Local authority loses judicial review over refusal by minister to revoke academy order for school council considered should close – Local Government Lawyer

Posted July 23rd, 2024 in judicial review, local government, ministers' powers and duties, news by tracey

‘The London Borough of Islington has lost a judicial review claim against a decision by the Secretary of State for Education to refuse to revoke an Academy Order for a school the council considered should close.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Suella Braverman’s decision to drop Windrush recommendations unlawful, court rules – The Guardian

‘A decision by the former home secretary Suella Braverman to drop two recommendations intended to repair some of the harm done to the Windrush generation was unlawful, the high court has ruled.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

Court of Appeal judgment in second Manston Airport challenge – 39 Essex Chambers

‘On 21 May 2024, the Court of Appeal handed down judgment in R (on the application of Dawes) v Secretary of State for Transport & Anor [2024] EWCA Civ 560. The Court of Appeal dismissed Ms Dawes’ appeal against the High Court’s dismissal of her judicial review, which challenged a (second) development consent order permitting the re-opening of Manston Airport in Kent.’

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39 Essex Chambers , 6th June 2024

Source: www.39essex.com

Domestic abuse survivors ‘put in danger by early prison release of perpetrators’ – The Guardian

‘Survivors of domestic abuse have been put in danger by ministers’ failure to give notice of the early release from prison of their abusers, a Home Office adviser has said.’

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The Guardian, 8th May 2024

Source: www.theguardian.com

Michael Gove guilty of standards breach for not registering VIP football tickets – The Guardian

‘Michael Gove breached standards rules by failing to register hospitality he enjoyed with a Conservative donor whose company was awarded personal protective equipment contracts during the Covid pandemic, parliament’s sleaze watchdog has found.’

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The Guardian, 25th March 2024

Source: www.theguardian.com

Minister told to name sources in Afghan inquiry or face potential jail term – The Guardian

‘The minister for veterans’ affairs, Johnny Mercer, has been given 10 days to reveal the source of allegations British troops engaged in war crimes in Afghanistan, or face a potential prison sentence.’

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The Guardian, 26th March 2024

Source: www.theguardian.com

West Midlands PCC wins case to stop his powers being given to Tory mayor – The Guardian

‘The police and crime commissioner for the West Midlands has won a high court challenge against government plans to transfer his powers to the region’s mayor.’

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The Guardian, 18th March 2024

Source: www.theguardian.com

Mayor-PCC merger legal bid: How did we get here? – BBC News

‘An application for a legal review into a plan to merge the roles of West Midlands mayor and police and crime commissioner (PCC) is due to be heard in court.’

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BBC News, 12th March 2024

Source: www.bbc.co.uk

Government faces legal challenge over ‘unlawful segregation’ of asylum seekers – The Guardian

Posted October 26th, 2023 in asylum, housing, ministers' powers and duties, news, statutory duty by sally

‘The Home Office has been accused of unlawfully segregating asylum seekers from the local population based on their nationality by “falsely imprisoning” them on a remote Essex airbase.’

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The Guardian, 25th October 2023

Source: www.theguardian.com

Immigration Blog: Illegal Migration Act – An Asylum Apocalypse? – Garden Court Chambers

‘On 20 July 2023, the Illegal Migration Act 2023 (“IMA”) received Royal Assent and so passed into law. Whilst the detail of the Act’s provisions are complex, its message is simple: those entering without permission are not welcome in our home, and will not be allowed to remain. Though technically the Act applies to any person who enters the UK without permission, the clear focus of attention has been on asylum seekers.’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

Dalston Projects Limited and others v Secretary of State for Transport – Blackstone Chambers

Posted August 29th, 2023 in detention, ministers' powers and duties, news, Russia, sanctions, ships by sally

‘High Court has handed down its first decision on an application brought under s.38 of the Sanctions, Anti-Money Laundering Act 2018 (“SAMLA”) in respect of the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Sanctions Regulations”).’

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Blackstone Chambers, 21st July 2023

Source: www.blackstonechambers.com

Bring in new lobbying rules for ex-ministers by autumn, says watchdog – The Guardian

Posted July 27th, 2023 in civil servants, fines, lobbying, ministers' powers and duties, news by sally

‘No 10 should bring in new fines for ex-ministers who break the rules on lobbying in time for Rishi Sunak’s next reshuffle and tighten restrictions on former civil servants, the government watchdog has said.’

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The Guardian, 27th July 2023

Source: www.theguardian.com

Mike Gordon: Creating an Integrity and Ethics Commission in the UK: The Case for Reform and Challenges for Implementation – UK Constitutional Law Association

‘In an era of intense and continuing controversy over the rules of political responsibility, the question of how to reform the current framework of constitutional standards applicable to politicians requires serious consideration. In addition to the regularity with which allegations about ministerial irresponsibility are being raised and sometimes (eventually) addressed, there are clearly structural challenges relating to these accountability processes and practices. There are legitimate concerns about the consistency, certainty, efficacy, independence and transparency of decision-making in this context. These concerns apply to the way in which potential violations of ethical standards are investigated, and also to the way in which sanctions are (or are not – or are not for long) imposed on political actors who are found to have broken the rules. The systemic nature of the UK’s failings in this area shows the need to consider potentially radical constitutional reforms.’

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UK Constitutional Law Association, 22nd June 2023

Source: ukconstitutionallaw.org

New guidance needed to stop ministers putting friends on Whitehall boards – The Guardian

‘Ministers may be bringing in political “super-spads” through the backdoor by putting them on the boards of Whitehall departments, a leading committee of MPs has found, as it called for an overhaul of appointment rules.’

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The Guardian, 21st June 2023

Source: www.theguardian.com

New Judgment: R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

Colin Pitchfork: MP to meet Raab over double child killer’s parole – BBC News

Posted March 2nd, 2023 in ministers' powers and duties, murder, news, parole, rape by tracey

‘Justice Secretary Dominic Raab has agreed to meet a Leicestershire MP to discuss concerns over the possible release of Colin Pitchfork.’

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BBC News, 1st March 2023

Source: www.bbc.co.uk

Anti-strike bill discriminates against women, say campaigners – The Guardian

‘Feminist campaign groups have raised the alarm about the government’s anti-strike bill, which will enforce minimum service levels, saying women’s rights will be disproportionately affected by the restrictions.’

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The Guardian, 21st February 2023

Source: www.theguardian.com

Lord Pannick: Meet the lawyer representing Boris Johnson and Manchester City – BBC News

‘How often does a member of the House of Lords get cheered from the football terraces?’

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BBC News, 14th February 2023

Source: www.bbc.co.uk

Judge lambasts education secretary over lack of secure places for children – The Guardian

‘The country’s most senior family judge has accused the education secretary of “complacency bordering on cynicism” in a scathing judgment that deplores the lack of secure, therapeutic placements in England and Wales for scores of children with complex needs at risk of taking their own lives.’

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The Guardian, 31st January 2023

Source: www.theguardian.com

Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer

‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’

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Local Government Lawyer, 31st October 2022

Source: www.localgovernmentlawyer.co.uk