If Sumption has his way, courts will hold the foreign secretary to account – The Guardian

Posted May 17th, 2012 in judges, judicial review, news, speeches by sally

“Supreme court justice’s speech heralds the growing self-confidence of judges when addressing foreign policy issues.”

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The Guardian, 16th May 2012

Source: www.guardian.co.uk

Unlawful to refuse support for Portuguese with AIDS – Nearly Legal – UK Human Rights Blog

Posted May 16th, 2012 in AIDS, community care, health, judicial review, news by tracey

“De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin).This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community Care Act 1990.”

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UK Human Rights Blog, 15th May 2012

Source: www.ukhumanrightsblog.com

 

Afghan detainee wins right to challenge transfer – BBC News

“An Afghan detainee handed over to authorities in the country by British forces has won permission to challenge the legality of his transfer.”

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BBC News, 16th May 2012

Source: www.bbc.co.uk

Judical Review and Costs: The Latest from the Court of Appeal – Garden Court Chambers Blog

Posted May 15th, 2012 in appeals, costs, judicial review, news by sally

“Tim Baldwin analyses the decision of the Court of Appeal in M v London Borough of Croydon and its impact on costs in judicial review cases.”

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Garden Court Chambers Blog, 14th May 2012

Source: www.gclaw.wordpress.com

Taxpayers can rely on concession unless it is publicly withdrawn, rules court – OUT-LAW.com

Posted May 14th, 2012 in judicial review, news, taxation by sally

“Taxpayers are entitled to rely on a concession made by HM Revenue & Customs (HMRC) in a formal publication unless and until the concession is publicly withdrawn, according to the High Court.”

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OUT-LAW.com, 11th May 2012

Source: www.out-law.com

Taxpayers can rely on concession unless it is publicly withdrawn, rules court – OUT-LAW.com

Posted May 11th, 2012 in HM Revenue & Customs, judicial review, news, taxation by tracey

“Taxpayers are entitled to rely on a concession made by HM Revenue & Customs (HMRC) in a formal publication unless and until the concession is publicly withdrawn, according to the High Court.”

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OUT-LAW.com, 11th May 2012

Source: www.out-law.ocm

Head teachers threaten legal action over ‘flawed’ inspector ratings – Daily Telegraph

Posted May 8th, 2012 in education, judicial review, news, teachers by sally

“Head teachers are threatening legal action over school inspection judgements they consider to be ‘flawed’.”

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Daily Telegraph, 5th May 2012

Source: www.telegraph.co.uk

Batang Kali massacre hearing due to start at high court – The Guardian

Posted May 8th, 2012 in armed forces, inquiries, judicial review, news by sally

“The government will be challenged in court on Tuesday to investigate the killing by British troops of 24 Malaysian rubber plantation workers more than 60 years ago.”

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The Guardian, 7th May 2012

Source: www.guardian.co.uk

Regina (Berky) v Newport City Council – WLR Daily

Posted May 3rd, 2012 in appeals, delay, judicial review, law reports, local government by sally

Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128

“Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1).”

WLR Daily, 29th April 2012

Source: www.iclr.co.uk

“Murder most foul”: The right to life investigating homicide – UK Human Rights Blog

Posted May 2nd, 2012 in coroners, human rights, inquests, judicial review, murder, news by sally

“In what circumstances is a criminal trial not sufficient to discharge the State’s duties under Article 2, the right to life, towards a victim of murder? The High Court held last week in this tragic case that a Coroner unlawfully and unreasonably decided not to resume an inquest into the death of a teenage girl where her killer had been ruled unfit to plead at the Old Bailey and handed an indefinite hospital order.”

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UK Human Rights Blog, 1st May 2012

Source: www.ukhumanrightsblog.com

Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow… – UK Human Rights Blog

Posted May 2nd, 2012 in budgets, equality, judicial review, libraries, local government, news by sally

“‘Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow…’ Thus concludes “Library poem”, penned by Children’s Laureate and Gruffalo creator Julia Donaldson, the latest high profile recruit to the campaign against planned library closures.”

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UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties – WLR Daily

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties) [2012] EWCA Civ 499;  [2012] WLR (D)  121

“It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in what circumstances to grant a licence to remove human remains. Apart from an obligation to act rationally and otherwise in accordance with the general law, there should be no fetter on his jurisdiction, nor any justification to import a presumption of permanence.”

WLR Daily, 24th April 2012

Source: www.iclr.co.uk

Forest of Dean faces Judicial Review of its Core Strategy – OUT-LAW.com

Posted April 27th, 2012 in environmental protection, judicial review, news, planning by tracey

“Campaign group Friends of the Earth (FoE) has applied to the High Court to launch a legal challenge against the Forest of Dean District Council’s Core Strategy (CS) and Cinderford area action plan (AAP), which was adopted by the Council in February.”

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OUT-LAW.com, 26th April 2012

Source: www.out-law.com

Court of Appeal allows Barratt Homes’ east London scheme – OUT-LAW.com

Posted April 26th, 2012 in appeals, judicial review, news, planning by sally

“The Court of Appeal has rejected a local resident’s claim that Southwark Council should have ensured that better and larger community facilities were provided as part of a local development and that this was a ‘substantive legitimate expectation’.”

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OUT-LAW.com, 25th April 2012

Source: www.out-law.com

Regina (Raeside) v Luton Crown Court – WLR Daily

Posted April 25th, 2012 in detention, judges, judicial review, law reports, time limits by sally

Regina (Raeside) v Luton Crown Court [2012] WLR (D) 120

“The purpose of a custody time limit would be undermined if the court granted an extension under section 22(3) of the Prosecution of Offences Act 1985 in anything other than exceptional circumstances, and in the absence of the express consent of the defendant to the extension of that limit, the court must direct that an immediate application is made by the Crown and rigorously scrutinise the evidence to see if it is satisfied that there is good and sufficient cause.”

WLR Daily, 23rd April 2012

Source: www.iclr.co.uk

Judicial review approved into badger culling – Daily Telegraph

Posted April 23rd, 2012 in animals, health, judicial review, news by sally

“A judicial review is to be held into the Government’s decision to allow badgers to be culled in England to halt the spread of bovine TB.”

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Daily Telegraph, 21st April 2012

Source: www.telegraph.co.uk

Judge declares Christian radio ad ‘political’ – Daily Telegraph

“The proposed 30-second advert for Premier Christian Radio called on listeners to report their experiences as part of a campaign for ‘a fairer society’.”

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Daily Telegraph, 20th April 2012

Source: www.telegraph.co.uk

Redressing the Democratic Deficit in Human Rights – UK Human Rights Blog

Posted April 20th, 2012 in human rights, judicial review, news, parliament by sally

“Who should decide questions of human rights, Parliament or the courts? Is there a democratic deficit in human rights? If so, how do we go about addressing it? These are just some of the many questions asked at the conference hosted by the Arts and Humanities Council on Redressing the Democratic Deficit in Human Rights.”

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UK Human Rights Blog, 20th April 2012

Source: www.ukhumanrightsblog.com

Activists given High Court go ahead to pursue HMRC over alleged ‘sweetheart’ deals – OUT-LAW.com

Posted April 19th, 2012 in HM Revenue & Customs, judicial review, news, taxation by tracey

“A group of activists is to raise a preliminary challenge to an alleged ‘sweetheart’ tax settlement between HM Revenue and Customs (HMRC) and investment bank Goldman Sachs, according to a national newspaper.”

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OUT-LAW.com, 18th April 2012

Source: www.out-law.com

Another challenge to HS2 launched – OUT-LAW.com

Posted April 13th, 2012 in judicial review, news, planning, railways by tracey

“A further legal challenge has been launched against the Government’s decision to proceed with the proposed £33 billion High Speed 2 network, which will provide high speed rail links between major cities in the UK.”

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OUT-LAW.com, 12th April 2012

Source: www.out-law.com