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’.”

Full story

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.”

Full story

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

Legal fight over high-speed rail – BBC News

“Campaigners against the HS2 rail scheme have confirmed they will make two court bids to halt the £33bn project.”

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BBC News, 3rd April 2012

Source: www.bbc.co.uk

Chechnyan can return to UK, rule judges – The Independent

Posted April 2nd, 2012 in appeals, asylum, intelligence services, judicial review, news by sally

“A man deemed likely to help try to kill a Russian politician on Britain’s streets has been allowed to return to the UK to fight to stay in the country.”

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The Independent, 2nd April 2012

Source: www.independent.co.uk

High court should seize chance to curb government’s workfare programme – The Guardian

Posted March 30th, 2012 in benefits, judicial review, news, unemployment, volunteers by tracey

“It may not be slave labour, but forcing people to work for free could breach human rights laws.”

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The Guardian, 30th March 2012

Source: www.guardian.co.uk

R (King) v Secretary of State for Justice: R (Bourgass and another) v Same – WLR Daily

R (King) v Secretary of State for Justice: (Bourgass and another) v Same: CA Civ 376;  [2012] WLR (D)  102

“For the purposes of article 6 of the European Convention on Human Rights there was no civil right derived from domestic and common law to associate with fellow prisoners, so that an administrative decision to segregate or continue segregation of a prisoner was not a determination of such a right.”

WLR Daily, 27th Mach 2012

Source: www.iclr.co.uk

Cornish waste incinerator case reversed- expectation not legitimate after all – UK Human Rights Blog

Posted March 30th, 2012 in environmental protection, judicial review, news, planning, pollution by tracey

“The CA has just held that Collins J was wrong to hold (per my previous post) that the local NGO had a legitimate expectation that the Secretary of State would decide an air pollution issue, rather than leave it to the Environment Agency. In a nutshell, the Inspector (and hence the Secretary of State) was entitled to change his mind on this issue. So the expectation crumbled, and so did this judicial review to quash a decision to allow a waste incinerator to proceed.”

Full story

UK Human Rights Blog, 30th March 2012

Source: www.ukhumanrightsblog.com

Promptness yet again in judicial review: It’s Complicated – UK Human Rights Blog

Posted March 29th, 2012 in appeals, EC law, judicial review, news, planning by sally

“Two first-instance cases last year (Buglife, and Broads) considered whether a defendant to a judicial review involving a European point can complain that the proceedings were not commenced ‘promptly’ even though they were commenced within the 3 month time limit. Both judges decided that this argument could not be advanced, even though the wording in CPR rule 54.5(1) reads ‘promptly and in any event not later than 3 months.’ The Court of Appeal has now (by a whisker) approved these cases, though there was a vigorous dissent on one important point from Carnwath LJ. The point was in one sense academic, because the Court thought there was no merit in the underlying proceedings, but the ruling is still important.”

Full story

UK Human Rights Blog, 29th March 2012

Source: www.ukhumanrightsblog.com

Back-to-work schemes to face court hearing – The Guardian

Posted March 19th, 2012 in benefits, judicial review, news, unemployment by sally

“The government will have to defend two of its back-to-work schemes against accusations they exploit the unemployed as forced labour after a high court judge granted a hearing that could see benefit regulations overturned.”

Full story

The Guardian, 18th March 2012

Source: www.guardian.co.uk

Human rights watchdog intervenes in ‘do not resuscitate’ case – The Guardian

“The UK’s human rights watchdog is intervening in a landmark case over the use of ‘do not resuscitate’ orders for NHS patients.”

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The Guardian, 9th March 2012

Source: www.guardian.co.uk

Regina (NM) v Islington Borough Council – WLR Daily

Posted March 2nd, 2012 in community care, judicial review, law reports, social services by tracey

Regina (NM) v Islington Borough Council: [2012] EWHC 414 (Admin);  [2012] WLR (D)  52

“When considering whether a duty of assessment of needs for community care services had arisen under section 47(1) of the National Health Service and Community Care Act 1990 the interpretation of the words ‘may be in need of any such services’ covered both cases of present need and a narrow penumbra of cases of reasonably predictable future need.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Court of Appeal allows 584 home Blackpool development despite RSS revocation – OUT-LAW.com

Posted February 29th, 2012 in appeals, housing, judicial review, local government, news, planning by tracey

“The Court of Appeal has allowed a 584 home development in Blackpool to go ahead, dismissing an appeal against permission for the development. ”

Full story

OUT-LAW.com, 28th February 2012

Source: www.out-law.com

Poor not singled out by rise in university fees, rules court – UK Human Rights Blog

Posted February 23rd, 2012 in fees, human rights, judicial review, news, universities by sally

“This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when the extent of judicial intervention into political decision-making is the subject of much debate in the legal profession and academia, thanks to Lord Sumption’s FA Mann Lecture on the subject late last year and its recent rebuttal by Sir Stephen Sedley.”

Full story

UK Human Rights Blog, 22nd February 2012

Source: www.ukhumanrightsblog.com

Why judicial review didn’t overturn tuition fees – The Guardian

Posted February 20th, 2012 in fees, judicial review, news, universities by sally

“The case is a prime example of how judges’ relationship with administrative decision-making is changing.”

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The Guardian, 20th February 2012

Source: www.guardian.co.uk

Bideford council to appeal against ban on prayers during meetings – The Guardian

Posted February 20th, 2012 in Christianity, judicial review, local government, news by sally

“Until this week, perhaps, Bideford owed its greatest claim to fame to its 1682 witch trials when three women were sent to the gallows in the reputed last hangings for witchcraft in England.”

Full story

The Guardian, 17th February 2012

Source: www.guardian.co.uk