Category: judicial review

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

Posted November 28th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Holocaust denial, hyperlinks and YouTube: Chabloz again – Law & Religion UK

Posted November 21st, 2019 in internet, Judaism, judicial review, malicious communications, news, racism, religiously aggravated offences, statutory interpretation by sally

‘Alison Chabloz was convicted in 2018 at Westminster Magistrates’ Court of three offences contrary to s.127(1) of the Communications Act 2003.

On appeal, in R v Alison Chabloz [2019] Southwark Crown Court 13 February, the issue was whether or not the three songs were “grossly offensive” [2]. She lost.

She then sought to appeal by way of case stated; however, following a hearing in May concerned with how the matter should proceed, the judge refused to state a case and indicated that the proper course was for her to seek permission for judicial review of the written ruling. No such application was ever formally made, although written grounds for judicial review were produced in September 2019. In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin), Coulson LJ sets out the rather confusing procedural history of the case at [2]-[5].

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Law & Religion UK, 20th November 2019

Source: www.lawandreligionuk.com

High court quash coroner’s anonymity ruling and allows family of Andrew Hall to see inquest evidence of police officers – Garden Court Chambers

Posted November 20th, 2019 in anonymity, coroners, inquests, judicial review, news, police by sally

‘On 30 October 2019 the High Court ordered that seven family members be entitled to see 16 West Yorkshire police offers and a custody nurse give evidence at the inquest into the death of Andrew Hall, quashing the coroner’s ruling on anonymity.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

High Court declares trafficking policy unlawful for preventing effective access to victims to be correctly identified in breach of UK’s trafficking obligations – Garden Court Chambers

Posted November 20th, 2019 in judicial review, news, trafficking in human beings by sally

‘The Claimant, DS, is a victim of sexual exploitation and human trafficking. In 2018 the Home Office rejected her claim to have been trafficked. Her lawyers obtained new significant expert evidence in support of her claim and asked the Home Office to reconsider the negative decision. The Home Office refused to consider this request, relying on a policy, which stated that only a First Responder or NRM support provider can make a reconsideration request on behalf of the victim. The Home Office refused to even look at the evidence on this basis. It was only after a court challenge was launched and the Court granted DS permission to proceed with her case to trial that the Home Office agreed to look at her individual decision again, and finally accept that she is a victim of trafficking.’

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Garden Court Chambers, 15th November 2019

Source: www.gardencourtchambers.co.uk

Social media posts referred to police could show up on DBS background checks despite not being a crime – Daily Telegraph

Posted November 20th, 2019 in criminal records, freedom of expression, human rights, internet, judicial review, news, police, vetting by sally

‘Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.’

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Daily Telegraph, 19th November2019

Source: www.telegraph.co.uk

Follower notices invalid, says Court of Appeal – OUT-LAW.com

Posted November 15th, 2019 in appeals, HM Revenue & Customs, interest, judicial review, loans, news, striking out, tax avoidance, taxation by sally

‘The Court of Appeal in England has quashed follower notices issued to a participant in a film partnership on the basis that tax authority HM Revenue & Customs (HMRC) could not have been of the opinion that the judicial ruling they were based on was relevant to the taxpayer’s case.’

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OUT-LAW.com, 14th November 2019

Source: www.pinsentmasons.com

Council failed to consider impact of proposed retail development on local post office, High Court finds – Local Government Lawyer

Posted November 14th, 2019 in judicial review, local government, news, planning, postal service by sally

‘Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

General election 2019: Lib Dems launch legal action over ITV debate – BBC News

Posted November 12th, 2019 in elections, judicial review, media, news, political parties by sally

‘The Liberal Democrats are launching a legal challenge against ITV over its decision to exclude their leader from the channel’s election debate.’

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BBC News, 11th November 2019

Source: www.bbc.co.uk

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment – Local Government Lawyer

Posted November 11th, 2019 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Ten years on: how has the Supreme Court fared? – Counsel

Posted November 7th, 2019 in appeals, brexit, constitutional law, judicial review, jurisdiction, news, parliament, prorogation, statutory interpretation, Supreme Court by sally

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

Rise of the algorithms – UK Human Rights

Posted November 5th, 2019 in artificial intelligence, benefits, computer programs, facial mapping, immigration, judicial review, news by sally

‘The use of algorithms in public sector decision making has broken through as a hot topic in recent weeks. The Guardian recently ran the “Automating Poverty” series on the use of algorithms in the welfare state. And on 29 October 2019 it was reported that the first known legal challenge to the use of algorithms in the UK, this time by the Home Office, had been launched. It was timely, then, that the Public Law Project’s annual conference on judicial review trends and forecasts was themed “Public law and technology”.’

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UK Human Rights Blog, 4th November 2019

Source: ukhumanrightsblog.com

EPA prosecutions and costs – Nearly Legal

Posted November 1st, 2019 in compensation, costs, damages, environmental health, health & safety, housing, judicial review, jurisdiction, landlord & tenant, news, proportionality by sally

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

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Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

Shannon Woodley discusses Raqeeb V Barts NHS Foundation Trust – Park Square Barristers

Posted October 31st, 2019 in children, consent, EC law, hospitals, human rights, judicial review, medical treatment, news by sally

‘A series of high-profile cases have highlighted the difficulty faced by the courts when presented with chronically ill children who have exhausted their options for medical treatment in the UK, and whose parents or carers wish to take them abroad to seek further treatment.’

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Park Square Barristers, 8th October 2019

Source: www.parksquarebarristers.co.uk

David Dennis: Llewellyn, Hart and Miller 2 – UK Constitutional Law Association

Posted October 30th, 2019 in constitutional law, judicial review, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative by sally

‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’

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UK Constitutional Law Association, 29th October 2019

Source: ukconstitutionallaw.org

Judicial review challenge on health inequalities caused by NHS Charging Scheme for migrant women and their children – Garden Court Chambers

Posted October 29th, 2019 in birth, domestic violence, female genital mutilation, health, judicial review, news, pregnancy by sally

‘Judicial review proceedings have been launched on behalf of Maternity Action, a leading maternity rights charity, challenging the Secretary of State for Health’s NHS Charging Regime. The disproportionate effect of charging is most stark amongst destitute pregnant women, new mothers, survivors of domestic abuse, sexual violence and Female Genital Mutilation and destitute migrant families supported by local authorities, who are overwhelmingly women.’

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Garden Court Chambers, 15th October 2019

Source: www.gardencourtchambers.co.uk

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association

Posted October 25th, 2019 in armed forces, constitutional law, enforcement, government departments, judicial review, judiciary, jurisdiction, news, parliament, Supreme Court by sally

‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org

Harry Dunn’s family to begin legal action against Foreign Office and Northamptonshire Police – Daily Telegraph

Posted October 25th, 2019 in accidents, bereavement, diplomats, families, government departments, immunity, judicial review, news, police, professional conduct, road traffic offences by sally

‘The family of Harry Dunn will shortly issue a letter of claim to begin legal action against the Foreign Office and Northamptonshire Police, spokesman Radd Seiger said.’

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Daily Telegraph, 24th October 2019

Source: www.telegraph.co.uk

Seahorses are to be given greater protection from oil drilling after a landmark High Court challenge – Daily Telegraph

Posted October 23rd, 2019 in animals, consultations, energy, environmental protection, judicial review, news by sally

‘Seahorses are to be given greater protection from oil drilling off British coastlines after a landmark High Court challenge.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Legal challenge launched against government over ‘whitewash’ review of counter-extremism programme – The Independent

Posted October 22nd, 2019 in crime prevention, judicial review, news, recruitment, terrorism by sally

‘A legal battle has been launched against the government over a review of its Prevent counter-extremism strategy, with allegations it will be a “whitewash”, The Independent can reveal. Campaigners are challenging the appointment of Lord Carlile as the independent reviewer, after he called the probe “completely unnecessary” and claimed it was based on a “complete lack of evidence”.’

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The Independent, 21st October 2019

Source: www.independent.co.uk

Government revokes Brexit regulation after judicial review threat – Law Society’s Gazette

Posted October 18th, 2019 in brexit, customs and excise, HM Revenue & Customs, judicial review, ministers' powers and duties, news, regulations, VAT by sally

‘The government has pledged to not use Henry VIII powers to make Brexit legislation after a public law charity threatened legal action.’

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Law Society's Gazette, 17th October 2019

Source: www.lawgazette.co.uk