‘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
‘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.’
Oxford Human Rights Hub, 9th October 2019
Source: ohrh.law.ox.ac.uk
‘Three families who challenged the government over its approach to special needs and disability (Send) funding have lost their case at the High Court.’
BBC News, 7th October 2019
Source: www.bbc.co.uk
‘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.’
The Guardian, 3rd October 2019
Source: www.theguardian.com
‘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.’
Law Pod UK, 27th September 2019
Source: audioboom.com
‘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.’
New Law Journal, 24th September 2019
Source: www.newlawjournal.co.uk
‘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.’
The Independent, 24th September 2019
Source: www.independent.co.uk
‘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.’
UK Human Rights Blog, 12th September 2019
Source: ukhumanrightsblog.com
‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’
BBC News, 4th September 2019
Source: www.bbc.co.uk
‘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.’
UKSC Blog, 2nd September 2019
Source: ukscblog.com
‘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.’
Local Government Lawyer, 30th August 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
‘Other dictatorial moves may follow if Boris Johnson’s ruse is allowed to pass. The high court must listen to our case against it.’
The Guardian, 29th August 2019
Source: www.theguardian.com
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.
No. 5 Chambers, 5th August 2019
Source: www.no5.com
‘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.’
Henderson Chambers, 9th August 2019
Source: www.hendersonchambers.co.uk
‘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.’
The Independent, 29th August 2019
Source: www.independent.co.uk
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