March 7th, 2013 in consultations, hospitals, judicial review, news by sally

“Campaigners have won a high court challenge over proposed changes to children’s heart surgery services in England.”

The Guardian, 7th March 2013

Source: www.guardian.co.uk

Court of Appeal downplays Aarhus – UK Human Rights Blog

Posted March 5th, 2013 in environmental protection, judicial review, news, planning by sally

“There have been important pronouncements over the years by the Aarhus Compliance Committee (ACC) about whether the UK planning system complies with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).”

UK Human Rights Blog, 4th March 2013

Source: www.ukhumanrightsblog.com

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted March 4th, 2013 in appeals, disclosure, foreign jurisdictions, judicial review, law reports, news by sally

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 118; [2013] WLR (D) 84

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

JR reaction: “a dark day” for accident victims, says APIL – Litigation Futures

Posted March 4th, 2013 in accidents, fees, judicial review, legal representation, news, road safety, victims by sally

“The High Court’s rejection of the challenge to the RTA portal fee cut represents ‘a dark day’ for accident victims, the Association of Personal Injury Lawyers (APIL) has claimed.”

Litigation Futures, 4th March 2013

Source: www.litigationfutures.com

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.”

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

Posted February 26th, 2013 in appeals, environmental protection, judicial review, local government, news, planning by sally

“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.”

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.”

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.”

Panopticon, 21st February 2013

Source: www.panopticonblog.com

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