Boost for public safety as four justice bills receive Royal Assent – Ministry of Justice

‘The government delivers on its pledge to protect the public better and restore confidence in the criminal justice system as four major bills became law today (28 April).’

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Ministry of Justice, 28th April 2022

Source: www.gov.uk

Legal challenge sees decision to close hospital over staffing issues quashed – Local Government Lawyer

Posted April 26th, 2022 in consultations, coronavirus, hospitals, judicial review, news, statutory duty by sally

‘An NHS Trust has conceded, following a judicial review challenge, that its decision to close a hospital over staffing issues partly attributed to pandemic pressures was unlawful.’

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Local Government Lawyer, 25th April 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court to issue ruling next week on lawfulness of voter ID pilot schemes – Local Government Lawyer

‘The Supreme Court will next week (27 April) issue its ruling on whether the voter identification (“ID”) pilot schemes that were implemented in the May 2019 local government elections were lawful.’

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Local Government Lawyer, 21st April 2022

Source: www.localgovernmentlawyer.co.uk

EPA prosecution costs – Nearly Legal

‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’

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Nearly Legal, 18th April 2022

Source: nearlylegal.co.uk

‘£33 quadrillion’ serial litigant given two-year court ban – Law Society’s Gazette

Posted April 14th, 2022 in arbitration, judicial review, news, restraining orders, vexatious litigants by tracey

‘A serial litigant who has “repeatedly advanced baseless allegations of dishonesty and bad faith” in a litany of claims has been banned from bringing claims in the High Court for two years.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers

‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’

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Henderson Chambers, 31st March 2022

Source: www.hendersonchambers.co.uk

High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man – Local Government Lawyer

‘A High Court judge has found Cardiff City Council in contempt of court over its failure to comply with a mandatory injunction in a case concerning future placement planning for a young man with a range of diagnoses including autistic spectrum disorder and severe communication and learning difficulties.’

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Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

Lewis Graham: The Reed Court by Numbers: How Shallow is the ‘Shallow End’? – UK Constitutional Law Association

Posted April 4th, 2022 in constitutional law, judicial review, news, Supreme Court by sally

‘In a recent critical essay for the London Review of Books, Conor Gearty penned a wonderful, if provocative, account of the recent output of the UK Supreme Court, and attributed a substantial amount of influence to its President, Lord Reed. His “commitment to formalism”, said Gearty, has led to a series of decisions which shrink human rights protections, valorise the state and (especially) the government, and “insulate the decision-maker from judicial review” in all but the most extreme circumstances. The Supreme Court, he suggested, is in no danger of being out of its depth; Reed has marshalled the judges to the safe waters of “the shallow end”.’

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UK Constitutional Law Association, 4th April 2022

Source: ukconstitutionallaw.org

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability – Local Government Lawyer

Posted March 31st, 2022 in judicial review, local government, news, planning, time limits by sally

‘A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Judge refuses Tesco permission to bring judicial review challenges over permissions for new Aldi store – Local Government Lawyer

Posted March 30th, 2022 in judicial review, local government, news, planning by sally

‘A High Court judge has refused Tesco permission to bring two judicial review claims over grants of planning permission by Havering Council that will facilitate a new Aldi store in Romford.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

UK High Court rules blanket seizure of asylum seekers’ phones breached Article 8 ECHR – EIN Blog

‘On 25 March 2022, the UK High Court ruled that the Home Office acted unlawfully and breached human rights and data protection laws by operating a secret, blanket policy of seizing, retaining and extracting data from the mobile phones of asylum seekers arriving by small boat to UK shores between April and November 2020.’

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EIN Blog, 25th March 2022

Source: www.ein.org.uk

Greater Manchester: Bus firm appeals against public control ruling – BBC News

Posted March 28th, 2022 in appeals, consultations, judicial review, local government, news, transport by tracey

‘A bus operator that lost a legal battle to stop Greater Manchester’s bus network returning to public control is appealing against the ruling.’

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BBC News, 27th March 2022

Source: www.bbc.co.uk

Good Law Project fails to revive PPE claim after serving one day late – Law Society’s Gazette

‘The Good Law Project (GLP) has lost a bid to revive a judicial review which was thrown out after the legal campaign group served a claim form one day late.’

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Law Society's Gazette, 24th March 2022

Source: www.lawgazette.co.uk

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

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UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Just over half of judicial review judgments are available to the public on Bailii: report – Local Government Lawyer

‘Of the 5,408 unique judgments given by the Administrative Court from 1 January 2015 to 31 December 2020, only 55% (3,001) are available to the public on BAILII, research has suggested.’

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Local Government Lawyer, 8th March 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives permission for legal challenge to Net Zero and Heat and Buildings Strategies – Local Government Lawyer

Posted March 8th, 2022 in charities, climate change, environmental protection, judicial review, news by tracey

‘Three campaign groups – Friends of the Earth, ClientEarth and the Good Law Project – have been given permission to bring a legal challenge in the High Court over the Government’s Net Zero and Heat and Buildings Strategies.’

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Local Government Lawyer, 7th March 2022

Source: www.localgovernmentlawyer.co.uk

Neighbourhood plans and draft Local Plan allocation – Local Government Lawyer

Posted March 7th, 2022 in housing, judicial review, local government, news, planning by tracey

‘A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.’

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Local Government Lawyer, 4th March 2022

Source: www.localgovernmentlawyer.co.uk

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

Daniel Hoadley, Joe Tomlinson, Editha Nemsic and Cassandra Somers-Joce: How public is public law? Approximately 55% – UK Constitutional Law Association

Posted February 28th, 2022 in constitutional law, internet, judgments, judicial review, news, statistics by sally

‘Judicial review judgments possess multi-layered value. For the parties to a case, they are an authoritative record of the outcome of a legal dispute, providing reasons for that outcome. For lawyers and judges, they support the provision of advice about the law and become legal authorities that can be used to argue and resolve future disputes. As a part of the wider constitutional system, they bring a degree of transparency to the judicial process. For researchers, they form part of the primary materials that can be subjected to different methodologies that seek to advance the understanding and analysis of public law in the courts.’

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UK Constitutional Law Association, 25th February 2022

Source: ukconstitutionallaw.org

Vicky Kapogianni: Clause 45 of the Nationality and Borders Bill: A Quasi-Open Window of Access to Justice – UK Constitutional Law Association

Posted February 24th, 2022 in asylum, bills, human rights, judicial review, legal aid, news, refugees by sally

‘Access to justice is a fundamental right in the common law and an essential part of the rule of law. In R v Lord Chancellor Ex Parte Witham, Laws J stated that the common law affords special weight to the right of access to the courts as a constitutional right. Such a constitutional right derives chiefly from two sources, the common law per se and Article 6 of the European Convention on Human Rights (ECHR). One of the major issues, however, for asylum seekers is the fact that the guarantees afforded under Article 6 ECHR, do not apply to asylum decisions. Its wider protection is constrained to the determination of “civil rights and obligations” and the right to asylum is not considered a “civil right” within the context of Article 6 (1) ECHR. Therefore, asylum seekers whose applications for refugee status or humanitarian protection have been unsuccessful, including refugees whose leave to enter or remain has been revoked, are subject to removal under section 10 of the Immigration and Asylum Act 1999.’

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UK Constitutional Law Association, 24th February 2022

Source: ukconstitutionallaw.org