First judgment in a judicial review claim concerning the Disguised Remuneration Repayment Scheme 2020 – Devereux Chambers

‘The High Court (Mrs Justice Dias) has handed down its first judgment concerning the Disguised Remuneration Repayment Scheme 2020 (DRRS), and in particular the proper interpretation of the requirement for “reasonable disclosure”. The Claimant, Sensor Solutions Ltd, challenged a decision of HMRC not to make payments to the Claimant under the DRRS.’

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Devereux Chambers, 15th May 2024

Source: www.devereuxchambers.co.uk

High Court dismisses challenge over confinement of free school meals in London to state-funded primary schools – Local Government Lawyer

‘The High Court has rejected a legal challenge brought by a group of parents on behalf of their children against a decision by the Mayor of London to extend his Universal Free School Meals scheme for the academic year 2024-2025, but to continue to confine the scheme to state-funded primary schools.’

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Local Government Lawyer, 12th June 2024

Source: www.localgovernmentlawyer.co.uk

High Court Dismisses Agricultural Pollution/ River Wye Judicial Review: R (River Action) v Environment Agency [2024] EWHC 1279 (Admin) – Francis Taylor Building

‘The High Court (Dove J.) has today handed down an important judgment in R (River Action) v Environment Agency [2024] EWHC 1279 (Admin), dismissing a challenge to the Environment Agency’s (‘EA’) policy on the enforcement of the “Farming Rules for Water” (properly ‘the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018’).’

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Francis Taylor Building, 24th May 2024

Source: www.ftbchambers.co.uk

Council defends High Court challenge from care home operators – Local Government Lawyer

Posted June 12th, 2024 in care homes, fees, judicial review, local government, news by sally

‘Northumberland County Council has successfully defended a legal challenge brought by an unincorporated association of care home operators regarding the weekly fees paid by the local authority to care home operators.’

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Local Government Lawyer, 11th June 2024

Source: www.localgovernmentlawyer.co.uk

Campaigners issue judicial review challenge over closure of two “vital” children’s centres in Hackney – Local Government Lawyer

Posted June 11th, 2024 in children, consultations, education, judicial review, local government, news by tracey

‘A group of parents have issued a judicial review challenge to the proposed closure of two children’s centres in Hackney, arguing that the council’s consultation process was “unfair and unlawful”.’

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Local Government Lawyer, 10th June 2024

Source: www.localgovernmentlawyer.co.uk

Revocation of sponsor licence without providing a meaningful opportunity to respond is unlawful – EIN Blog

‘R (New Hope Care Ltd) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin) (24 May 2024). In these judicial review proceedings, David Pievsky KC held that the SSHD’s decision to revoke New Hope Care Ltd’s sponsor licence without first providing it a meaningful opportunity to respond was unlawful. It was inconsistent with published policy, contrary to legitimate expectation, and procedurally unfair at common law. New Hope Care is a large business which provides care services to individuals in need.’

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EIN Blog, 10th June 2024

Source: www.ein.org.uk

Interim relief in age assessment cases – Local Government Lawyer

‘The Upper Tribunal recently considered the correct approach to interim relief in age assessment cases. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Nature groups launch legal bid over wildlife loss – BBC News

‘A coalition of more than 80 nature conservation groups is launching a legal bid to force whichever party is in power next month to improve government targets on tackling wildlife decline in England.’

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BBC News, 7th June 2024

Source: www.bbc.co.uk

Court of Appeal judgment in second Manston Airport challenge – 39 Essex Chambers

‘On 21 May 2024, the Court of Appeal handed down judgment in R (on the application of Dawes) v Secretary of State for Transport & Anor [2024] EWCA Civ 560. The Court of Appeal dismissed Ms Dawes’ appeal against the High Court’s dismissal of her judicial review, which challenged a (second) development consent order permitting the re-opening of Manston Airport in Kent.’

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39 Essex Chambers , 6th June 2024

Source: www.39essex.com

Section 23 Care Act and a need for accommodation – Nearly Legal

‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’

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Nearly Legal, 28th May 2024

Source: nearlylegal.co.uk

Costs order was ‘fair’ where barrister forgot to renew his practising certificate, High Court judge finds – Law Society’s Gazette

‘Restricting the recovery of a barrister’s fees to work done while he held a practising certificate was not unfair, the High Court judge has ruled.’

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Law Society's Gazette, 28th May 2024

Source: www.lawgazette.co.uk

Disposal of open space – Local Government Lawyer

Posted May 28th, 2024 in judicial review, leases, local government, London, news, parks, sport, trusts by tracey

‘The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

DCOs and the need for development – Local Government Lawyer

Posted May 28th, 2024 in airports, judicial review, news, planning by tracey

‘The Court of Appeal recently refused an appeal against a High Court’s decision to dismiss a judicial review of the grant of development consent for Manston Airport. Barristers at Francis Taylor Building analyse the ruling.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review against council after finding Bibby Stockholm barge lies outside area subject to planning control – Local Government Lawyer

Posted May 24th, 2024 in asylum, housing, immigration, judicial review, local government, news, planning by sally

‘The High Court has dismissed a judicial review claim brought by a local resident of Portland, who contended that the area of the seabed above which the Bibby Stockholm barge is moored forms part of the “land” that is subject to planning control under the Town and Country Planning Act (TCPA).’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Challenging FOS decisions: the Options case – Pensions Barrister

Posted May 23rd, 2024 in financial advice, judicial review, news, ombudsmen by sally

‘Paul Newman KC discusses Options UK Personal Pensions LLP v Financial Services Ombudsman Ltd, in which the Court of Appeal dismissed a judicial review claim brought by a SIPP provider challenging a decision by FOS that the provider had breached its duty to carry out proper due diligence in respect of an unsuitable pension investment.’

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Pensions Barrister, 23rd May 2024

Source: www.pensionsbarrister.com

McCloud Costs Directions: BMA v HM Treasury – Pensions Barrister

Posted May 16th, 2024 in age discrimination, costs, equality, judicial review, news, pensions by sally

‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’

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Pensions Barrister, 16th May 2024

Source: www.pensionsbarrister.com

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

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Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Tom Hickman KC and Joe Tomlinson: What role did judicial review play during the pandemic? – UK Constitutional Law Association

Posted May 13th, 2024 in constitutional law, coronavirus, judicial review, news by tracey

‘In one of the most celebrated passages in legal history, Lord Atkin stated in Liversidge v Anderson [1942] AC 206 that whether in war or in peace, the laws speak in the same voice and that the judges, “stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.” During the COVID-19 pandemic, the country was on a war footing, although the enemy was a virus rather than a foreign state. The country was subject to the most severe restrictions on personal liberty in modern times, with people being confined to their homes, often for lengthy periods; families, partners, and friends separated; and schools, workplaces and places of worship closed. It provides a unique opportunity to examine how the system of judicial review responds to a prolonged crisis. This “stress test” of the judicial review system is revealing, not least by exposing the fact that it was the system rather than the judges, that had greatest impact in terms of revising and improving rules and decisions taken by governments.’

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UK Constitutional Law Association, 13th May 2024

Source: ukconstitutionallaw.org

Edith Thompson: CCRC told to revisit hanged woman’s pardon case – BBC News

‘A panel has been told to re-examine the case of a woman hanged for the murder of her husband, two months after it rejected a bid for her to be pardoned.’

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BBC News, 27th April 2024

Source: www.bbc.co.uk

City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer

‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’

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Local Government Lawyer, 25th April 2024

Source: www.localgovernmentlawyer.co.uk