Category: judicial review

Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

Posted December 19th, 2024 in appeals, chambers articles, environmental health, health, judicial review, news, nuisance, Supreme Court by sally

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

Full Story

Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

High Court refers barrister to BSB for “abusive” judicial review – Legal Futures

Posted December 19th, 2024 in barristers, extradition, judicial review, news, professional conduct, standards by sally

‘The High Court has referred a barrister to the Bar Standards Board (BSB) for launching a judicial review (JR) which was “abusive and bound to fail” on behalf of a client facing extradition.’

Full Story

Legal Futures, 19th December 2024

Source: www.legalfutures.co.uk

Road safety campaigners lose high court challenge against Tower Hamlets mayor – The Guardian

Posted December 18th, 2024 in judicial review, local government, London, news, road safety by sally

‘Road safety campaigners in east London have lost a high court challenge against the mayor of Tower Hamlets over his decision to remove three low traffic neighbourhoods (LTNs) in Bethnal Green.’

Full Story

The Guardian, 17th December 2024

Source: www.theguardian.com

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

Full Story

Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

The View from the Bench – a speech by Mr Justice Fordham to the Hart Judicial Review Conference – Courts and Tribunals Judiciary

Posted December 10th, 2024 in case management, electronic filing, judicial review, judiciary, news, speeches by tracey

‘Mr Justice Fordham delivered a speech as part of the Hart 18th Annual Judicial Review Conference on Friday 6 December 2024.’

Full Story

Courts and Tribunals Judiciary, 6th December 2024

Source: www.judiciary.uk

Council decision not to designate illegal landfill ‘contaminated land’ to be challenged in High Court – Local Government Lawyer

Posted December 5th, 2024 in environmental health, environmental protection, health, judicial review, local government, news, pollution, waste by tracey

‘The High Court has agreed to hear a judicial review challenge of Havering Council’s decision not to allocate an illegal landfill behind pollution issues and wildfires as “contaminated land”.

Full Story

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal concerning amenability to judicial review of decision by adjudicator – 39 Essex Chambers

Posted December 5th, 2024 in chambers articles, contracts, dispute resolution, health, judicial review, ministers' powers and duties, news by tracey

’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’

Full Story

39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by tracey

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

Full Story

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer

Posted December 3rd, 2024 in asylum, benefits, children, housing, judicial review, local government, news, young persons by tracey

‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’

Full Story

Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Legal aid fees to rise by 10% for immigration and housing after lawyer action – The Guardian

Posted November 29th, 2024 in asylum, criminal justice, fees, housing, immigration, judicial review, legal aid, legal profession, Ministry of Justice, news, solicitors, statistics by michael

‘Ministers are to announce a 10% increase in legal aid fees for immigration and housing work after action by lawyers who warned that the failure to increase rates has led to a paralysis in the system.’

Full Story

The Guardian, 29th November 2024

Source: www.theguardian.com

Civil Justice Council report calls for pre-action protocol on judicial review to require parties to make positions on ADR clear – Local Government Lawyer

Posted November 28th, 2024 in civil justice, Civil Justice Council, dispute resolution, judicial review, news, pre-action conduct, reports by sally

‘The pre-action protocol (PAP) for judicial review should be amended to make sure the parties make clear their position on alternative dispute resolution (ADR) at an early stage, a report produced for the Civil Justice Council (CJC) has recommended.’

Full Story

Local Government Lawyer, 27th November 2024

Source: www.localgovernmentlawyer.co.uk

Asylum seeker granted permission to apply for judicial review of age assessment – Local Government Lawyer

Posted November 26th, 2024 in asylum, children, judicial review, local government, news, young persons by tracey

‘A High Court judge has given an Eritrean asylum seeker permission to seek judicial review of an age assessment carried out by Warrington Borough Council, and ordered the local authority to provide her with appropriate support on an interim basis.’

Full Story

Local Government Lawyer, 25th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court refuses permission for judicial review over policy of Welsh council on second homes and short term lets – Local Government Lawyer

Posted November 19th, 2024 in holidays, housing, judicial review, local government, news, Wales by tracey

‘An application for judicial review of Gwynedd Council’s implementation of new rules aimed at curbing second homes and short-term holiday lets has been dismissed by a High Court judge.’

Full Story

Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court rejects judicial review over permanent exclusion for persistent breaches of school behaviour policy – Local Government Lawyer

Posted November 19th, 2024 in disciplinary procedures, judicial review, news, school children, school exclusions by tracey

‘A High Court judge has rejected a judicial review claim over a decision by a school governing body’s disciplinary panel not to reinstate a teenage boy to his school following a permanent exclusion, which occurred as a result of “persistent breaches” of the school’s behaviour policy.’

Full Story

Local Government Lawyer, 19th November 2024

Source: www.localgovernmentlawyer.co.uk

Hopeless but not the same? – Local Government Lawyer

Posted November 11th, 2024 in housing, judicial review, local government, news, planning by tracey

‘The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.’

Full Story

Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court case over closure of nurseries dropped – BBC News

Posted November 7th, 2024 in children, consultations, judicial review, local government, London, news by tracey

‘A High Court challenge over plans to close children’s centres in east London has been dropped after the council accepted its consultation was “unlawful”.’

Full Story

BBC News, 7th November 2024

Source: www.bbc.co.uk

Lawyers’ “serious failings” topped by Court of Appeal errors – Legal Futures

Posted November 4th, 2024 in appeals, delay, immigration, judicial review, news, time limits by tracey

‘The “serious failings” of an immigration claimant’s lawyers in appealing a decision were rendered irrelevant by mistakes in the Court of Appeal office, the court has admitted.’

Full Story

Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

Mothers to take DWP to court over ‘inhumane’ benefit rules on non-consensual conception – The Guardian

Posted November 4th, 2024 in benefits, children, families, government departments, judicial review, news, rape, sexual offences, victims, women by tracey

‘Two mothers who had children as a result of rape or coercion by former partners have been given permission to take the Department for Work and Pensions (DWP) to court for being denied exception to the two-child limit on universal credit.’

Full Story

The Guardian, 4th November 2024

Source: www.theguardian.com

Essex car park to be test case for legislation to protect landscapes – The Guardian

Posted November 1st, 2024 in environmental health, environmental protection, government departments, judicial review, local government, news, parking, parks by tracey

‘A commuter car park in Essex is to be one of the first test cases of whether the government will enforce new legislation aimed at protecting national parks and landscapes in England.’

Full Story

The Guardian, 31st October 2024

Source: www.theguardian.com

Private schools vote for legal action over VAT plans – BBC News

Posted November 1st, 2024 in education, government departments, human rights, judicial review, news, school children, taxation, teachers, VAT by tracey

‘A group representing 1,400 private schools will press ahead with plans for a legal challenge against the government’s introduction of VAT from January, the BBC can reveal.’

Full Story

BBC News, 31st October 2024

Source: www.bbc.co.uk