Category: judicial review

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Afghan refugees lose High Court challenge over Home Office offer of bridging accommodation in Manchester – Local Government Lawyer

Posted March 29th, 2023 in Afghanistan, asylum, government departments, immigration, judicial review, news, refugees, statutory duty by sally

‘Afghan refugees who were resettled in London have lost a High Court bid to try to prevent them being sent to Manchester by the Home Office.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Time to respond to ‘minded to’ letters, and getting affordability right – Nearly Legal

Posted March 27th, 2023 in appeals, homelessness, housing, judicial review, local government, news by tracey

‘Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to ‘minded to’ letters, to affordability assessments and on the timing and role of skeleton arguments in s.204 appeals.

Tapper v Royal Borough of Kingston upon Thames (unreported, 4 January 2022, County Court at Central London, HHJ Parfitt)’

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Nearly Legal, 26th March 2023

Source: nearlylegal.co.uk

Plymouth trees: Call for independent inquiry into felling – BBC News

Posted March 17th, 2023 in environmental protection, injunctions, inquiries, judicial review, local government, news, planning, trees by tracey

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

Asylum seekers win permission to challenge UK’s Rwanda policy – The Guardian

Posted March 15th, 2023 in appeals, asylum, deportation, government departments, immigration, judicial review, news, refugees, Rwanda, trafficking in human beings by sally

‘A court of appeal judge has ruled that a group of asylum seekers can bring a legal challenge against the Home Office for what they claim has been a failure to consider the dangers and risks of deporting them to Rwanda.’

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The Guardian, 14th March 2023

Source: www.theguardian.com

Council judicial review application over asylum seeker hotels refused – Local Government Lawyer

Posted March 10th, 2023 in asylum, children, government departments, hotels, immigration, injunctions, judicial review, local government, news, refugees, social services by tracey

‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

High Court ruling expected to widen scope of legal aid for parents – Law Society’s Gazette

Posted March 10th, 2023 in children, domestic violence, families, judicial review, legal aid, legal representation, Ministry of Justice, news by tracey

‘The High Court’s decision in a challenge brought by a domestic abuse complainant against the Ministry of Justice will widen the scope of legal aid for parents who share caring arrangements, a public law campaign group has said.’

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Law Society's Gazette, 9th March 2023

Source: www.lawgazette.co.uk

UK mother unlawfully denied legal aid in case against abusive ex, court rules – The Guardian

Posted March 10th, 2023 in children, domestic violence, families, judicial review, legal aid, legal representation, Ministry of Justice, news by tracey

‘A decision to deny a single mother legal aid to enforce a child custody agreement against her abusive ex-partner was unlawful, the high court has ruled.’

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The Guardian, 9th March 2023

Source: www.theguardian.com

Domestic abuse survivor takes UK justice ministry to court over legal aid – The Guardian

Posted March 8th, 2023 in children, costs, domestic violence, families, judicial review, legal aid, Ministry of Justice, news by sally

‘A single mother and domestic abuse survivor is taking the Ministry of Justice to court this week after being refused legal aid because she was deemed to have no dependents, even though she had applied for the funding to enforce a child custody arrangement.’

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The Guardian, 6th March 2023

Source: www.theguardian.com

Judicial review applications in 2022 down more than a quarter on pre-Covid baseline of 2019: Ministry of Justice – Local Government Lawyer

Posted March 7th, 2023 in coronavirus, judicial review, Ministry of Justice, news, statistics by sally

‘There were 2,400 judicial review applications received in 2022, up 5% on 2021 (2,300) but down 28% on 2019 (from 3,400) as a pre-Covid19 baseline, the Ministry of Justice has revealed.’

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Local Government Lawyer, 3rd March 2023

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (On the application of Day) v Shropshire Council [2023] UKSC 8 – UKSC Blog

Posted March 6th, 2023 in appeals, consultations, judicial review, local government, news, planning, Supreme Court by sally

‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Plans for gas drilling in Surrey Hills to face judicial review – The Guardian

Posted March 3rd, 2023 in energy, government departments, inquiries, judicial review, miners, news, planning by sally

‘Plans to drill for gas in the Surrey Hills will be put under judicial review and could be stopped, after local campaigners took the government to the high court.’

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The Guardian, 2nd March 2023

Source: www.theguardian.com

City council settles claim alleging “discriminatory” pavement licensing policy – Local Government Lawyer

Posted March 2nd, 2023 in disability discrimination, equality, judicial review, licensing, local government, news, planning, roads by tracey

‘City of York Council has settled a wheelchair user’s judicial review claim, which argued the local authority’s pavement licensing policy was discriminatory.’

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Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Surrogacy, IVF and equality: JR176(2)’s application for judicial review – UK Human Rights Blog

Posted March 1st, 2023 in equality, gender, homosexuality, human rights, judicial review, news, sex discrimination, sexual orientation discrimination, surrogacy by sally

‘Two men are in a relationship and want to have a child. They approach a female friend who is happy to be their surrogate. She has previously had a voluntary sterilisation procedure, so she would need in-vitro fertilisation (IVF) using a donor egg (a procedure known as gestational surrogacy), to help her friends realise their wishes. This is where they all encounter a problem: voluntary sterilisation makes the woman ineligible for publicly funded IVF.’

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UK Human Rights Blog, 28th February 2023

Source: ukhumanrightsblog.com

Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’? – UK Constitutional Law Association

Posted February 23rd, 2023 in brexit, constitutional law, EC law, judicial review, news, Northern Ireland, prerogative powers, Supreme Court, treaties, ultra vires by sally

‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’

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UK Constitutional Law Association, 21st February 2023

Source: ukconstitutionallaw.org

Raw sewage in the Court of Appeal – UK Human Rights Blog

Posted February 22nd, 2023 in appeals, environmental health, human rights, judicial review, news, pollution, waste, water by tracey

‘The pumping of raw, untreated sewage into Britain’s waterways is one of the defining political issues of the day. Its potency as a legal issue, however, is limited. That, at least, is the outcome of R (Wild Justice) v OFWAT [2023] EWCA Civ 28.’

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UK Human Rights Blog, 21st February 2023

Source: ukhumanrightsblog.com

High Court judge sets aside order requiring council to provide interim relief to asylum seeker bringing legal challenge over age assessment – Local Government Lawyer

Posted February 22nd, 2023 in asylum, benefits, children, immigration, judicial review, local government, news, young persons by tracey

‘A High Court judge has granted an application from Liverpool City Council to set aside his order requiring it to provide interim relief to an asylum seeker who claimed that an age assessment carried out by the local authority was “erroneous”.’

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Local Government Lawyer, 21st February 2023

Source: www.localgovernmentlawyer.co.uk

High Court to hear first stage of ‘partygate’ challenge against Met Police – The Independent

Posted February 22nd, 2023 in coronavirus, government departments, inquiries, judicial review, news, police by tracey

‘The High Court will hear the first stage of a challenge against the Metropolitan Police over the force’s investigation into former prime minister Boris Johnson’s attendance at Number 10 parties during lockdown.’

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The Independent, 22nd February 2023

Source: www.independent.co.uk

Five councils launch judicial review over expansion of Ultra Low Emissions Zone in London – Local Government Lawyer

Posted February 20th, 2023 in environmental health, judicial review, local government, London, news, pollution, road traffic by tracey

‘A coalition of five councils have launched a judicial review into the Major of London’s decision to expand London’s Ultra Low Emissions Zone (ULEZ).’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Judicial review bid has implications for UK SIPP operators – OUT-LAW.com

Posted February 17th, 2023 in appeals, codes of practice, financial services ombudsman, judicial review, news, pensions by tracey

‘A decision expected from the Court of Appeal in London could re-open the door for the courts to consider the scope of self-invested personal pension scheme (SIPP) operators’ due diligence obligations under Financial Conduct Authority (FCA) rules, and on their obligations to compensate customers where there have been failings, legal experts have said.’

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OUT-LAW.com, 17th February 2023

Source: www.pinsentmasons.com