Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

Full Story

Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

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

Regina (Khan) v Secretary of State for the Home Department [2017] EWCA Civ 424

‘The claimant, a national of Pakistan, had limited leave to remain in the United Kingdom. A few days before the expiry of his leave he applied for an extension of his period of leave. The Secretary of State rejected that application on the grounds that it had not been accompanied by the required fee. Since the claimant had no right of appeal against this rejection, he submitted a renewed application accompanied by the required fee. The Secretary of State refused that application on the merits, informing the claimant that he had no right of appeal against her refusal since his renewed application had been made at a time when he had no leave to remain. The claimant sought judicial review of the Secretary of State’s determination that he had no right of appeal, contending that he had had leave to remain at the time of making his renewed application since his leave had been automatically extended pursuant to section 3C of the Immigration Act 1971 when he made his original application for an extension, and was still continuing. The claimant was granted permission to proceed with his claim, but at the full hearing the Upper Tribunal dismissed the claim on the basis that the claimant had an alternative remedy in the form of an appeal to the First-tier Tribunal.’

WLR Daily, 8th June 2017

Source: www.iclr.co.uk

Court of Appeal threshold to remain unchanged – Law Society’s Gazette

Posted August 24th, 2016 in civil procedure rules, delay, news, oral hearings, statistics by sally

‘The Law Society has welcomed a government decision not to raise the threshold for permission to take cases to the Court of Appeal as part of a package of reforms to reduce delays.’

Full story

Law Society’s Gazette, 24th August 2016

Source: www.lawgazette.co.uk

Lord Dyson “personally opposed” to changing costs rules for JR permission hearings – Litigation Futures

Posted March 11th, 2015 in costs, judicial review, news, oral hearings by tracey

‘Lord Dyson, the Master of the Rolls, has made it clear that he is “personally opposed” to changes in the costs rules for judicial review oral permission hearings.’

Full story

Litigation Futures, 11th March 2015

Source: www.litigationfutures.com

Parole system preparing for overload as Supreme Court ruling gives prisoners right to ‘hopeless’ hearings – The Independent

Posted July 14th, 2014 in budgets, news, oral hearings, parole, statistics, Supreme Court by sally

‘The parole system is preparing for overload after a ruling gave prisoners the right to have hearings even when there is no hope of release.’

Full story

The Independent, 12th July 2014

Source: www.independent.co.uk

Parole system failing prisoners and close to be overwhelmed, lawyers warn – The Independent

Posted January 27th, 2014 in budgets, delay, news, oral hearings, parole, prisons, standards, Supreme Court by sally

‘England and Wales’s parole system is on the brink of a crisis that will result in reformed prisoners being detained months after they should have been released, The Independent on Sunday can reveal.’

Full story

The Independent, 26th January 2014

Source: www.independent.co.uk

Ofsted fairness standards graded inadequate – Halsbury’s Law Exchange

“The Care Quality Commission has made headlines recently with the focus on inadequacies in its processes as a regulator and its failure to spot sub-standard and even dangerous levels of care. Its fellow regulator Ofsted, however, is more likely to be accused of being over – rather than under – zealous, but its approach has been subject to far less scrutiny.”

Full story

Halsbury’s Law Exchange, 18th October 2013

Source: www.halsburyslawexchange.co.uk

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Lessons from eBay, cases without hearings and a divided profession: Neuberger assesses the law – Litigation Futures

“The court system ‘may well have something to learn from online dispute resolution on eBay and elsewhere’, the president of the Supreme Court has suggested.”

Full story

Litigation Futures, 19th June 2013

Source: www.litigationfutures.com

Legal aid cuts will drive out the best lawyers, supreme court president warns – The Guardian

“Reforms may not produce significant savings as it would result in more unrepresented litigants and longer hearings, says Lord Neuberger.”

Full story

The Guardian, 18th June 2013

Source: www.guardian.co.uk

Royds LLP v Pine – WLR Daily

Posted January 7th, 2013 in appeals, law reports, oral hearings, practice directions by sally

Royds LLP v Pine [2012] EWCA Civ 1734; [2012] WLR (D) 395

“Where a litigant was entitled to a hearing of a renewed application for permission to appeal to the High Court but for good reason was unable to attend court, listing the application for consideration on the papers before another judge was a proper course to take. In an appropriate case the court had power to dispense with an oral hearing and to determine the matter on the papers, or to proceed with an oral hearing and give judgment in the applicant’s absence.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same [2011] EWCA Civ 276; [2011] WLR (D) 97

“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Posted May 27th, 2008 in immigration, judgments, law reports, oral hearings, tribunals by sally

SK (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”

The Times, 27th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (O’Connell) v Parole Board and another – WLR Daily

Posted November 15th, 2007 in human rights, law reports, oral hearings, parole by sally

R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)

“A decision by the Parole Board as to whether to direct the release on licence of a prisoner serving an extended sentence under s 227 of the Criminal Justice Act 2003 who had not yet finished the custodial part of the imposed term, engaged the right not to be arbitrarily detained under art 5(4) of the European Convention on Human Rights. However, art 5(4) did not require an oral hearing in every case where the question was the assessment of risk to the public, and whether or not an oral hearing was necessary would depend upon the facts.”

WLR Daily, 13th November 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.