Category: judicial review

Management transfers and public functions: R(TRX) v Network Homes – Nearly Legal

Posted June 20th, 2022 in domestic violence, equality, housing, judicial review, landlord & tenant, news by tracey

‘This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially reviewed. The case concerned an application for a management transfer following threats of domestic abuse made to the Claimant, TRX, by X, her former partner. The Claimant brought 6 grounds of review after her request for a management transfer was refused by the Defendant. ‘

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process – Local Government Lawyer

Posted June 20th, 2022 in abuse of process, appeals, judicial review, local government, news, offensive weapons, sale of goods by tracey

‘Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.’

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Local Government Lawyer, 16th June 2022

Source: www.localgovernmentlawyer.co.uk

Government retracts ‘unlawful’ pollution guidance for England’s farms – The Guardian

Posted June 20th, 2022 in agriculture, codes of practice, government departments, judicial review, news, pollution, water by tracey

‘Guidance that would have allowed farmers to spread manures and slurry on land in a way that would overload it with nutrients and risk pollution of rivers, lakes and coastal waters has been changed by Defra, after a challenge over its lawfulness.’

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The Guardian , 20th June 2022

Source: www.theguardian.com

Residents threaten judicial review over Home Office decision to abandon recommended emergency evacuation plans for disabled people – Local Government Lawyer

Posted June 16th, 2022 in disabled persons, fire, government departments, health & safety, inquiries, judicial review, news by sally

‘The Home Office is facing a judicial review over its decision to ignore a Grenfell Tower inquiry’s recommendation to implement personal emergency evacuation plans for disabled people.’

Defending legal challenges to school exclusions – Local Government Lawyer

Posted June 6th, 2022 in children, disciplinary procedures, harassment, judicial review, local government, news, school children, school exclusions, sexual offences by tracey

‘The High Court recently dismissed a judicial review challenge to a school exclusion decision. Alex Line looks at the lessons to be learned from the ruling.’

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Local Government Lawyer, 31st May 2022

Source: www.localgovernmentlawyer.co.uk

Housing case law update – May 2022 – Local Government Lawyer

Posted June 6th, 2022 in appeals, disabled persons, equality, homelessness, housing, judicial review, local government, news by tracey

‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

Soldiers win legal battle to rescue Afghan interpreter – BBC News

Posted June 6th, 2022 in Afghanistan, armed forces, government departments, immigration, judicial review, news, visas by tracey

‘A group of former British soldiers have won a legal battle to bring their Afghan interpreter to the UK.’

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BBC News, 5th June 2022

Source: www.bbc.co.uk

Court refuses judicial review of SRA and LAA over control order – Legal Futures

Posted May 30th, 2022 in disciplinary procedures, judicial review, law firms, legal aid, news, Solicitors Regulation Authority by sally

‘A non-solicitor has failed in his attempt to judicially review a control order imposed on him by the Solicitors Regulation Authority (SRA) six years ago.’

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Legal Futures, 30th May 2022

Source: www.legalfutures.co.uk

Patient funding request for life-saving treatment – Law Society’s Gazette

Posted May 26th, 2022 in cancer, judicial review, medical treatment, news, Wales by sally

‘The case of R (on the application of Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin) [2022] ACD 27 involved a challenge to a refusal to fund potentially life-saving medical treatment. It concerned Maria Wallpott, a 50-year-old woman with a rare form of appendix cancer. Ms Wallpott’s clinicians had recommended that she undergo cytoreductive surgery with hyperthermic intraperitoneal chemotherapy (CRS with HIPEC). This treatment, involving the surgical removal of visible tumour and flushing with a heated chemotherapy agent, was not routinely available in Wales, in contrast to England, Scotland and Northern Ireland. An individual patient funding request (IPFR) was therefore made by Ms Wallpott’s doctor to the Welsh Health Specialised Services Committee (WHSSC), which acted on behalf of the local health board. A WHSSC panel refused the request and maintained its decision on review.’

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Law Society's Gazette, 20th May 2022

Source: www.lawgazette.co.uk

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Does the ‘no substantial difference’ test have to be pleaded? – Monckton Chambers

Posted May 23rd, 2022 in chambers articles, judicial review, news by sally

‘The “no substantial difference” test (“NSD Test”) has been a friend to every defendant, and the thorn in the side of every claimant, for seven years now.’

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Monckton Chambers, 9th May 2022

Source: www.monckton.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

Posted May 23rd, 2022 in environmental protection, judicial review, local government, news, planning by sally

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

And no extensions – Nearly Legal

Posted May 20th, 2022 in appeals, housing, judicial review, landlord & tenant, local government, news, repossession by sally

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Family of teenager stabbed to death gets judicial review into inquest findings – The Independent

Posted May 19th, 2022 in homicide, inquests, judicial review, news, offensive weapons, standard of proof, young offenders, young persons by sally

‘The family of a teenager stabbed to death in an upmarket Cheshire village has won the right to have a judicial review into his inquest findings.’

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The Independent, 18th May 2022

Source: www.independent.co.uk

Plight of Afghan judges in spotlight as court hears UK asylum challenge – The Guardian

Posted May 17th, 2022 in Afghanistan, asylum, judicial review, judiciary, news by sally

‘Alleged inconsistencies in the way the UK Home Office and Foreign Office process asylum applications from vulnerable judges in hiding in Afghanistan are being challenged at the high court in London on Tuesday.’

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The Guardian, 17th May 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted May 16th, 2022 in building law, construction industry, health, health & safety, judicial review, legislation, pensions by tracey

2022 c. 35 – Judicial Review and Courts Act 2022

2022 c. 33 – Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022

2022 c. 31 – Health and Care Act 2022

2022 c. 30 – Building Safety Act 2022

Source: www.legislation.gov.uk

Council facing judicial review challenge over approval of plans to double size of poultry farm – Local Government Lawyer

Posted May 12th, 2022 in agriculture, environmental protection, fisheries, judicial review, local government, news, planning, pollution, Wales by sally

‘A judicial review application has been made against Powys County Council over its decision to grant planning permission for the expansion of a poultry farm that is in the catchment area of a Special Area of Conservation.’

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Local Government Lawyer, 10th May 2022

Source: www.localgovernmentlawyer.co.uk

The Broads: Couple launch legal challenge over water extraction monitoring plans – BBC News

Posted May 9th, 2022 in environmental protection, government departments, judicial review, news, water by tracey

‘A couple who have spent years battling water abstraction in a national park are taking their fight to the High Court.’

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BBC News, 9th May 2022

Source: www.bbc.co.uk

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

Posted May 6th, 2022 in care homes, coronavirus, duty of care, elderly, government departments, human rights, judicial review, news by tracey

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Judicial Review of Policies – Local Government Law

Posted May 5th, 2022 in civil servants, government departments, judicial review, news, public records, statutory duty by sally

‘R (All the Citizens) v SoS (2022) EWHC 960 (Admin), a Divisional Court is concerned with whether there is a legal duty, enforceable by judicial review, to create and maintain records so that they are available for posterity, and whether policies are enforceable as a matter of public law.’

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Local Government Law, 4th May 2022

Source: local-government-law.11kbw.com