Mother assesses ‘beasting’ review – BBC News

Posted October 29th, 2009 in armed forces, bullying, courts martial, judicial review, news by sally

“The mother of a soldier who died after an army punishment is considering a judicial review to overturn a decision not to court-martial those involved.”

Full story

BBC News, 29th October 2009

Source: www.bbc.co.uk

Solicitors join with bar to fight plans to cut advocacy rates – Law Society’s Gazette

Posted October 29th, 2009 in advocacy, barristers, judicial review, news, solicitors by sally

“The government could face legal action by the Law Society and Bar Council as the professions unite over plans to cut criminal defence advocacy rates by 23%.”

Full story

Law Society’s Gazette, 29th October 2009

Source: www.lawgazette.co.uk

Judgement reserved on Baby P boss – BBC News

Posted October 13th, 2009 in child abuse, judicial review, news, social services by sally

“A judge has reserved his decision in a legal action brought by the dismissed head of Haringey children’s services, Sharon Shoesmith.”

Full story

BBC News, 12th October 2009

Source: www.bbc.co.uk

Sharon Shoesmith was told of failings, court hears – The Guardian

Posted October 9th, 2009 in child abuse, judicial review, news, social services by sally

“Sharon Shoesmith, the former head of children’s services at the centre of the Baby Peter case, was made aware of ‘very significant professional failings’ in her department at Haringey before she was sacked, the high court heard today.”

Full story

The Guardian, 8th October 2009

Source: www.guardian.co.uk

Shoesmith launches legal challenge against Ed Balls – The Guardian

Posted October 7th, 2009 in child abuse, judicial review, news, social services by sally

“Former director of children’s services at the centre of the Baby Peter case goes to the high court today to seek compensation for dismissal.”

Full story

The Guardian, 7th October 2009

Source: www.guardian.co.uk

R (Al-Sweady and others) v Secretary of State for Defence (No 2) – WLR Daily

Posted October 6th, 2009 in cross-examination, disclosure, judicial review, law reports by sally

R (Al-Sweady and others) v Secretary of State for Defence (No 2) [2009] EWHC 2387 (Admin); [2009] WLR (D) 292

“In any judicial review proceedings relating to a case which involved crucial, ‘hard-edged’ questions of fact in light of which it was necessary for the court to allow cross-examination of makers of witness statements on those ‘hard-edged’ questions of fact, it was vital for full disclosure to occur to enable effective and proper cross-examination to take place. That constituted an important exception to the conventional approach in respect of disclosure in judicial review cases and the approach should be similar to that involved in an ordinary Queen’s Bench action.”

WLR Daily, 5th October 2009

Source: www.lawreports.co.uk

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

Baby P: Sharon Shoesmith ‘compares her treatment to that of James Bulger’s murderers’ – Daily Telegraph

Posted September 1st, 2009 in child abuse, judicial review, news, social services by sally

“Sharon Shoesmith, the social services chief who was sacked over the Baby P scandal, compares her treatment to that of the killers of James Bulger in a legal challenge, it has been reported.”

Full story

Daily Telegraph, 1st September 2009

Source: www.telegraph.co.uk

Human rights: clarifying the law on assisted suicide – Law Society’s Gazette

Posted August 21st, 2009 in assisted suicide, judicial review, news by sally

“There are several remarkable features about the case of Debbie Purdy. For one, the case started with judicial review proceedings in April 2008, concluding with the House of Lords judgment on 30 July 2009 – less than 15 months later.”

Full story

Law Society’s Gazette, 20th August 2009

Source: www.lawgazette.co.uk

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 5th, 2009 in housing, judicial review, law reports, repossession by sally

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening [2009] EWCA Civ 852; [2009] WLR (D) 280

“In a claim by a public landlord for a possession order against its demoted tenant, the jurisdiction of the county court was limited to considering whether the procedure for bringing the possession claim had been complied with and to making or declining to make the possession order; it had no power to review the decision of the review panel of the public landlord as to whether the decision was proportionate or compatible with the tenant’s human rights.”

WLR Daily, 3rd August 2009

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.

R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change – WLR Daily

R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810; [2009] WLR (D) 276

“On an application for judicial review of the Secretary of State’s alleged failure to take steps to implement targets specified in the Warm Homes and Energy Conservation Act 2000 and the UK Fuel Poverty Strategy, and in particular for eliminating fuel poverty ‘as far as reasonably practicable’, where the legal obligation on the Secretary of State had been defined in terms of effort and endeavour, arguments as to the desirability of the Government’s policy on the use of available money were not apt to found an argument of breach of statutory duty and judicial review, absent a rationality challenge.”

WLR Daily, 31st July 2009

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.

Ronnie Biggs wins permission to challenge parole decision – The Guardian

Posted July 31st, 2009 in judicial review, news, parole, robbery by sally

“The great train robber Ronnie Biggs has been given permission to challenge the decision to refuse him parole, his legal adviser said today.”

Full story

The Guardian, 30th July 2009

Source: www.guardian.co.uk

Junior doctors training: Campaigners win right to Judicial Review – Daily Telegraph

Posted July 28th, 2009 in doctors, employment, judicial review, news by sally

“Junior doctors have won the right to a Judicial Review of the General Medical Council’s refusal to discipline senior colleagues they hold responsible for the training places debacle.”

Full story

Daily Telegraph, 27th July 2009

Source: www.telegraph.co.uk

Father wins Iraq inquest review – BBC News

Posted July 22nd, 2009 in inquests, Iraq, judicial review, news by sally

“The father of a soldier killed in Iraq has won permission to challenge a coroner’s decision not to hold a full investigation into his son’s death.”

Full story

BBC News, 22nd July 2009

Source: www.bbc.co.uk

R (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) – WLR Daily

Posted June 22nd, 2009 in housing, judicial review, law reports by sally

R (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) [2009] EWCA Civ 587; [2009] WLR (D) 202

“On the facts of the particular case, a registered social landlord was a hybrid public authority and the act of terminating the tenancy of its assured tenant was not a private act and was susceptible to judicial review.”

WLR Daily, 19th June 2009

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 (Ghai) v Newcastle upon Tyne City Council – Times Law Reports

Regina (Ghai) v Newcastle upon Tyne City Council

Queen’s bench Division

“The orthodox Hindu belief in the necessity of open-air cremation as a manifestation of belief within the meaning of article 9 of the European Convention on Human Rights was limited by statutory provisions which were justified under article 9.2 of the Convention.”

The Times, 18th May 2009

Source: www.timesonline.co.uk

G20 protesters issue legal threat – BBC News

Posted May 18th, 2009 in demonstrations, judicial review, news, police by sally

“Solicitors representing G20 protesters are warning the Metropolitan Police they may seek a judicial review of the tactics used at the summit.”

Full story

BBC News, 18th May 2009

Source: www.bbc.co.uk

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening) – WLR Daily

Posted May 14th, 2009 in burials and cremation, human rights, judicial review, law reports by sally

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)

“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”

WLR Daily, 13th May 2009

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 (JS) (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Regina (JS) (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“In order to establish that an asylum seeker was liable for a joint criminal enterprise such as to exclude him from the protection of the Geneva Convention as complicit in war crimes or crimes against humanity, there had to have been a common design which amounted to or involved the commission of a crime provided for by statute.”

The Times, 11th May 2009

Source: www.timesonline.co.uk

Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

Teacher Matthew Wren wins battle to have DNA records deleted – The Times

Posted May 7th, 2009 in criminal records, DNA, judicial review, news, police by sally

“A teacher has won a High Court battle to have his DNA destroyed after he was unlawfully arrested by police when accused of assault by a pupil.”

Full story

The Times, 7th May 2009

Source: www.timesonline.co.uk