‘The Administrative Court Judicial Review Guide 2024, outlining part of the Court’s work, has been published online. The Guide covers all the stages of a claim for judicial review. It is required reading for all those who conduct judicial review cases (whether or not they are lawyers).’
Courts & Tribunals Judiciary, 12th September 2024
Source: www.judiciary.uk
‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’
Nearly Legal, 7th July 2024
Source: nearlylegal.co.uk
‘Readers with long memories may recall that when Felix Ngole was a second-year Master’s student on a social work course at Sheffield University, he was excluded from the course by the Faculty of Social Sciences Fitness to Practise Committee after comments he had posted on Facebook about his personal opposition to same-sex marriage. He sought judicial review of that decision, and though the Administrative Court found for the University, in R (Ngole) v The University of Sheffield [2019] EWCA Civ 1127 the Court of Appeal allowed his appeal and remitted his case for reconsideration. We noted the appeal here.’
Law & Religion UK, 2nd July 2024
Source: lawandreligionuk.com
‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
‘Graham Phillips, the Claimant, is a British national and video blogger who posts content from the Donbass dressed in Russian military fatigues. He says he is a journalist who provides a “counterbalance” to widespread western misunderstanding of the true situation in Ukraine but the Administrative Court disagrees. On 12 January 2024, it handed down judgment in R (Phillips) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin), in which it upheld the Government’s view that the Claimant is a propagandist for Russia who is lawfully subject to a sanctions regime which allows the state to freeze his assets.’
UK Human Rights Blog, 25th January 2024
Source: ukhumanrightsblog.com
‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.
In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’
UK Human Rights Blog, 29th June 2023
Source: ukhumanrightsblog.com
‘With effect from 26 April 2022, the general default position in the Administrative Court in Wales and on the Midland, Northern, North-Eastern and Western Circuits will be that hearings will be in person, liaison judges have said.’
Local Government Lawyer, 22nd April 2022
Source: www.localgovernmentlawyer.co.uk
‘Of the 5,408 unique judgments given by the Administrative Court from 1 January 2015 to 31 December 2020, only 55% (3,001) are available to the public on BAILII, research has suggested.’
Local Government Lawyer, 8th March 2022
Source: www.localgovernmentlawyer.co.uk
‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’
UK Constitutional Law Association, 12th October 2021
Source: ukconstitutionallaw.org
‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’
UK Constitutional Law Association, 23rd September 2021
Source: ukconstitutionallaw.org
‘An Administrative Court judge should have decided a point of statutory construction about the timetable for producing amended education health and care (EHC) plans instead of declining to do so since it was academic, the Court of Appeal has ruled.’
Local Government Lawyer, 18th March 2021
Source: www.localgovernmentlawyer.co.uk
‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’
UK Human Rights Blog, 26th February 2021
Source: ukhumanrightsblog.com
‘The Home Office is reviewing its archives to see if any files exist on Paul Cleeland, who has been fighting to clear his name of murder for 47 years.’
BBC News, 20th November 2020
Source: www.bbc.co.uk
‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’
Local Government Lawyer, 5th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The Administrative Court has thrown out a challenge to business rates liability orders as being “totally without merit”, and has imposed an extended civil restraint order to limit future litigation by the complainant.’
Local Government Lawyer, 5th November 2020
Source: www.localgovernmentlawyer.co.uk
‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’
5SAH, 30th July 2020
Source: www.5sah.co.uk
‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’
4-5 Gray's Inn Square, 29th May 2020
Source: www.4-5.co.uk
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘The Administrative Court has handed down judgment in the case of Dr X which raises important issues about the extent to which a regulator may have to modify its usual publication procedures for reporting disciplinary outcomes where the practitioner claims that publication would expose him or her to a real and immediate risk of death.’
Blackstone Chambers, 11th March 2019
Source: www.blackstonechambers.com
‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’
4 New Square, 16th November 2018
Source: www.4newsquare.com
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