judicial review – Page 20 – Current Awareness

Court of Appeal refuses permission to judicially review infected blood compensation scheme – UK Human Rights Blog

Posted February 22nd, 2022 in appeals, blood products, compensation, disability discrimination, equality, HIV, human rights, judicial review, news by tracey

‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

UK Human Rights Blog, 21st February 2022

Source: ukhumanrightsblog.com

A question of standing – UK Human Rights Blog

Posted February 21st, 2022 in coronavirus, delay, equality, government departments, human rights, judicial review, news by sally

‘This was an interesting ruling on the matter of standing, something that has fallen rather by the wayside since it formed the subject of much satellite litigation in the 1990s. In essence, the Court ruled that the GLP had no standing to bring this claim. Despite its articles of association, whose purposes include the provision of sound administration and equality, democracy, high standards in public administration, access to justice, preservation of the environment or “any other philanthropic or benevolent purpose ancillary”.’

UK Human Rights Blog, 18th February 2022

Source: ukhumanrightsblog.com

Homelessness – second applications and new facts threshold – Nearly Legal

Posted February 21st, 2022 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’

Nearly Legal, 19th February 2022

Source: nearlylegal.co.uk

Euston tunnellers’ court victory at risk as CPS seeks to overturn verdict – The Guardian

Posted February 15th, 2022 in climate change, demonstrations, judicial review, news, railways, trespass by tracey

‘The Crown Prosecution Service has launched a high court challenge to the decision by a judge last year to let the Euston tunnellers walk free after their trial.’

The Guardian, 14th February 2022

Source: www.theguardian.com

High Court gives permission for judicial review over impact of development on diversity and character of Brick Lane area – Local Government Lawyer

Posted February 1st, 2022 in diversity, judicial review, news, planning by sally

‘Campaigners have secured permission for a judicial review challenge over Tower Hamlets Council’s grant of planning permission for a new office building on Brick Lane.’

Local Government Lawyer, 31st January 2022

Source: www.localgovernmentlawyer.co.uk

R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy – Nearly Legal

Posted January 28th, 2022 in charities, government departments, homelessness, housing, judicial review, local government, news, statutory duty by tracey

‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’

Nearly Legal, 24th January 2022

Source: nearlylegal.co.uk

Government defeats High Court challenge to ending of ‘Everyone In’ initiative – Local Government Lawyer

Posted January 20th, 2022 in coronavirus, government departments, homelessness, housing, judicial review, news by tracey

‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’

Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Met Police facing legal action over ‘failure’ to probe Downing Street Christmas party – The Independent

Posted January 19th, 2022 in coronavirus, criminal justice, government departments, judicial review, news, police, pre-action conduct by michael

‘The Metropolitan Police is facing legal action if it fails to investigate reports of the Downing Street Christmas party in 2020, according to campaigners.’

The Independent, 19th January 2022

Source: www.independent.co.uk

Home Office age assessment policy for asylum seekers is unlawful, High Court rules – The Independent

Posted January 19th, 2022 in asylum, children, detention, government departments, immigration, judicial review, news, refugees, young persons by michael

‘The Home Office’s process for age assessing young asylum seekers when they arrive in the UK has been ruled unlawful by the High Court.’

The Independent, 19th January 2022

Source: www.independent.co.uk

High court to hear claims Sarah Everard vigil ban breached human rights – The Guardian

Posted January 19th, 2022 in coronavirus, demonstrations, fines, freedom of expression, human rights, judicial review, kidnapping, murder, news, police, women by michael

‘Women’s rights activists are at the high court to argue that the police’s decision to ban a vigil for Sarah Everard in London was a breach of their human rights.’

The Guardian, 19th January 2022

Source: www.theguardian.com

Prince Harry in legal fight to pay for UK police protection – BBC News

Posted January 17th, 2022 in government departments, judicial review, news, police, royal family by tracey

‘Prince Harry is seeking a judicial review against a refusal of the Home Office to allow him to personally pay for police protection when in the UK.’

BBC News, 16th January 2022

Source: www.bbc.co.uk

High Court dismisses JR over immigration detainees’ legal advice – Law Society’s Gazette

Posted January 14th, 2022 in detention, immigration, judicial review, legal services, lord chancellor, Ministry of Justice, news by tracey

‘The High Court has dismissed a judicial review brought against the lord chancellor over immigration detainees’ access to justice.’

Law Society's Gazette, 13th January 2022

Source: www.lawgazette.co.uk

Failure to prosecute over boy’s drowning in Welsh river ‘irrational’, court told – The Guardian

Posted January 14th, 2022 in children, Crown Prosecution Service, families, homicide, judicial review, news, police, prosecutions, race discrimination, racism, young offenders, young persons by tracey

‘The decision not to prosecute a teenager accused of pushing a 13-year-old boy into a river was legally flawed and unreasonable or irrational, a court has heard.’

The Guardian, 13th January 2022

Source: www.theguardian.com

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments – Local Government Lawyer

Posted January 13th, 2022 in judicial review, local government, news, planning, roads by tracey

‘Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.’

Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Covid: Government’s PPE ‘VIP lane’ unlawful, court rules – BBC News

Posted January 13th, 2022 in coronavirus, judicial review, news, protective equipment, public procurement by tracey

‘The government’s use of a “VIP lane” to award contracts for personal protective equipment (PPE) to two companies was unlawful, the High Court has ruled.’

BBC News, 12th January 2022

Source: www.bbc.co.uk

UK faces legal action for approving firm accused of using forced labour as PPE supplier – The Guardian

Posted January 7th, 2022 in forced labour, government departments, judicial review, news, public procurement by tracey

‘The UK government is facing legal action over its decision to keep using a Malaysian company accused of using forced labour as a supplier of personal protective equipment (PPE) to the NHS.’

The Guardian, 6th January 2022

Source: www.theguardian.com

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

Posted January 4th, 2022 in deportation, detention, false imprisonment, government departments, HIV, immigration, judicial review, medical treatment, news by tracey

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

The Independent, 1st January 2022

Source: www.independent.co.uk

Information Commissioner’s Office challenged over Whitehall JR submissions – Law Society’s Gazette

Posted December 21st, 2021 in bills, consultations, disclosure, freedom of information, government departments, judicial review, Ministry of Justice, news by sally

‘Public law specialists have begun legal proceedings against the Information Commissioner’s Office over publication of Whitehall submissions on judicial review that have influenced controversial reforms.’

Law Society's Gazette, 20th December 2021

Source: www.lawgazette.co.uk

The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog

Posted December 21st, 2021 in appeals, armed forces, human rights, judicial review, news, Northern Ireland, police, statutory duty, unlawful killing by sally

‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’

UK Police Law Blog, 20th December 2021

Source: ukpolicelawblog.com

Home Office facing legal action over rights of 2.5 million EU nationals – The Independent

Posted December 15th, 2021 in brexit, citizenship, government departments, immigration, judicial review, news, ombudsmen by tracey

‘The Home Office is facing legal action over its treatment of millions of EU nationals in the UK.’

The Independent, 14th December 2021

Source: www.independent.co.uk

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