‘A judge has granted a judicial review into the way the Environment Agency (EA) in England enforces agricultural pollution laws.’
BBC News, 20th October 2023
Source: www.bbc.co.uk
‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’
Doughty Street Chambers, 4th September 2023
Source: insights.doughtystreet.co.uk
‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’
UK Constitutional Law Association, 16th October 2023
Source: ukconstitutionallaw.org
‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’
Nearly Legal, 15th October 2023
Source: nearlylegal.co.uk
‘There will not be a judicial review into the Home Office’s use of a barge to house asylum seekers.’
BBC News, 11th October 2023
Source: www.bbc.co.uk
‘A High Court judge has rejected an application for judicial review over plans by Mayor Marvin Rees’ Cabinet at Bristol City Council to increase mooring fees in Bristol Harbour.’
Local Government Lawyer, 10th October 2023
Source: www.localgovernmentlawyer.co.uk
‘The Scottish Government is presently seeking judicial review of the UK Government’s decision to block Royal Assent for the Gender Recognition Reform (Scotland) Bill (GRRB) using s.35 of the Scotland Act 1998 (SA). The Court of Session’s decision, which may yet end up before the UK Supreme Court on appeal, is eagerly awaited, not least given the electricity of political debates over gender recognition and its reform in Scotland and elsewhere.’
UK Constitutional Law Association, 5th October 2023
Source: ukconstitutionallaw.org
‘The government’s controversial Troubles legacy bill has received Royal Assent and entered into law.’
BBC News, 19th September 2023
Source: www.bbc.co.uk
‘A republican protester detained on the day of King Charles’ Coronation is taking legal action against the Metropolitan Police.’
BBC News, 12th September 2023
Source: www.bbc.co.uk
‘A High Court judge has decided not to extend the suspension of an order quashing a deal brokered between the Home Secretary and Kent County Council that capped the number of unaccompanied asylum-seeking children (UAS children) the council had to accommodate.’
Local Government Lawyer, 6th September 2023
Source: www.localgovernmentlawyer.co.uk
‘This was a judicial review of Haringey’s refusal to award Mr Islam Band A priority on its housing register, rather than Band B.’
Nearly Legal, 28th August 2023
Source: nearlylegal.co.uk
‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’
Legal Futures, 24th August 2023
Source: www.legalfutures.co.uk
‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’
Essex CAJI, 16th August 2023
Source: essexcaji.org
‘Colin Ricciardiello and Jonathan Blunden analyse the latest ruling on the duty of candour in judicial review proceedings.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal recently considered the approach to be taken to a claim for judicial review of a decision that SB was clearly and obviously an adult. Catherine Rowlands examines the judgment.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
‘Climate campaigners are taking legal action to try and force the closure of the UK’s largest opencast coalmine.’
BBC News, 10th August 2023
Source: www.bbc.co.uk
‘Colin Ricciardello and Jonathan Blunden analyse the increasing number of challenges to councils’ use of s123 of the Local Government Act 1972 (the “1972 Act”).’
Local Government Lawyer, 4th August 2023
Source: www.localgovernmentlawyer.co.uk
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’
OUT-LAW, 1st August 2023
Source: www.pinsentmasons.com
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