‘Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.’
Daily Telegraph, 19th November2019
Source: www.telegraph.co.uk
‘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.’
OUT-LAW.com, 14th November 2019
Source: www.pinsentmasons.com
‘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.’
Local Government Lawyer, 14th November 2019
Source: www.localgovernmentlawyer.co.uk
‘The Liberal Democrats are launching a legal challenge against ITV over its decision to exclude their leader from the channel’s election debate.’
BBC News, 11th November 2019
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 11th November 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Counsel, November 2019
Source: www.counselmagazine.co.uk
‘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”.’
UK Human Rights Blog, 4th November 2019
Source: ukhumanrightsblog.com
‘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.’
Nearly Legal, 31st October 2019
Source: nearlylegal.co.uk
‘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.’
UK Constitutional Law Association, 29th October 2019
Source: ukconstitutionallaw.org
‘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.’
Garden Court Chambers, 15th October 2019
Source: www.gardencourtchambers.co.uk
‘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.’
UK Constitutional Law Association, 24th October 2019
Source: ukconstitutionallaw.org
‘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.’
Daily Telegraph, 24th October 2019
Source: www.telegraph.co.uk
‘Seahorses are to be given greater protection from oil drilling off British coastlines after a landmark High Court challenge.’
Daily Telegraph, 22nd October 2019
Source: www.telegraph.co.uk
‘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”.’
The Independent, 21st October 2019
Source: www.independent.co.uk
‘The government has pledged to not use Henry VIII powers to make Brexit legislation after a public law charity threatened legal action.’
Law Society's Gazette, 17th October 2019
Source: www.lawgazette.co.uk
‘Police have banned climate campaigners Extinction Rebellion (XR) from protesting in London, a move that human rights groups have condemned as “chilling”. What power does the police have to do this, and is it lawful? RightsInfo explores.’
Rights Info, 15th October 2019
Source: rightsinfo.org
‘Lawyers for Extinction Rebellion have filed an urgent application for a judicial review hearing at the high court in London, as the number of arrests in 10 days of demonstrations rose to more than 1,600.’
The Guardian, 16th October 2019
Source: www.theguardian.com
‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’
Nearly Legal, 13th October 2019
Source: nearlylegal.co.uk
‘In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland, the Supreme Court briefly directed its focus to its understanding of the nature of “nullity” following a finding of administrative unlawfulness. Its approach surprised some commentators, but in this post I will suggest that, far from being completely novel, the distinctions it appears to draw are familiar within the law of habeas corpus. This comparison will, I suggest, cast light upon the shifting and somewhat complex idea of “nullity” in UK public law.’
UK Constitutional Law Association, 8th October 2019
Source: ukconstitutionallaw.org
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