High Court rules disability benefit reforms plan as unlawful – but Labour remains committed to cuts – The Independent

‘The Department for Work and Pensions (DWP) consultation into plans to cut billions in disability benefits has been ruled unlawful by the High Court for being “unfair and misleading”.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

Incapacity benefit cuts consultation was ‘misleading’ and unlawful, judge rules – The Guardian

‘Labour’s plan to push through £3bn of cuts to incapacity benefits has received a setback after a judge ruled an official consultation setting out the proposals was misleading and unlawful.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

Transparency board calls for judicial review hearings to be broadcast – Local Government Lawyer

‘The Transparency and Open Justice Board has recommended that Administrative Court hearings should be broadcast in an effort to boost open justice.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Open Justice board asks justice secretary for judicial reviews to be livestreamed – Law Society’s Gazette

Posted January 7th, 2025 in civil justice, judicial review, media, news, video recordings by tracey

‘The lady chief justice’s new transparency and open justice board has asked the justice secretary to allow judicial reviews to be livestreamed – and potentially broadcast on television.

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Law Society's Gazette, 6th January 2025

Source: www.lawgazette.co.uk

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

‘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.’

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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.’

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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.’

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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.’

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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.’

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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

‘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”.

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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

’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.’

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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.’

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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.’

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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

‘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.’

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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

‘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.’

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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.’

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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.’

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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

‘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.’

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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.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk