MoJ plans for judicial review reform face sceptical response from lawyers – Legal Week

Posted November 20th, 2012 in judicial review, legal profession, news by sally

“The Ministry of Justice (MoJ) is to reform the judicial review process in an attempt to reduce the number of ‘weak or ill-conceived cases’ the Government says are clogging up courts, with the news greeted with a sceptical response from the legal profession.”

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Legal Week, 19th November 2012

Source: www.legalweek.com

Diminishing judicial review will reverse 50 years of legal progress – The Guardian

Posted November 20th, 2012 in civil justice, judicial review, news, rule of law by sally

“We ought always to strive to streamline our judicial system, but our right of access to justice should not be lightly interfered with.”

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The Guardian, 19th November 2012

Source: www.guardian.co.uk

Boy brings legal test case over decision to put him in care – Daily Telegraph

Posted November 20th, 2012 in appeals, care orders, children, judicial review, news by sally

“A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.”

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Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Judicial review statistics: how many cases are there and what are they about? – The Guardian

Posted November 20th, 2012 in immigration, judicial review, news, statistics by sally

“The government wants to restrict judicial review cases. But how common are they anyway?”

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The Guardian, 19th November 2012

Source: www.guardian.co.uk

A war on Judicial Review? – UK Human Rights Blog

Posted November 19th, 2012 in delay, human rights, immigration, judicial review, news by sally

“The Prime Minister is to ‘get a grip’ on people forcing unnecessary delays to Government policy by cracking down on the ‘massive growth industry’ of Judicial Review.”

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UK Human Rights Blog, 19th November 2012

Source: www.ukhumanrightsblog.com

Unclogging the courts – Ministry of Justice

Posted November 19th, 2012 in delay, fees, judicial review, news by sally

“The problem of costly and spurious review cases clogging up the courts will be tackled by new plans announced by Justice Secretary Chris Grayling.”

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Ministry of Justice, 19th November 2012

Source: www.justice.gov.uk

Judicial review ‘industry’ to be restricted, says PM – The Independent

Posted November 19th, 2012 in appeals, fees, judicial review, news, planning by sally

“The right of people to mount legal challenges to decisions taken about them by public authorities is to be restricted, David Cameron will announce today.”

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The Independent, 19th November 2012

Source: www.independent.co.uk

End of the right to challenge planning rulings – Daily Telegraph

Posted November 19th, 2012 in appeals, delay, judicial review, news, planning by sally

“Residents’ rights to mount legal challenges to controversial development projects will be severely restricted, David Cameron will announce.”

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Daily Telegraph, 18th November 2012

Source: www.telegraph.co.uk

Test case could dictate admissions policy in faith schools – Daily Telegraph

“New faith schools could be forced to admit pupils from non-religious backgrounds if a judicial review currently being heard in the High Court is successful.”

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Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph

“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”

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Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

GCSE results row: high court to hear schools’ appeal for judicial review – The Guardian

Posted November 7th, 2012 in education, examinations, judicial review, news by sally

“A high court judge has ordered an urgent hearing of a legal challenge over the summer’s GCSE English controversy mounted by an alliance of pupils, schools and councils.”

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The Guardian, 6th November 2012

Source: www.guardian.co.uk

Mother of man with cerebral palsy sues hospital over son’s DNR order – The Guardian

Posted November 5th, 2012 in families, hospitals, inquests, judicial review, medical treatment, news by sally

“The mother of a 28-year-old man with cerebral palsy is suing the hospital where he died, alleging its staff failed to consult her on a decision not to attempt resuscitation and did not administer his medication appropriately.”

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The Guardian, 4th November 2012

Source: www.guardian.co.uk

High Court blocks UK detainee transfers in Afghanistan – BBC News

“The UK government has been blocked from resuming the transfer of detainees caught in Afghanistan by UK forces to the Afghan authorities.”

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BBC News, 2nd November 2012

Source: www.bbc.co.uk

Related link: Document released in court by MoD

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

No removal of right of appeal without clear and express wording – UK Human Rights Blog

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, news, taxation, tribunals, VAT by sally

“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”

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UK Human Rights Blog, 1st November 2012

Source: www.ukhumanrightsblog.com

English GCSE: Legal action launched by schools and councils – BBC News

Posted October 26th, 2012 in examinations, judicial review, news by sally

“A group of head teachers and councils has launched legal action against the exam regulator Ofqual and two exam boards over June’s English GCSE exam.”

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BBC News, 26th October 2012

Source: www.bbc.co.uk

Regina (Badger Trust) v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted October 26th, 2012 in animals, environmental health, judicial review, law reports, licensing by sally

Regina (Badger Trust)  v  Secretary of State for the Environment, Food and Rural Affairs: [2012] EWCA Civ 1286;   [2012] WLR (D)  287

“Section 10(2)(a) of the Protection of Badgers Act 1992 empowered the Secretary of State for the Environment, Food and Rural Affairs to proceed with a policy involving a grant of licences, whereby farmers and landowners, in areas said to be the worst affected by bovine tuberculosis in England, would be allowed to carry out controlled culling of badgers.”

WLR Daily, 11th September 2012

Source: www.iclr.co.uk

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

Posted October 26th, 2012 in deportation, human rights, immigration, judicial review, law reports by sally

Regina (George) v Secretary of State for the Home Department: [2012] EWCA Civ 1362; [2012] WLR (D) 290

“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Challenges to EIA screening directions could undergo judicial review – OUT-LAW.com

Posted October 26th, 2012 in appeals, environmental protection, judicial review, news, planning by sally

“The Court of Appeal could be asked to carry out a judicial review of a Secretary of State decision on a screening direction for an environmental impact assessment (EIA) and to apply a lower threshold of reasonableness than ‘Wednesbury’ unreasonableness in its assessment.”

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OUT-LAW.com, 24th October 2012

Source: www.out-law.com