Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

Court orders ministers to hand Boris Johnson’s WhatsApps to Covid inquiry – The Guardian

‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

High Court begins hearing judicial review against Home Office and London borough over support for child trafficking victims – Local Government Lawyer

‘The High Court is this week (4-5 July) hearing a judicial review challenge brought by a child trafficking victim who contends he was not given any specialist support for his trafficking-related needs from the Home Office and his local authority for several years.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

Council defeats High Court challenge over sale of large plot of land next to football stadium – Local Government Lawyer

Posted July 6th, 2023 in judicial review, local government, news, sale of land by sally

‘West Northamptonshire Council has successfully defended a judicial review challenge brought by an unsuccessful bidder over the local authority’s decision to sell land adjacent to Sixfields Stadium, the home of Northampton Town Football Club.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

Elderly black man who was punched by police officer wins judicial review – The Guardian

‘The high court has overturned a decision by the police watchdog that an officer who punched an elderly black man in the face had no case to answer.’

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The Guardian, 4th July 2023

Source: www.theguardian.com

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog

‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’

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UKSC Blog, 28th June 2023

Source: ukscblog.com

UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian

‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’

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The Guardian, 30th June 2023

Source: www.theguardian.com

Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News

Posted June 30th, 2023 in judicial review, local government, news, parks, planning, sewerage, Wales, waste, water by tracey

‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’

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BBC News, 29th June 2023

Source: www.bbc.co.uk

Society secures JR permission over criminal legal aid fees – Law Society’s Gazette

‘The Law Society has been granted permission to take the government to court over its decision not to raise criminal legal aid fees by the minimum 15% recommended by the Bellamy review.’

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Law Society's Gazette, 22nd June 2023

Source: www.lawgazette.co.uk

Tim Sayer: The Passive Virtues and the Abuse of Delegated Legislation: Courts, the Political Constitution and the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

Posted June 21st, 2023 in constitutional law, judicial review, news by tracey

‘In 1961 Alexander Bickel argued that the US Supreme Court should adopt what he called the “passive virtues” – minimising engagement with hard constitutional questions so as to keep its powder dry for the most essential issues. One such question that appears headed for the UK courts is the Home Secretary’s decision to use delegated powers in the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) to introduce the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (“the Regulations”) conferring additional powers on the police to impose restrictions on protests and processions. Notwithstanding existing concerns around the use of delegated legislation to introduce substantive and controversial policy, the unusual and serious constitutional issue here is that the Regulations make changes to the law specifically rejected by Parliament during debates on the 2022 Act.’

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UK Constitutional Law Association, 19th June 2023

Source: ukconstitutionallaw.org

Liberty launches judicial review challenge arguing protest law is “unjustified interference” with Parliamentary sovereignty – Local Government Lawyer

‘The National Council for Civil Liberties, also known as Liberty, is threatening a judicial review of the Home Secretary’s efforts to widen the circumstances in which the police can impose conditions on people organising or taking part in protests.’

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Local Government Lawyer, 19th June 2023

Source: www.localgovernmentlawyer.co.uk

Planning enforcement and equalities duties – Local Government Lawyer

‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

Homeless single mother wins High Court battle against London borough – Local Government Lawyer

‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal: Postponing biometrics and entry clearance – EIN Blog

‘R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023). The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric discretion policy that places significant weight to the public interest and proper legitimate aims which justify biometrics and that only exceptional in the sense of very compelling cases can outweigh that interest. Further, it is incompatible with article 8 of the ECHR for the policy Family Reunion: for refugees and those with humanitarian protection policy version 5 (31 December 2020), to direct decision-makers that only applicants with extraordinary, and therefore rare, unique or unusual circumstances, can succeed.’

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EIN Blog, 15th June 2023

Source: www.ein.org.uk

Think of other ways to meet the duty – Nearly Legal

‘Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow’s failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and while we await the Supreme Court decision in Imam v LB Croydon on mandatory orders in such cases.’

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Nearly Legal, 4th June 2023

Source: nearlylegal.co.uk

Sex education: Protesters lose bid to appeal High Court judgment – BBC News

Posted June 8th, 2023 in appeals, education, human rights, judicial review, news, school children, Wales by tracey

‘Campaigners against the Welsh government’s sex education curriculum have lost their bid to appeal against a High Court judgment.’

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BBC News, 7th June 2023

Source: www.bbc.co.uk

High Court rejects claim over decision of adjudicator and fairness of school admissions arrangements – Local Government Lawyer

‘The High Court has rejected a claim which questioned what matters an adjudicator may and must take into account in determining whether a school’s admission arrangements are “fair”.’

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Local Government Lawyer, 5th June 2023

Source: www.localgovernmentlawyer.co.uk

Fresh judicial review challenge on horizon over Home Office asylum accommodation site – Local Government Lawyer

‘The Home Office could be subject to a fresh judicial review over its plans to house asylum seekers on former military sites across the country after an East Sussex resident reached a crowdfunding goal to challenge plans to move people into a disused prison.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Ministers face legal challenge over cuts to walking and cycling investment in England – The Guardian

‘The government faces a legal challenge to its decision to cut investment in walking and cycling in England, over claims that the move bypassed legal processes and risks scuppering commitments over the climate emergency and air pollution.’

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The Guardian, 5th June 2023

Source: www.theguardian.com

Supreme Court refuses to hear claim that council should have conducted Habitat Regulations Assessment before green-lighting farm expansion – Local Government Lawyer

‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk