Wind farm development – A Note on some recent legal issues for decision makers – No.5 Chambers

Posted January 24th, 2012 in consultations, energy, judicial review, news, planning by sally

“Onshore wind, and energy infrastructure generally, is a form of development which gives rise to strongly held views, on all sides. Resolving the competing environmental and policy issues is difficult enough, but this form of development also has a propensity to attract legal challenge.”

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No.5 Chambers, 20th January 2012

Source: www.no5.com

R (Associated Newspapers) v Lord Justice Leveson: Challenge to Anonymity Ruling Dismissed – UK Human Rights Blog

Posted January 23rd, 2012 in anonymity, evidence, inquiries, judicial review, media, news, privacy by sally

“On Friday 20 January 2012 the Administrative Court dismissed the second application for judicial review of the Leveson Inquiry. The Court dismissed an application by Associated Newspapers (supported by the Daily Telegraph) to quash the decision of the Chairman, Lord Justice Leveson. decision to admit evidence from journalists who wish to remain anonymous on the ground that they fear career blight if they identify themselves.”

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UK Human Rights Blog, 22nd January 2012

Source: www.ukhumanrightsblog.com

Michael Gove faces legal action as rebel primary battles his academy plan – The Guardian

Posted January 9th, 2012 in education, judicial review, news by tracey

“Michael Gove, the education secretary, is facing legal action by the primary school whose supporters he branded as ‘ideologues’ last week for fighting his plans to turn it into an academy. Lawyers for the governing body of Downhills primary in Haringey, north London, have escalated the row by accusing Gove of illegally trying to force the school to become independent of its local authority and be taken over by a sponsor. The Tory cabinet minister has been given less than two weeks to respond to a ‘statement of claim’ against him or face a judicial review over his conduct, which parents at the school say has been unfair and politically motivated.”

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The Guardian, 7th January 2012

Source: www.guardian.co.uk

Couple win IVF funding battle with NHS – Daily Telegraph

Posted December 20th, 2011 in assisted reproduction, health, judicial review, news by tracey

“A couple have won a rare victory over a health authority’s strict rules on infertility treatment, in a decision that could give hope to other would-be parents.”

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Daily Telegraph, 19th December 2011

Source: www.telegraph.co.uk

Dr David Kelly inquest ruling challenge fails – BBC News

Posted December 20th, 2011 in appeals, inquests, judicial review, news by tracey

“A bid to bring a High Court challenge over the attorney general’s refusal to give his consent for a new inquest into the death of Dr David Kelly has failed.”

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BBC News, 19th December 2011

Source: www.bbc.co.uk

Brent library closure campaigners lose legal battle – BBC News

Posted December 19th, 2011 in judicial review, libraries, local government, news by tracey

“Campaigners have failed in a legal bid to thwart the closure of several libraries in north-west London.”

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BBC News, 19th December 2011

Source: www.bbc.co.uk

Council ordered to put the brakes on ‘nightlife tax’ – The Independent

Posted December 16th, 2011 in judicial review, local government, news, parking by tracey

“Theatre-goers, restaurateurs and night workers throughout London’s West End were celebrating yesterday after plans to introduce evening and weekend parking charges were shelved until after the Olympic Games. The proposed charges, dubbed a ‘tax on nightlife’, had infuriated impresarios and business owners alike. They have been temporarily dropped after a High Court judge said they risked damaging local businesses.”

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The Independent, 16th December 2011

Source: www.independent.co.uk

 

Court blow to solar power subsidy cut – The Independent

Posted December 16th, 2011 in energy, environmental protection, judicial review, news by tracey

“Government plans to slash solar power subsidies were dealt a blow yesterday, after a High Court judge ordered an urgent hearing into the move. Mr Justice Mitting ordered a judicial review to be held next week into the Government’s decision to halve so-called feed-in-tariff solar power subsidies after hearing an application by Friends of the Earth.”

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The Independent, 16th December 2011

Source: www.independent.co.uk

 

Successful challenge to library closures: lip service not enough for equality duties – Shaheen Rahman – UK Human Rights Blog

Posted November 24th, 2011 in judicial review, libraries, news by sally

“In the administrative court, the decisions of two local authorities to withdraw funding for library services were held to be unlawful.”

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UK Human Rights Blog, 24th November 2011

Source: www.ukhumanrightsblog.com

Investigation team “lacks necessary independence” for MOD ill-treatment allegations – UK Human Rights Blog

Posted November 23rd, 2011 in appeals, armed forces, inquiries, Iraq, judicial review, news, torture by sally

“The Court of Appeal has ruled that the Iraq Historic Allegations Team, set up to investigate allegations of ill-treatment of Iraqi detainees by members of the British armed forces, lacked the requisite independence to fulfil the investigatory obligation under Article 3 of the Convention.”

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UK Human Rights Blog, 23rd November 2011

Source: www.ukhumanrightsblog.com

UK Uncut accuses Revenue & Customs of delaying judicial review – The Guardian

Posted November 23rd, 2011 in corporation tax, delay, judicial review, news, tax avoidance by sally

“The campaign group trying to recoup £10m in unpaid tax penalties from Goldman Sachs has accused Revenue & Customs of delaying a judicial review of the controversial settlement it made letting the bank off the money it owed.”

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The Guardian, 22nd November 2011

Source: www.guardian.co.uk

Regina (Garland) v Secretary of State for Justice and another – WLR Daily

Posted November 21st, 2011 in disciplinary procedures, judicial review, law reports, prisons, time limits by tracey

Regina (Garland) v Secretary of State for Justice and another: [2011] EWCA Civ 1335;  [2011] WLR (D)  333

“Under rule 53(1) of the Prison Rules 1999 prison authorities were allowed a full 48 hours from discovery of an offence against discipline to lay a charge against a prisoner, and longer where there were exceptional circumstances making it impossible to lay the charge within that time.”

WLR Daily, 17th November 2011

Source: www.iclr.co.uk

Court allows challenges against library closures – The Guardian

Posted November 16th, 2011 in appeals, budgets, judicial review, libraries, local government, news by sally

“Campaigners won the latest legal battle over library closures when a judge in London allowed challenges against plans to shut libraries in Gloucestershire and Somerset.”

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The Guardian, 16th November 2011

Source: www.guardian.co.uk

One of the “great unspoken problems” about human rights law – UK Human Rights Blog

Posted November 15th, 2011 in human rights, judicial review, judiciary, news, parliament by sally

“… is at the core of Jonathan Sumption QC’s FA Mann lecture. His central point is not human rights as such, but our misconception of Parliament and the perceived need for judicial constraints on the action of the state.”

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Uk Human Rights Blog, 15th November 2011

Source: www.ukhumanrightsblog.com

Courts step in to save vulnerable from cuts – The Independent

Posted November 14th, 2011 in budgets, community care, disabled persons, judicial review, local government, news by sally

“Two disabled men who faced losing their right to care won a landmark High Court case yesterday over cost cutting by their council. It was the latest in a series of rulings that threatens to disrupt the Government’s attempts to slash local authority spending.”

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The Independent, 12th November 2011

Source: www.independent.co.uk

Council’s social care cuts are unlawful, high court rules – The Guardian

Posted November 11th, 2011 in budgets, community care, judicial review, local government, news by tracey

“Two severely disabled adults have won a landmark high court battle over cost-cutting by their local authority when a judge ruled that Isle of Wight council’s plans to reduce its adult social care budget are unlawful.”

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The Guardian, 11th November 2011

Source: www.guardian.co.uk

Bubb v Wandsworth London Borough Council – WLR Daily

Posted November 11th, 2011 in appeals, homelessness, housing, judicial review, law reports, local government by tracey

Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285;  [2011] WLR (D)  323

“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

UK solar companies take legal action against subsidies cuts – The Guardian

Posted November 11th, 2011 in energy, judicial review, news by tracey

“A coalition of UK solar companies has initiated legal action against the government in response to its plans to more than halve solar subsidies.”

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The Guardian, 10th November 2011

Source: www.guardian.co.uk

Council cuts to elderly care fees ruled illegal – Daily Telegraph

Posted November 11th, 2011 in budgets, care homes, elderly, judicial review, local government, news by tracey

“Councils across England could be forced to spend hundreds of millions of pounds extra on care for the elderly after a landmark High Court case.”

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Daily Telegraph, 10th November 2011

Source: www.telegraph.co.uk

Jonathan Sumption shows a certain naivety – The Guardian

“The supreme court’s newest recruit worries that judges are making policy. But parliament always has the last word.”

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The Guardian, 9th November 2011

Source: www.guardian.co.uk