Category: judicial review

R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

R (Ahmad) v Newham London Borough Council – WLR Daily

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

“A local authority scheme for the allocation of social housing which accorded priority amongst applicants with ‘reasonable preference’ under s 167 of the Housing Act 1996, as amended, according to length of time on the waiting list, rather than relative need, was neither unlawful nor irrational.”

WLR Daily, 4th March 2009

Regina (Boggis and Another) v Natural England

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

Regina (Boggis and Another) v Natural England – Times Law Reports

Posted February 25th, 2009 in judicial review, law reports, sites of special scientific interest by sally

Queen’s Bench Division

“Designation of a Site of Special Scientific Interest without considering its effect on a neighbouring Special Protection Area for the protection of rare or vulnerable bird species, could amount to a plan which should not be carried out.”

The Times, 25th February 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Court case over boy’s 1990 death – BBC News

Posted February 23rd, 2009 in doctors, judicial review, negligence, news by sally

“The General Medical Council (GMC) faces a judicial review later over claims it failed to investigate a boy’s death nearly 19 years ago.”

R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63

BBC News, 23rd February 2009

Source: www.bbc.co.uk

R (A) v Director of Establishments of the Security Service – WLR Daily

Posted February 20th, 2009 in disclosure, intelligence services, investigatory powers, judicial review, law reports by sally

“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”

WLR Daily, 19th February 2009

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families [2009] EWHC 219 (Admin); [2009] WLR (D) 58

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

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families – WLR Daily

Posted February 18th, 2009 in EC law, education, judicial review, law reports, public procurement by sally

“A parent of school age children could not be classed as an ‘economic operator’ and did not therefore have sufficient standing under European and domestic rules on public procurement to bring a claim for judicial review of a decision of the Secretary State to approve an expression of interest by a sponsor of an academy under s 482 of the Education Act 1996 (as substituted by s 65(1) of the Education Act 2002). The protection conferred by the procurement regime created by the Public Contracts Regulations 2006 (SI 2006/5) could only be invoked in private law proceedings by affected economic operators.”

WLR Daily, 17th February 2009

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

Parents lose fight to stop ‘preferred bidder’ sponsoring London academy – The Guardian

Posted February 13th, 2009 in education, judicial review, news, public procurement by sally

“Parents and campaigners have lost a judicial review to prevent the government introducing academies without holding competitions to allow a range of sponsors to come forward.”

The Guardian, 13th February 2009

Source: www.guardian.co.uk

‘Written tests are no guide to your ability to be a judge’ – The Times

Posted January 29th, 2009 in examinations, judicial appointments commission, judicial review, news by sally

“A judge has taken the unprecedented step of launching legal action because he failed to be shortlisted for a judicial post after sitting a new written test. David Page, 58, who has sat as a £102,000-a-year full-time immigration judge since 2002, was insulted and shocked to find that he was ruled out after two 40-minute written papers.”

The Times, 29th January 2009

High Court bid to block eco-towns – BBC News

Posted January 27th, 2009 in housing, judicial review, news, planning by sally

“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”

East Devon District Council v Boundary Committee of the Electoral Commission [2009] EWHC 4 (Admin); WLR(D) 5

BBC News, 27th January 2009

Source: www.bbc.co.uk

East Devon District Council v Boundary Committee of the Electoral Commission – WLR Daily

Posted January 12th, 2009 in boundaries, judicial review, law reports, local government by sally

“The power under s 5(3)(c) of the Local Government and Public Involvement in Health Act 2007 for the Boundary Committee of the Electoral Commission to make ‘an alternative proposal’ enabled the Committee to make two or more proposals.”

WLR Daily, 9th January 2009

T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391

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

Policy change on certain judicial reviews – UK Border Agency

Posted January 9th, 2009 in immigration, judicial review, press releases by sally

“A new policy on handling legal challenges to us removing people from the United Kingdom (judicial review challenges) will come into effect on 30 January. This will help us establish a swift end-to-end process for concluding asylum cases and deporting foreign national prisoners.”

Full press release

UK Border Agency, 9th January 2009

Source: www.ukba.homeoffice.gov.uk

T Mobile (UK) Ltd and another v Office of Communications – WLR Daily

Posted December 17th, 2008 in competition, judicial review, law reports, telecommunications, tribunals by sally

“A challenge to a the decision of the Office of Communications (‘Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (‘CAT’).”

WLR Daily, 16th December 2008

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

Ministers say they will ignore asylum-seekers’ 11th-hour pleas – The Independent

Posted December 12th, 2008 in asylum, judicial review, news by sally

“Refugees warned to expect deportation even if judicial review bid has been lodged .”

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others

The Independent, 12th December 2008

Source: www.independent.co.uk

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 5th, 2008 in constitutional law, elections, judicial review, law reports, Sark by sally

Court of Appeal

“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”

The Times, 5th December 2008

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376

Please note that the Times Law Reports are only availalble free on Times Online for 21 days from th date of publication.

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 4th, 2008 in constitutional law, elections, human rights, judicial review, law reports, Sark by sally

“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th December 2008

Regina (JL) (a Youth) v Secretary of State for Justice

Regina (JL) (a Youth) v Secretary of State for Justice – Times Law Reports

Posted December 2nd, 2008 in human rights, judicial review, law reports, mental health, prisons by sally

House of Lords

“A near-suicide in custody which resulted in the prisoner’s mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life.”

The Times, 2nd December 2008

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

Posted November 25th, 2008 in judicial review, law reports, police, search & seizure, warrants by sally

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th November 2008

Regina (Zimbabwe) v Secretary of State for the Home Department

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

Regina (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted November 21st, 2008 in detention, immigration, judicial review, law reports by sally

Court of Appeal

“Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review.”

The Times, 21st November 2008

E v Chief Constable of the Royal Ulster Constabulary and Another

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

E v Chief Constable of the Royal Ulster Constabulary and Another – Times Law Reports

Posted November 19th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

House of Lords

“The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. It was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

The Times, 19th November 2008

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation – The Times

Posted November 18th, 2008 in fees, judicial review, law reports, protective costs orders by sally

Court of Appeal

“Where a party with limited means applied for a protective costs order to bring a matter of public importance before the court, and that party was represented by means of a conditional fee agreement, the agreed success fee was relevant to the amount of the cap on the costs order and consequently was to be disclosed to the court.”

The Times, 18th November 2008