The UK Supreme Court’s “One Off” Judgment – Oxford Human Rights Hub

‘It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court in the separation of powers. Judges examining the constitution against a seething political background. But the lions emerged from beneath the throne, unanimously, in a judgment that unlocked the doors of Parliament and clearly, soberly reasserted our sovereign legislature.’

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Oxford Human Rights Hub, 9th October 2019

Source: ohrh.law.ox.ac.uk

Families lose challenge over special-needs funding – BBC News

Posted October 8th, 2019 in budgets, disabled persons, judicial review, news, special educational needs by tracey

‘Three families who challenged the government over its approach to special needs and disability (Send) funding have lost their case at the High Court.’

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BBC News, 7th October 2019

Source: www.bbc.co.uk

Health body faces legal action amid concerns over autism ‘cure’ – The Guardian

Posted October 4th, 2019 in autism, complementary medicine, health, judicial review, medicines, news by tracey

‘The high court is to be asked to decide whether the statutory regulation of homeopaths is safe, amid concerns that some of those on an accredited register are offering an anti-vaccine “cure” for children with autism.’

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The Guardian, 3rd October 2019

Source: www.theguardian.com

Ep 95: A Rogue Prorogation – Law Pod UK

‘Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for Scotland.’

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Law Pod UK, 27th September 2019

Source: audioboom.com

Parliament was not prorogued: Michael Zander QC assesses the Supreme Court’s remarkable decision – New Law Journal

‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’

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New Law Journal, 24th September 2019

Source: www.newlawjournal.co.uk

Legal challenge launched against CPS over plummeting rape prosecutions – The Independent

‘A legal challenge has been lodged against the Crown Prosecution Service (CPS) over its handling of rape cases after the number of people charged hit a new low.’

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The Independent, 24th September 2019

Source: www.independent.co.uk

Barrister’s latest complaint over Briggs ruling rejected – Legal Futures

‘The High Court has refused a barrister permission to challenge a decision by the Judicial Appointments and Conduct Ombudsman over a complaint she made about Supreme Court justice Lord Briggs.’

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Legal Futures, 18th September 2019

Source: www.legalfutures.co.uk

Facial Recognition Technology: High Court gives judgment – UK Human Rights Blog

‘R (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin). The High Court has dismissed an application for judicial review regarding the use of Automated Facial Recognition Technology (AFR) and its implications for privacy rights and data protection.’

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UK Human Rights Blog, 12th September 2019

Source: ukhumanrightsblog.com

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

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BBC News, 4th September 2019

Source: www.bbc.co.uk

Article: The legal challenge to proroguing Parliament – what is happening in the Scottish Courts? – UKSC Blog

‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’

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UKSC Blog, 2nd September 2019

Source: ukscblog.com

Batten Disease families get green light for High Court challenge over decision not to provide treatment – Local Government Lawyer

Posted September 2nd, 2019 in health, judicial review, medical treatment, news by sally

‘Four children with the neurodegenerative condition Batten disease have been given permission to bring a judicial review challenge over a decision to not make a potentially life-saving treatment available through the NHS in England.’

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Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Campaigners refused permission to appeal ruling on closure of children’s centres – Local Government Lawyer

‘A campaign group has failed to obtain permission to appeal a High Court ruling that a decision by the Cabinet at Buckinghamshire County Council to close 19 out of its 35 children’s centres was lawful.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Proroguing parliament sets a horrifying precedent. I’m going to court to stop it – Gina Miller – The Guardian

‘Other dictatorial moves may follow if Boris Johnson’s ruse is allowed to pass. The high court must listen to our case against it.’

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The Guardian, 29th August 2019

Source: www.theguardian.com

Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG) – No. 5 Chambers

Posted August 29th, 2019 in costs, judicial review, news, planning by sally

Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.

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No. 5 Chambers, 5th August 2019

Source: www.no5.com

The implications of ‘bulk hacking’ – Henderson Chambers

‘Corporate Crime analysis: Matthew Richardson, barrister at Henderson Chambers, examines the concept of ‘bulk hacking’ by intelligence services and some of the legal implications, in light of the latest judicial review challenge by Liberty.’

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Henderson Chambers, 9th August 2019

Source: www.hendersonchambers.co.uk

Brexit: Gina Miller files for legal challenge to stop Boris Johnson’s ‘cynical and cowardly’ plan to prorogue parliament – The Independent

Posted August 29th, 2019 in brexit, constitutional law, judicial review, news, parliament, prorogation by tracey

‘Anti-Brexit campaigner Gina Miller has as filed an urgent application for a legal challenge to stop Prime Minister Boris Johnson’s “cynical and cowardly” plan to prorogue parliament.’

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The Independent, 29th August 2019

Source: www.independent.co.uk

Airspace in a crowded sky – UK Human Rights Blog

Posted August 28th, 2019 in accidents, aircraft, airports, health & safety, judicial review, news by tracey

‘Lasham Gliding Society Ltd, R (on the application of) v. the Civil Aviation Authority and TAG Farnborough Airport Limited. The Claimant, the Lasham Gliding Society, challenged a decision by the Civil Aviation Authority, the statutory regulator of UK airspace, to permit the introduction of air traffic controls in airspace around Farnborough Airport, which is presently largely uncontrolled. Lasham Gliding Society (“LGS”) is one of the largest gliding clubs in the world. Its concern was that one of the effects of the CAA’s decision would be to increase the risk of a mid-air collision between its gliders and those aircraft which divert away from any newly controlled airspace around Farnborough Airport into the adjacent uncontrolled zone over Lasham where its gliders fly.’

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UK Human Rights Blog, 27th August 2019

Source: ukhumanrightsblog.com

Shelter crowd funds legal action over alleged failure by council to offer homeless people temporary accommodation – Local Government Lawyer

Posted August 22nd, 2019 in homelessness, housing, judicial review, local government, news, Scotland by sally

‘Housing charity Shelter Scotland is seeking to crowdfund legal action over what it says is Glasgow City Council’s unlawful failure to offer homeless people temporary accommodation.’

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Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Father of Islamic State fighter fails in judicial review claim – UK Human Rights Blog

‘R (on the application of Abdullah Muhammad Rafiqul Islam) v Secretary of State for the Home Department [2019] EWHC 2169 (Admin). In a case that was described as “the first such case to have come on for hearing before this court” and one that shares many similarities with the tabloid-grabbing story of Shamima Begum (discussed on the Blog here), Mr Justice Pepperall refused permission to bring judicial review proceedings on behalf of an Islamic State combatant whose citizenship had been revoked by the Home Secretary.’

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UK Human Rights Blog, 19th August 2019

Source: ukhumanrightsblog.com

High Court: Silence in disciplinary proceedings can lead to adverse inferences – Legal Futures

‘Disciplinary proceedings are not a “criminal/civil hybrid” and tribunals may draw adverse inferences from respondents staying silent, the High Court has made clear.’

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Legal Futures, 19th August 2019

Source: www.legalfutures.co.uk