Category: judicial review

Samuel Beswick: Prospective Quashing and the Rule of Law – UK Constitutional Law Association

Posted November 23rd, 2021 in bills, constitutional law, judicial review, news, rule of law by sally

‘The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates the Rule of Law. That much seems to be a matter of general agreement. But commentators drastically disagree on how it does so. Three contrasting positions on the relationship between prospective quashing and the Rule of Law have emerged: (1) that prospective-only quashing offends the Rule of Law; (2) that the technique enhances judicial flexibility without undermining the Rule of Law; and (3) that prospective-only quashing enhances the Rule of Law.’

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UK Constitutional Law Association, 23rd November 2021

Source: ukconstitutionallaw.org

Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog

Posted November 22nd, 2021 in appeals, birds, charities, EC law, human rights, hunting, judicial review, licensing, news by tracey

‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer

Posted November 22nd, 2021 in children, education, families, judicial review, local government, news, school children, statutory duty by tracey

‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

Mike Gordon: A Statutory Basis for the Ministerial Code – the Challenges – UK Constitutional Law Association

Posted November 17th, 2021 in codes of practice, conflict of interest, constitutional law, corruption, government departments, judicial review, news, parliament by sally

‘With the UK in the midst of its latest political corruption crisis, the question of the (in)adequacy of the current infrastructure concerning standards in public life is once more in the spotlight. Immediately prior to the parliamentary farce over the Owen Paterson lobbying affair, the Committee on Standards in Public Life published a significant report, Upholding Standards in Public Life: Final Report of the Standards Matter 2 Review (November 2021), outlining a number of potential changes to the system for holding politicians to account for their conduct. This blog post focuses on one of the Committee’s recommendations: that the Ministerial Code be provided with a statutory basis through a ‘requirement for the Prime Minister to issue the Ministerial Code’ being ‘enshrined in primary legislation’ (Recommendation 4).’

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UK Constitutional Law Association, 16th November 2021

Source: ukconstitutionallaw.org

Disciplinary hearings for judges to stay private in revamped system – Legal Futures

Posted November 17th, 2021 in closed material, consultations, disciplinary procedures, judicial review, lord chancellor, news, professional conduct by sally

‘The disciplinary regime for judges is set to become quicker and clearer but – unlike for solicitors and barristers – hearings will remain behind closed doors, under plans published yesterday.’

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Legal Futures, 16th November 2021

Source: www.legalfutures.co.uk

Rehabilitation and retribution: In re JR123’s application – UK Human Rights Blog

Posted November 15th, 2021 in arson, bills, burglary, criminal justice, criminal records, explosives, human rights, imprisonment, judicial review, news, Northern Ireland, proportionality, rehabilitation, sentencing, theft by tracey

‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’

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UK Human Rights Blog, 12rh November 2021

Source: ukhumanrightsblog.com

Review or repetition? – Nearly Legal

Posted November 12th, 2021 in electronic mail, homelessness, housing, judicial review, London, news by tracey

‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’

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Nearly Legal, 11th November 2021

Source: nearlylegal.co.uk

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, public interest by tracey

‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

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UK Constitutional Law Association, 9th November 2021

Source: ukconstitutionallaw.org

Jason Varuhas: Remedial Reform Part 1: Rationale – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, Supreme Court by tracey

‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

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UK Constitutional Law Association, 3rd November 2021

Source: ukconstitutionallaw.org

No 10 faces legal challenge to PM’s support for Priti Patel on bullying claims – The Guardian

Posted November 12th, 2021 in bullying, codes of practice, government departments, judicial review, news by tracey

‘The government faces a legal challenge to Boris Johnson’s decision to back Priti Patel over bullying allegations, throwing a fresh spotlight on the prime minister’s approach to ethics in public life.’

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The Guardian, 12th November 2021

Source: www.theguardian.com

High Court refuses permission for judicial review of CPR changes – Law Society’s Gazette

Posted November 9th, 2021 in appeals, civil procedure rules, dentists, disciplinary procedures, judicial review, news, professional conduct, sexual offences by tracey

‘The High Court has refused permission for judicial review of changes to the rules governing applications for permission to appeal. A pharmacist struck off for improperly touching a patient’s breasts argued that changes to CPR 52.5 made in 2016, which generally requires the Court of Appeal to determine applications without an oral hearing, were unfair.’

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Law Society's Gazette, 8th November 2021

Source: www.lawgazette.co.uk

Expert evidence ‘expressing opinion’ in JRs inadmissible, High Court rules – Law Society’s Gazette

Posted November 9th, 2021 in care homes, coronavirus, expert witnesses, government departments, judicial review, news by tracey

‘Expert evidence in a judicial review which “goes beyond comment and expresses [an] opinion” about a decision under challenge is inadmissible, the High Court has said in dismissing an application to adduce a witness statement which consists “almost entirely of opinion evidence”.’

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Law Society's Gazette, 8th November 2021

Source: www.lawgazette.co.uk

Deputy Master hits out at “unnecessary” expenditure in judicial review and clinical negligence claims on arguing about costs at assessment – Local Government Lawyer

Posted November 4th, 2021 in civil procedure rules, costs, judicial review, news, part 36 offers by sally

‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’

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Local Government Lawyer, 4th November 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court reaffirms, in the bail context, the constitutional principle that judicial orders must be obeyed unless and until set aside – Garden Court Chambers

Posted November 3rd, 2021 in appeals, bail, chambers articles, government departments, immigration, judicial review, news, rule of law, Supreme Court by sally

‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’

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Garden Court Chambers, 20th October 2021

Source: www.gardencourtchambers.co.uk

George Peretz QC: The Subsidy Control Bill: Part II – Application to legislation, questions & concerns – UK Constitutional Law Association

Posted October 29th, 2021 in bills, constitutional law, judicial review, news, parliament, state aids by tracey

‘In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review.’

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UK Constitutional Law Association, 29th October 2021

Source: ukconstitutionallaw.org

Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court

Posted October 29th, 2021 in constitutional law, government departments, human rights, judges, judicial review, judiciary, parliament, prorogation, rule of law, speeches, Supreme Court by tracey

‘The scope of judicial law-making in constitutional law and public law.’

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Supreme Court, 27th October 2021

Source: www.supremecourt.uk

George Peretz QC: The Subsidy Control Bill: Part I – A new public law regime – UK Constitutional Law Association

Posted October 28th, 2021 in bills, competition, constitutional law, judicial review, news, state aids, tribunals by sally

‘The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such view would, however, be profoundly wrong. On the contrary, the Bill sets up a new type of public litigation, covering a very wide range of public authority decisions, that should be of considerable interest to public lawyers and its application to legislation will be of interest to constitutional lawyers as well.’

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UK Constitutional Law Association, 28th October 2021

Source: ukconstitutionallaw.org

David Davis vows to lead rebellion against judicial review changes – The Guardian

Posted October 26th, 2021 in bills, government departments, judicial review, Ministry of Justice, news, parliament, political parties by sally

‘The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.’

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The Guardian, 25th October 2021

Source: www.theguardian.com

Neuberger ‘unconvinced’ by JR reform arguments – Law Society’s Gazette

Posted October 25th, 2021 in bills, government departments, judges, judicial review, news, parliament, prorogation, rule of law, Supreme Court by tracey

‘The former president of the Supreme Court has revealed that he is ‘unconvinced’ by a major argument used to justify the government’s controversial judicial review reforms.’

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Law Society's Gazette, 22nd October 2021

Source: www.lawgazette.co.uk

‘Huge increase in political litigation’: Braverman defends JR reforms – Law Society’s Gazette

Posted October 22nd, 2021 in attorney general, bills, judicial review, judiciary, news, parliament, Supreme Court by sally

‘The attorney general has defended the government’s decision to reform judicial review, telling public law specialists that cases such as the Article 50 and prorogation challenges have introduced ‘uncertainty’ into the constitutional balance between parliament, government and the courts.’

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Law Society's Gazette, 19th October 2021

Source: www.lawgazette.co.uk