judicial review – Page 109 – Current Awareness

Regina (D) v Bromley London Borough Council and Another – Times Law Reports

Posted November 20th, 2007 in judicial review, law reports, school exclusions by sally

Regina (D) v Bromley London Borough Council and Another

Court of Appeal

“It was contrary to natural justice for an education appeals panel to fail to provide an excluded pupil with the opportunity to comment on exceptional circumstances or other reasons which led the panel to refuse to direct his reinstatement at the school from which he had been permanently excluded.”

The Times, 20th November 2007

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.

Davey v Aylesbury Vale District Council – WLR Daily

Posted November 19th, 2007 in Administrative Court, costs, judicial review by sally

Davey v Aylesbury Vale District Council [2007] EWCA Civ 1166

“The Court of Appeal gave guidance as to the recoverability of pre-permission costs by a successful defendant following dismissal of the substantive judicial review claim.”

WLR Daily, 16th November 2007

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 (Faithfull) v Crown Court at Ipswich – WLR Daily

Posted October 31st, 2007 in compensation, confiscation, judicial review, law reports by sally

R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin)

“Confiscation and compensation orders made in criminal proceedings in the Crown Court were not amenable to judicial review and nothing in the Human Rights Act 1998 required that they should be.”

WLR Daily, 26th October 2007

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.

Judicial Review Decisions in the Crown Court – Law Commission

Posted October 31st, 2007 in consultations, criminal procedure, judicial review by sally

“The High Court has the power to judicially review decisions in the Crown Court, except in ‘matters relating to trial on indictment’ (s 29(3) Supreme Court Act 1981). The rationale for the exclusion is that judicial review should not be used as a means of delaying trials and clogging up the criminal justice process.”

Full story

Law Commission, 30th October 2007

Source: www.lawcom.gov.uk

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same – Times Law Report

Posted October 18th, 2007 in human rights, judicial review, law reports, parole, sentencing by sally

Relationship too close for independence of board

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same

Queen’s Bench Divisional Court

“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”

The Times, 18th October 2007

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.

Al Gore’s inconvenient judgment – The Times

Posted October 11th, 2007 in climate change, education, judicial review, news by sally

“Al Gore’s award-winning climate change documentary was littered with nine inconvenient untruths, a judge ruled yesterday.”

Full story

The Times, 11th October 2007

Source: www.timesonline.co.uk

LSC faces judicial review – Law Society’s Gazette

Posted October 5th, 2007 in fees, judicial review, mental health, news by sally

“The Mental Health Lawyers Association (MHLA) has launched judicial review proceedings against the Legal Services Commission (LSC) over its decision to introduce a fixed-fee scheme for mental health work.”

Full story

Law Society’s Gazette, 4th October 2007

Source: www.lawgazette.co.uk

Regina (Madan) v Secretary of State for the Home Department; Regina (Kapoor) v Same – Times Law Reports

Posted August 28th, 2007 in deportation, judicial review, law reports by sally

Challenging deportation decisions quickly

Regina (Madan) v Secretary of State for the Home Department; Regina (Kapoor) v Same

Court of Appeal

“Applications for judicial review of deportation decisions had to be made promptly. The Court of Appeal so stated in a reserved judgment following a hearing of applications in judicial review proceedings by Harmit Singh Madan and Barat Kapoor for permission to appeal against the refusal by Mr Justice Mitting on June 26, 2007 to grant injunctions to prevent their removal to Afghanistan.”

The Times, 27th August 2007

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.

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

Posted August 28th, 2007 in immigration, judicial review, law reports by sally

Judicial review not available

Regina (F (Mongolia)) v Secretary of State for the Home Department

Court of Appeal

“Judicial review was not available to challenge a refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge’s decision. ”

The Times, 28th August 2007

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.

Regina (Donnachie) v. Cardiff Magistrates’ Court – Times Law Reports

Posted August 22nd, 2007 in case stated, judicial review, law reports, trade descriptions by sally

Final determination can be challenged

Regina (Donnachie) v. Cardiff Magistrates’ Court

Queen’s Bench Divisional Court

“A ruling on a preliminary issue on jurisdiction by a district judge was a final determination that could be challenged by case stated or by judicial review.”

The Times, 22nd August 2007

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.

Regina (Singh) v. Stratford Magistrates Court – Times Law Reports

Posted August 13th, 2007 in guardianship, judicial review, law reports, mental health by sally

No entitlement to trial

Regina (Singh) v Stratford Magistrates Court

“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”

The Times, 13th August 2007

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 (Donnachie) v. Cardiff Magistrates’ Court – WLR Daily

Posted August 1st, 2007 in case stated, judicial review, law reports, trade descriptions by sally

R (Donnachie) v. Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin)

“Where a district judge had decided a preliminary issue as to jurisdiction his ruling could properly be challenged by way of case stated or judicial review. An offence under s1(1)(a) of the Trade Descriptions Act 1968 was a separate offence from that created by s1(1)(b) and was committed at the time when an odometer reading was altered. The local authority rather than one of its officers was the prosecutor within the meaning of s19 of the 1968 Act and it discovered an offence under that section when one of its officers first became aware of the offence.”

WLR Daily, 27th July 2007

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 (Horvath) v. Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports

Posted July 30th, 2007 in common agricultural policy, judicial review, law reports, references to European Court by sally

Disparity reference to ECJ

Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs

Court of Appeal

“The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference.”

The Times, 30th July 2007

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.

Law Society lands shock legal aid review win – Legal Week

Posted July 28th, 2007 in judicial review, legal aid, legal services, news by sally

“The Law Society has dealt a major blow to the Government’s controversial plans to reform the £2bn legal aid system after a High Court judge upheld the bulk of the body’s objections to the proposals.”

Full story

Legal Week, 27th July 2007

Source: www.legalweek.com

BME judicial review withdrawn – Law Society’s Gazette

Posted July 27th, 2007 in judicial review, legal aid, legal profession, minorities, news by sally

“The Black Solicitors Network (BSN) and the Society of Asian Lawyers (SAL) have withdrawn their joint judicial review action over the government’s legal aid reforms.”

Full story

Law Society’s Gazette, 26th July 2007

Source: www.lawgazette.co.uk

Carter judicial review settles – The Lawyer

Posted July 20th, 2007 in judicial review, legal aid, legal profession, minorities, news by sally

“The much-anticipated judicial review brought by black and Asian lawyers against the Government’s Carter reforms ended abruptly yesterday (19 July) after the application was withdrawn.”

Full story

The Lawyer, 20th July 2007

Source: www.thelawyer.com

Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others – Times Law Reports

Posted June 29th, 2007 in doctors, judicial review, law reports, recruitment by sally

Courts cannot judge specialist policy

Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others

Queen’s Bench Division

“Where a specialist body’s decision involved balancing policy issues which a court was ill-equipped to judge, that reduced the likelihood that the decision would be found to be an abuse of power.”

The Times, 29th June 2007

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.

General Medical Council v. Hiew – Times Law Reports

Posted June 15th, 2007 in doctors, judicial review, law reports by sally

Extending suspension of doctor

General Medical Council v. Hiew

Court of Appeal

“It was not the function of a judge being asked to extend the interim suspension from practice of a doctor by the General Medical Council to make findings of fact that led to the suspension. If the reason for the suspension was to be challenged, the doctor should seek judicial review.”

The Times, 15th June 2007

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.

Regina (Cooper) v. Parole Board – Times Law Reports

Posted June 6th, 2007 in judicial review, law reports, parole by sally

Parole board 55-day target unlawful

Regina (Cooper) v. Parole Board

Queen’s Bench Division

“Parole Board’s target of 55 days from request for the setting of hearing dates to considering the propriety of a person’s recall to prison, being driven by resources, was unlawful.”

The Times, 6th June 2007

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.

High Court thwarts legal aid judicial review call – Legal Week

Posted June 5th, 2007 in judicial review, legal aid, news by sally

“The campaign to force the Government to scale back its controversial legal aid reforms has been dealt a blow after the High Court rejected the first call for a judicial review over the planned changes.”

Full story

Legal Week, 4th June 2007

Source: www.legalweek.com