Category: judicial review

Covid, the Cabinet and a tussle over disclosure: R (Cabinet Office) v The Chair of the UK Covid-19 Inquiry – UK Human Rights Blog

Posted July 27th, 2023 in coronavirus, disclosure, government departments, inquiries, judicial review, news, statutory interpretation by sally

‘In a decision that may come as little surprise to those working in the fields of inquiries and public law, the Divisional Court consisting of Dingemans LJ and Garnham J dismissed the Cabinet Office’s application for judicial review of a notice issued by Baroness Hallett, the Chair of the UK Covid-19 Inquiry (“the Inquiry”) requesting the production of WhatsApp messages.’

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UK Human Rights Blog, 26th July 2023

Source: ukhumanrightsblog.com

Legal aid JR to be heard in run-up to Christmas – Law Society’s Gazette

Posted July 24th, 2023 in case management, disclosure, fees, judicial review, Law Society, legal aid, lord chancellor, Ministry of Justice, news, solicitors by tracey

‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’

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Law Society's Gazette, 24th July 2023

Source: www.lawgazette.co.uk

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

Posted July 21st, 2023 in appeals, bereavement, care homes, coroners, deprivation of liberty safeguards, disabled persons, duty of care, families, human rights, inquests, judicial review, learning difficulties, news, Supreme Court by tracey

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

Ruling gives clarity on assessing cumulative carbon emissions from infrastructure development – OUT-LAW.com

Posted July 21st, 2023 in climate change, environmental protection, government departments, judicial review, news by tracey

‘The courts in the UK should not be drawn into considering policy when examining if climate decision-making has been lawful, a High Court judge has said.’

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OUT-LAW.com, 19th July 2023

Source: www.pinsentmasons.com

Judge rejects challenge to Surrey Hills oil and gas exploration plans – The Guardian

Posted July 21st, 2023 in climate change, energy, environmental protection, judicial review, miners, news, planning by tracey

‘Fossil fuel prospectors have cleared another hurdle on their path to drill for oil and gas near an area of outstanding natural beauty (AONB) in the Surrey Hills after campaigners lost a judicial review of the plan.’

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The Guardian, 20th July 2023

Source: www.theguardian.com

Airbase asylum plans: High Court gives permission to councils’ challenge – BBC News

Posted July 14th, 2023 in airports, appeals, asylum, government departments, housing, immigration, judicial review, local government, news, refugees by sally

‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’

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BBC News, 14th July 2023

Source: www.bbc.co.uk

NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer

Posted July 10th, 2023 in budgets, hospitals, housing, judicial review, local government, news, planning by sally

‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

Posted July 7th, 2023 in climate change, energy, environmental protection, government departments, judicial review, news, planning, water by tracey

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

Court orders ministers to hand Boris Johnson’s WhatsApps to Covid inquiry – The Guardian

Posted July 7th, 2023 in coronavirus, disclosure, documents, government departments, inquiries, judicial review, news by tracey

‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

High Court begins hearing judicial review against Home Office and London borough over support for child trafficking victims – Local Government Lawyer

Posted July 6th, 2023 in children, government departments, judicial review, local government, news, trafficking in human beings, victims by sally

‘The High Court is this week (4-5 July) hearing a judicial review challenge brought by a child trafficking victim who contends he was not given any specialist support for his trafficking-related needs from the Home Office and his local authority for several years.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

Council defeats High Court challenge over sale of large plot of land next to football stadium – Local Government Lawyer

Posted July 6th, 2023 in judicial review, local government, news, sale of land by sally

‘West Northamptonshire Council has successfully defended a judicial review challenge brought by an unsuccessful bidder over the local authority’s decision to sell land adjacent to Sixfields Stadium, the home of Northampton Town Football Club.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

Elderly black man who was punched by police officer wins judicial review – The Guardian

Posted July 5th, 2023 in assault, judicial review, news, ombudsmen, police, professional conduct, race discrimination, racism by sally

‘The high court has overturned a decision by the police watchdog that an officer who punched an elderly black man in the face had no case to answer.’

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The Guardian, 4th July 2023

Source: www.theguardian.com

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog

Posted July 3rd, 2023 in appeals, asylum, equality, foreign jurisdictions, government departments, immigration, judicial review, news, refugees, Supreme Court by tracey

‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’

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UKSC Blog, 28th June 2023

Source: ukscblog.com

UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian

Posted June 30th, 2023 in coronavirus, documents, evidence, government departments, inquiries, judicial review, news, telecommunications by tracey

‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’

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The Guardian, 30th June 2023

Source: www.theguardian.com

Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News

Posted June 30th, 2023 in judicial review, local government, news, parks, planning, sewerage, Wales, waste, water by tracey

‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’

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BBC News, 29th June 2023

Source: www.bbc.co.uk

Society secures JR permission over criminal legal aid fees – Law Society’s Gazette

Posted June 23rd, 2023 in budgets, criminal justice, fees, judicial review, Law Society, legal aid, Ministry of Justice, news, sentencing by tracey

‘The Law Society has been granted permission to take the government to court over its decision not to raise criminal legal aid fees by the minimum 15% recommended by the Bellamy review.’

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Law Society's Gazette, 22nd June 2023

Source: www.lawgazette.co.uk

Tim Sayer: The Passive Virtues and the Abuse of Delegated Legislation: Courts, the Political Constitution and the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

Posted June 21st, 2023 in constitutional law, judicial review, news by tracey

‘In 1961 Alexander Bickel argued that the US Supreme Court should adopt what he called the “passive virtues” – minimising engagement with hard constitutional questions so as to keep its powder dry for the most essential issues. One such question that appears headed for the UK courts is the Home Secretary’s decision to use delegated powers in the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) to introduce the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (“the Regulations”) conferring additional powers on the police to impose restrictions on protests and processions. Notwithstanding existing concerns around the use of delegated legislation to introduce substantive and controversial policy, the unusual and serious constitutional issue here is that the Regulations make changes to the law specifically rejected by Parliament during debates on the 2022 Act.’

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UK Constitutional Law Association, 19th June 2023

Source: ukconstitutionallaw.org

Liberty launches judicial review challenge arguing protest law is “unjustified interference” with Parliamentary sovereignty – Local Government Lawyer

Posted June 20th, 2023 in demonstrations, government departments, judicial review, news, parliament, public order, regulations by sally

‘The National Council for Civil Liberties, also known as Liberty, is threatening a judicial review of the Home Secretary’s efforts to widen the circumstances in which the police can impose conditions on people organising or taking part in protests.’

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Local Government Lawyer, 19th June 2023

Source: www.localgovernmentlawyer.co.uk

Planning enforcement and equalities duties – Local Government Lawyer

Posted June 16th, 2023 in children, enforcement, equality, families, housing, human rights, judicial review, local government, news, planning by tracey

‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

Homeless single mother wins High Court battle against London borough – Local Government Lawyer

Posted June 16th, 2023 in asylum, children, families, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk