Reading transsexual loses NHS breast op court battle – BBC News

Posted May 25th, 2010 in judicial review, medical treatment, news by sally

“A transsexual has lost her High Court battle over an NHS refusal to fund a breast augmentation operation.”

Full story

BBC News, 25th May 2010

Source: www.bbc.co.uk

Marshall and others v Deputy Governor of Bermuda and others – WLR Daily

Posted May 25th, 2010 in armed forces, Bermuda, judicial review, law reports, Privy Council, proof by sally

Marshall and others v Deputy Governor of Bermuda and others [2010] UKPC 9; [2010] WLR (D) 133

“Although, in public law proceedings, a public authority had a duty to furnish the court with information which it alone was in a position to provide and without which it would not be possible for the court to assess the merits of an issue which had been raised, that duty did not transfer to the authority the onus of proving matters which a claimant was under a duty and in a position to prove.”

WLR Daily, 24th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Extradition of computer hacker Gary McKinnon put on hold – The Guardian

Posted May 20th, 2010 in computer crime, extradition, judicial review, news by sally

“The extradition of the computer hacker Gary McKinnon has been put on hold after the new home secretary, Theresa May, agreed to an adjournment of a judicial review that was supposed to start within days.”

Full story

The Guardian, 20th May 2010

Source: www.guardian.co.uk

Computer hacker Gary McKinnon could win extradition reprieve – Daily Telegraph

Posted May 20th, 2010 in computer crime, extradition, judicial review, news by sally

“Gary McKinnon, the computer hacker, could win a reprieve from immediate extradition to America as Theresa May, the Home Secretary, reconsiders his case.”

Full story

Daily Telegraph, 20th May 2010

Source: www.telegraph.co.uk

Cooper v Attorney General – WLR Daily

Posted May 14th, 2010 in appeals, attorney general, damages, judicial review, law reports by sally

Cooper v Attorney General  [2010] EWCA Civ 464; [2010] WLR (D) 122

“The obligation of a member states to make good damage caused to individuals by infringements of Community law for which they were responsible also applied where the alleged infringement stemmed from a decision of a court adjudicating at last instance where the rule of Community law infringed was intended to confer rights on individuals, the breach was sufficiently serious and there was a direct causal link between that breach and the loss or damage sustained by the injured parties. In assessing whether there had been a sufficiently serious breach, domestic case law in particular carried weight where it purported to interpret and apply the relevant Community law.”

WLR Daily, 13th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Regina (Shoesmith) v Ofsted and others – WLR Daily

Regina (Shoesmith) v Ofsted and others [2010] EWHC 852(Admin); [2010] WLR (D) 102

“The duty of fairness which arose in respect of an Ofsted inspection carried out pursuant to s 20 of the Children Act 2004 was derived from a duty to carry out a bona fide and open-minded inspection into the operation of local authority departments and systems of safeguarding and not to inspect individuals. When making directions pursuant to s 497A of the Education Act 1996 (as inserted by s 8 of the School Standard and Framework Act 1998) to remove an office holder, the Secretary of State could, in certain circumstances, put the wider interests of child safeguarding above the interest of an individual office holder to be treated fairly. That should not mean that the individual concerned should be deprived of her reputation or other contractual or statutory rights. An individual removed from office pursuant to s 497A who had standing to bring a claim against the employer authority in the employment tribunal should bring that claim first and pursue a claim for judical review against her employer only as a last resort.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Robert Verkaik: A legal battle that could run for years to come – The Independent

“This is not the last we have heard from Sharon Shoesmith and her campaign to prove she was made a scapegoat over the tragic death of Baby Peter.”

Full story

The Independent, 24th April 2010

Source: www.independent.co.uk

Baby P council chief loses sacking battle – The Independent

Posted April 23rd, 2010 in judicial review, local government, news, unfair dismissal by sally

“Former children’s services chief Sharon Shoesmith today lost her High Court battle over her sacking following the death of Baby P.  Mr Justice Foskett, sitting in London, rejected accusations that her removal by Children’s Secretary Ed Balls was procedurally flawed, unfair and unlawful.”

Full story

The Independent, 23rd April 2010

Source: www.independent.co.uk

Composer wins contaminated blood payout challenge – The Independent

Posted April 19th, 2010 in blood products, compensation, judicial review, medical treatment, news by sally

“An award-winning composer who contracted HIV and Hepatitis C through NHS treatment with contaminated blood products today won his legal challenge over compensation payments.”

Full story

The Independent, 16th April 2010

Source: www.independent.co.uk

Composer wins compensation review over contaminated blood – Daily Telegraph

Posted April 16th, 2010 in blood products, compensation, judicial review, news by sally

“An award-winning composer who contracted HIV and Hepatitis C through NHS treatment with contaminated blood products has won a legal challenge over compensation payments.”

Full story

Daily Telegraph, 16th April 2010

Source: www.telegraph.co.uk

Next Step in the Bar Council’s Judicial Review on Legal Aid – The Bar Council

Posted April 12th, 2010 in barristers, fees, judicial review, legal aid, news by sally

“The Bar Council and Criminal Bar Association have today issued a joint response to the Ministry of Justice Consultation ‘Legal Aid: Reforming Advocates Graduated Fees’.”

Full story

The Bar Council, 9th April 2010

Source: www.barcouncil.org.uk

Legal challenge to farmer’s green scheme in Talgarth – BBC News

Posted April 9th, 2010 in agriculture, energy, judicial review, news, planning by sally

“A national park has launched a legal challenge against the Welsh Assembly Government after it said a green energy plant could be built on a farm.”

Full story

BBC News, 8th April 2010

Source: www.bbc.co.uk

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted April 8th, 2010 in appeals, costs, HM Revenue & Customs, judicial review, law reports, taxation by sally

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners [2010] EWCA Civ 345; [2010] WLR (D) 92

“There was a public interest in issues such as the status, relevance and application of policy documents of general application emerging from the Revenue and Customs Commissioners, or any government department, being resolved in the Administrative Court, since it was the court with expertise in that area.”

WLR Daily, 7th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Next Step in the Bar Council’s Judicial Review on Legal Aid – The Bar Council

Posted April 8th, 2010 in barristers, fees, judicial review, legal aid, press releases by sally

“The Bar Council and Criminal Bar Association have today issued a joint response to the Ministry of Justice Consultation ‘Legal Aid: Reforming Advocates Graduated Fees.’ The response is available below, as is the letter from Bindmans sent on our behalf to the Treasury Solicitors.”

Full press release

The Bar Council, 1st April 2010

Source: www.barcouncil.org.uk

Bar offers legal aid ‘olive branch’ on criminal fee proposals – Law Society’s Gazette

Posted April 1st, 2010 in barristers, fees, judicial review, legal aid, news by sally

“The Bar Council has offered the government an ‘olive branch’ to avoid judicial review proceedings if it withdraws the current criminal fee proposals and negotiates a way forward.”

Full story

Law Society’s Gazette, 1st April 2010

Source: www.lawgazette.co.uk

Sharon Shoesmith papers released by court – BBC News

Posted April 1st, 2010 in disclosure, documents, judicial review, news, unfair dismissal by sally

“Key court documents have been released relating to the sacking of social services chief Sharon Shoesmith after the death of Baby Peter in London.”

Full story

BBC News, 1st April 2010

Source: www.bbc.co.uk

Heathrow protesters win challenge – BBC News

Posted March 26th, 2010 in airports, consultations, judicial review, news by sally

“Campaigners have won a High Court battle for further consultation into plans for a third runway at Heathrow Airport.”

Full story

BBC News, 26th March 2010

Source: www.bbc.co.uk

Mayor threatens Tube legal action over £4.4bn ruling – BBC News

“Mayor of London Boris Johnson is considering legal action after it was ruled Underground maintenance firm Tube Lines’ costs should be £4.46bn.”

Full story

BBC News, 10th March 2010

Source: www.bbc.co.uk

Legal challenge over Yarl’s Wood women – The Guardian

Posted March 1st, 2010 in asylum, detention, human rights, immigration, judicial review, news, women by sally

“Lawyers are due to launch a legal challenge today on behalf of four women held at Yarl’s Wood detention centre, claiming their incarceration amounts to ‘cruel, inhumane and degrading’ treatment that breaches their human rights.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Heathrow third runway plans face legal challenge – BBC News

Posted February 23rd, 2010 in airports, consultations, judicial review, news by sally

“Environmental groups, local councils and residents opposed to a third runway at Heathrow are beginning a legal challenge to the government’s plans.”

Full story

BBC News, 23rd February 2010

Source: www.bbc.co.uk