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
“The Divisional Court has dismissed the claims for judicial review of the award of GCSE English qualifications in summer 2012.”
Education Law Blog, 13th February 2013
Source: www.education11kbw.com
“Supreme court president and deputy strongly defend access to legal process as fundamental to rule of law.”
The Guardian, 13th February 2013
Source: www.guardian.co.uk
“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.”
The Guardian, 13th February 2013
Source: www.guardian.co.uk
“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.”
BBC News, 13th February 2013
Source: www.bbc.co.uk
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
“The High Court is due to hear a legal challenge over plans to end child heart surgery at Leeds General Infirmary.”
BBC News, 11th February 2013
Source: www.bbc.co.uk
“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.”
UK Human Rights Blog, 8th February 2013
Source: www.ukhumanrightsblog.com
“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: [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
“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.”
The Guardian, 31st January 2013
Source: www.guardian.co.uk
“Was challenging the decision for prisoners having the right to vote a step too far?”
Halsbury’s Law Exchange, 31st January 2013
Source: www.halsburyslawexchange.co.uk
“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.”
The Independent, 28th January 2013
Source: www.independent.co.uk
“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.”
The Guardian, 22nd January 2013
Source: www.guardian.co.uk
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
“A number of major media organisations have threatened to launch a legal challenge to proposed new laws affecting the UK’s copyright framework.”
OUT-LAW.com, 16th January 2013
Source: www.out-law.com
“In this unsuccessful application for permission to apply for judicial review, the Claimant sought to challenge the Defendant’s reported policy of permitting GCHQ employees to pass intelligence to the US for the purposes of drone strikes in Pakistan. The Claimant’s father was killed during such an attack in March 2011.”
UK Human Rights Blog, 9th January 2013
Source: www.ukhumanrightsblog.com
“A legal attempt by a chief constable to block the recruitment of his successor has been thrown out by the high court in London.”
The Guardian, 8th January 2013
Source: www.guardian.co.uk
“A Scientologist chapel was not a place of meeting for religious worship for the purposes of section 2 of the Places of Worship Registration Act 1855.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”
WLR Daily, 21st December 2012
Source: www.iclr.co.uk
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