judicial review – Page 90 – Current Awareness

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same – WLR Daily

Posted October 24th, 2012 in asylum, human rights, judicial review, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same [2012] EWCA Civ 1336; [2012] WLR (D) 282

“Persons who had sought, or been granted, asylum in Italy but had since come to the United Kingdom could not resist return to Italy on the ground that they faced inhuman or degrading treatment there unless it could be shown that there was a systemic deficiency in the system of refugee protection in that country. Short of such evidence, in respect of which the view of the United Nations High Commissioner for Refugees (‘UNHCR’) was pre-eminent, even powerful evidence of individual risk was of no avail.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

Not round these parts – NearlyLegal

Posted October 22nd, 2012 in ASBOs, housing, judicial review, local government, news, young persons by sally

“Did historic ASB by the daughter of a former evicted tenant allow the local authority to refuse to allow her accommodation in the same area? This was the issue in this judicial review of Bolton-at-Home’s (‘Bolton’) decision to refuse a property to Ms Carney.”

NearlyLegal, 21st October 2012

Source: www.nearlylegal.co.uk

Badger cull under threat from last-minute legal challenge – The Guardian

Posted October 22nd, 2012 in animals, budgets, environmental health, health & safety, judicial review, news by sally

“A last-minute legal challenge has dealt a fresh blow to the government’s increasingly troubled cull of badgers in England, the Observer has learned.”

The Guardian, 21st October 2012

Source: www.guardian.co.uk

GCSE English marking faces high court challenge – The Guardian

Posted October 11th, 2012 in examinations, judicial review, news by sally

“The GCSE English fiasco that meant thousands of teenagers missed out on C grades this year faces a high court challenge, it was announced on Wednesday.”

The Guardian, 11th October 2012

Source: www.guardian.co.uk

Government should have consulted Child Poverty Commission on welfare strategy – UK Human Rights Blog

Posted October 2nd, 2012 in consultations, judicial review, news, ultra vires by sally

“The government had acted unlawfully by removing the Child Poverty Commission, an advisory body set up under the Child Poverty Act 2010 . They had also acted beyond their powers by preparing a child poverty strategy without having requested and having regard to the advice of that Commission. But government is free to formulate new policy and as such there was nothing irrational about the strategy itself.”

UK Human Rights Blog, 2nd October 2012

Source: www.ukhumanrightsblog.com

All about killing badgers – UK Human Rights Blog

Posted October 1st, 2012 in animals, appeals, environmental health, judicial review, news by sally

“It is impossible to drive through the narrow and high-hedged lanes of Herefordshire without coming across the sad and inevitable outcome of car meeting badger. One estimate is that we may lose as many as 50,000 badgers a year this way. But this case is about whether we should kill a lot more badgers – deliberately.”

UK Human Rights Blog, 28th September 2012

Source: www.ukhumanrightsblog.com

Judicial pensions: will judges take Chris Grayling to court? – The Guardian

Posted October 1st, 2012 in judicial review, judiciary, news, pensions by sally

“Judicial appointments will only go to second-rate lawyers if the lord chancellor fails to do a deal that satisfies judges.”

The Guardian, 28th September 2012

Source: www.guardian.co.uk

Article 8 and Possession – NearlyLegal

Posted September 24th, 2012 in appeals, complaints, EC law, housing, human rights, judicial review, landlord & tenant, local government, news, travellers by sally

“The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become.”

NearlyLegal, 23rd September 2012

Source: www.nearlylegal.co.uk

No public inquiry into alleged 1948 massacre by British troops, yet – UK Human Rights Blog

Posted September 21st, 2012 in armed forces, colonies, homicide, inquiries, judicial review, news by sally

“Chong Nyok Keyu and ors v Secretary of State for Foreign and Commonwealth Affairs and another [2012] EWHC 2445 (Admin).

Although the High Court has rejected an attempt to force the Government to hold a public inquiry into an alleged massacre of unarmed civilians by British troops in 1948, the case represents a further example of the use of the Courts to redress historical grievances.”

UK Human Rights Blog, 21st September 2012

Source: www.ukhumanrightsblog.com

A Chagossian double bill: an environmental information contest, and a touch of Wikileaks – UK Human Rights Blog

Posted September 21st, 2012 in Diego Garcia, disclosure, government departments, judicial review, news, public interest by sally

“The manoevres by which the Chagossians were evicted from their islands in the Indian Ocean, the late 1960s and early 1970s, so to enable the US to operate an air base on Diego Garcia, do not show the UK Foreign Office in its best light. Indeed, after a severe rebuke from the courts in 2000, the FCO accepted that the original law underlying their departure was unlawful, and agreed to investigate their possible resettlement on some of their islands. The first of these new cases is an environmental information appeal concerning the next phase of the story – how the FCO decided that it was not feasible to resettle the islanders in 2002-2004.”

UK Human Rights Blog, 20th September 2012

Source: www.ukhumanrightsblog.com

High Court orders judicial review over HMR transitional fund – OUT-LAW.com

Posted September 21st, 2012 in housing, judicial review, news, planning by sally

“Campaign group Save Britain’s Heritage (SAVE) has won the right to a judicial review of the Government’s £35 million transitional fund to help councils after the closure of the Housing Market Renewal (HMR) fund.”

OUT-LAW.com, 20th September 2012

Source: www.out-law.com

GCSE grading row: examiners face legal challenge – Daily Telegraph

Posted September 21st, 2012 in examinations, judicial review, news by sally

“A group of around 150 schools, councils and education bodies have written to Ofqual, the qualifications watchdog, announcing their intention to seek a judicial review of the decision.”

Daily Telegraph, 21st September 2012

Source: www.telegraph.co.uk

Badger cull legal challenge fails at court of appeal – The Guardian

Posted September 12th, 2012 in animals, appeals, environmental protection, judicial review, news by sally

“Badger Trust fails in attempt to stop two pilot culls aimed at tackling tuberculosis in cattle.”

The Guardian, 11th September 2012

Source: www.guardian.co.uk

London Met lodges legal challenge over student visas – The Guardian

Posted September 11th, 2012 in immigration, judicial review, news, universities, visas by sally

“University seeks judicial review after losing highly trusted status for sponsoring international students.”

The Guardian, 11th September 2012

Source: www.guardian.co.uk

England badger cull court appeal – BBC News

Posted September 11th, 2012 in animals, appeals, health, judicial review, news by sally

“Badgers could be shot across England within weeks, barring a last minute legal challenge. Natural England is preparing to issue licenses that will allow farmers to shoot badgers at night in parts of Gloucestershire and Somerset.”

BBCNews, 11th September 2012

Source: www.bbc.co.uk

Local Government Law Update – 11 KBW

Posted September 5th, 2012 in armed forces, disabled persons, homelessness, housing, immigration, injunctions, judicial review, local government, news, squatting by sally

Local Government Law Update: 28 August (PDF)

11 KBW, 28th August 2012

Source: www.11kbw.com

Government to introduce fixed caps on parties’ costs in environmental judicial review proceedings from December – OUT-LAW.com

Posted August 31st, 2012 in costs, environmental protection, judicial review, news by sally

“The Government plans to introduce a cap on the extent to which the losing party to an environmental challenge will be expected to cover the winning party’s legal costs.”

OUT-LAW.com, 31st August 2012

Source: www.out-law.com

JL and the Second Bite of the Cherry – NearlyLegal

Posted August 29th, 2012 in armed forces, disabled persons, homelessness, housing, judicial review, local government, news, proportionality by sally

“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”

NearlyLegal, 27th August 2012

Source: www.nearlylegal.co.uk/blog/

Injunctions for accommodation, judicial review and prospects of success – NearlyLegal

Posted August 29th, 2012 in homelessness, housing, injunctions, judicial review, local government, news by sally

“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”

NearlyLegal, 26th August 2012

Source: www.nearlylegal.co.uk/blog/

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