The killing of Mark Saunders – The Independent

Posted September 15th, 2008 in complaints, firearms, judicial review, news, police by sally

“This police shooting is a disgrace and an outrage, argues a former high-ranking soldier with 20 years’ experience incounter-terrorism at home and abroad.”

Full story

The Independent, 14th September 2008

Source: www.independent.co.uk

Legal row over humanism in religious studies at school – Daily Telegraph

Posted September 12th, 2008 in education, examinations, judicial review, news by sally

“The exams regulator is being taken to court over its refusal to allow humanism to be taught in religious education classes.”

Full story

Daily Telegraph, 12th September 2008

Source: www.telegraph.co.uk

Review into lawyer shot by police – BBC News

Posted September 10th, 2008 in firearms, judicial review, news, police by sally

“A judicial review into aspects of the death of a lawyer shot dead by police in London is to open at the High Court.”

Full story

BBC News, 9th September 2008

Source: www.bb.c.co.uk

R (St Helens Borough Council) v Manchester Primary Care Trust and another – WLR Daily

Posted August 12th, 2008 in health, judicial review, law reports, social services by sally

R (St Helens Borough Council) v Manchester Primary Care Trust and another [2008] EWCA Civ 931; [2008] WLR (D) 288

“It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. The trust was required to define in its decision the services which the social services authority was required to provide to the woman, whose mental and psychological conditions required constant and expensive care. It was not satisfactory for the two parties to resolve the issue by costly litigation, since the money for the care and the litigation all came from the public purse.”

WLR Daily, 11th August 2008

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.

Ewing v Director of Public Prosecutions – WLR Daily

Posted August 4th, 2008 in judicial review, law reports, prosecutions, vexatious litigants by sally

Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276

“It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matter.”

WLR Daily, 1st August 2008

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 (Securiplan plc) v Security Industry Authority – WLR Daily

Posted July 31st, 2008 in judicial review, law reports, prosecutions, security companies by sally

R (Securiplan plc) v Security Industry Authority [2008] EWHC 1762 (Admin); [2008] WLR (D) 271

“Despite the absence of any express powers under the Private Security Industry Act 2001, the Security Industry Authority, the body established under the 2001 Act to carry out licensing, monitoring and inspection functions, had power to prosecute alleged offences under that Act.”

WLR Daily, 30th July 2008

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.

UK Guantanamo man in legal battle – BBC News

Posted July 28th, 2008 in detention, disclosure, evidence, judicial review, news, torture, war crimes by sally

“A British resident held in Guantanamo Bay is to launch a court battle to make the UK government release evidence for his defence.”

Full story

BBC News, 27th July 2008

Source: www.bbc.co.uk

Regina (Bhatt Murphy (a Firm) and Others v Independent Assessor; Regina (Niazi and Others) v Secretary of State for the Home Department – Times Law Reports

Posted July 21st, 2008 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Bhatt Murphy (a Firm) and Others v Independent Assessor; Regina (Niazi and Others) v Secretary of State for the Home Department

Court of Appeal

“The mere existence of an ex gratia scheme for compensation to the victims of miscarriages of justice was not by itself sufficient to create a legitimate expectation that the scheme would be continued. In consequence, the minister was entitled to abolish it without consultation or notice.”

The Times, 21st July 2008

Source: www.timesonline.co.uk

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

R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department – WLR Daily

Posted July 14th, 2008 in compensation, judicial review, law reports, miscarriage of justice by sally

R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department [2008] EWCA Civ 755; [2008] WLR (D) 233

The mere existence of a discretionary scheme for compensation to the victims of miscarriages of justice did not create the conditions necessary to establish a legitimate expectation that the scheme would be continued, so that the Secretary of State was entitled to withdraw it without notice or consultation.”

WLR Daily, 11th July 2008

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.

Constitutional Justice: lessons from Magna Carta – Speech by Sir Anthony Clarke

Posted July 8th, 2008 in constitutional law, judicial review, speeches by sally

Constitutional Justice: lessons from Magna Carta (PDF)

Speech by Sir Anthony Clarke, Master of the Rolls at Royal Holloway, University of London, 16th June 2008

Source: www.judiciary.gov.uk

Regina (Weaver) v London and Quadrant Housing Trust – Times Law Reports

Posted July 8th, 2008 in housing, judicial review, law reports by sally

Regina (Weaver) v London and Quadrant Housing Trust

Queen’s Bench Divisional Court

“The management and allocation of housing stock by a registered social landlord was a function of a public nature, so that it was amenable to judicial review and regarded as a public authority for the purposes of the Human Rights Act 1998.”

The Times, 8th July 2008

Source: www.timesonline.co.uk

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

R (Compton) v Wiltshire Primary Care Trust – WLR Daily

Posted July 4th, 2008 in judicial review, law reports, protective costs orders by sally

R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749; [2008] WLR (D) 221

“The Court of Appeal set down the appropriate procedure to deal with protective costs orders in the Court of Appeal.”

WLR Daily, 3rd July 2008

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 (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

Posted July 3rd, 2008 in bias, judicial review, law reports, planning by sally

R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216

“Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.”

WLR Daily, 2nd July 2008

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.

No government should award itself unreviewable powers – The Times

Posted July 3rd, 2008 in attorney general, judicial review, special report by sally

“Last week’s report by the House of Commons Justice Committee on the draft Constitutional Renewal Bill draws attention to an issue of fundamental importance: whether judicial review should be excluded if and when the Attorney-General stops a criminal investigation or prosecution on national security grounds. The committee rightly objected to such an unconstitutional immunity.”

Full story

The Times, 3rd July 2008

Source: www.timesonline.co.uk

Shiv Malik ordered to hand police source material for terrorism book – The Guardian

Posted June 27th, 2008 in confidentiality, judicial review, news, police, terrorism by sally

“Freelance journalist Shiv Malik must hand over his source material for a book on terrorism to Greater Manchester Police within seven days and pay legal costs, a judicial review of the case ruled yesterday.”

Full story

The Guardian, 27th June 2008

Source: www.guardian.co.uk

R (Weaver) v London and Quadrant Housing Trust – WLR Daily

Posted June 26th, 2008 in housing, judicial review, law reports by sally

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”

WLR Daily, 25th June 2008

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.

Legal challenge to eco-town plans – BBC News

Posted June 25th, 2008 in judicial review, news, planning by sally

“A campaign group opposed to a proposed eco-town in Warwickshire has begun a legal challenge against the government.”

Full story

BBC News, 25th June 2008

Source: www.bbc.co.uk

Shiv Malik case: Police order against journalist ruled ‘too wide’ – The Guardian

Posted June 19th, 2008 in confidentiality, judicial review, news, police, terrorism by sally

“Greater Manchester police were justified in demanding that freelance journalist Shiv Malik hand over source material for a book on terrorism, but the terms of the production order were too wide, a judicial review of the case ruled today.”

Full story

The Guardian, 19th June 2008

Source: www.guardian.co.uk

This is the 6000th item posted on the Current Awareness blog.

Scientology protest: Liberty challenges police over summons – The Guardian

Posted May 29th, 2008 in demonstrations, judicial review, news, police, public order by sally

“The police force that issued a teenager with a court summons for calling Scientology a cult could face a judicial review over the legality of its policing guidelines.”

Full story

The Guardian, 28th May 2008

Source: www.guardian.co.uk

Danger of high legal bills must be reduced, warns judge – The Guardian

Posted May 27th, 2008 in costs, environmental protection, judicial review, news by sally

“A senior High Court judge has called for an overhaul of the court costs system in environmental cases because ordinary people were being denied their right to challenge decisions affecting their lives.”

Full story

The Guardian, 25th May 2008

Source: www.guardian.co.uk