Category: judicial review

Navigating belief, discrimination, employment and professional ethics: Ngole – Law & Religion UK

Posted July 3rd, 2024 in Administrative Court, appeals, employment, employment tribunals, equality, homosexuality, human rights, judicial review, news, religious discrimination, universities by sally

‘Readers with long memories may recall that when Felix Ngole was a second-year Master’s student on a social work course at Sheffield University, he was excluded from the course by the Faculty of Social Sciences Fitness to Practise Committee after comments he had posted on Facebook about his personal opposition to same-sex marriage. He sought judicial review of that decision, and though the Administrative Court found for the University, in R (Ngole) v The University of Sheffield [2019] EWCA Civ 1127 the Court of Appeal allowed his appeal and remitted his case for reconsideration. We noted the appeal here.’

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Law & Religion UK, 2nd July 2024

Source: lawandreligionuk.com

Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases? – UK Constitutional Law Association

Posted July 1st, 2024 in asylum, children, judicial review, local government, news, statutory duty by tracey

‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’

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UK Constitutional Law Association, 1st July 2024

Source: ukconstitutionallaw.org

Government hit with judicial review after excluding onshore wind from energy policy – Local Government Lawyer

Posted June 26th, 2024 in climate change, energy, environmental health, environmental protection, government departments, judicial review, local government, news by sally

‘The High Court has granted the Good Law Project permission to challenge the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Different treatment for other boroughs – discriminatory policy – Nearly Legal

Posted June 24th, 2024 in child abuse, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, women by tracey

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Urgent judicial review claim issued over planned closure by council of “vital” mental health services – Local Government Lawyer

Posted June 18th, 2024 in judicial review, local government, mental health, news by tracey

‘A group of claimants are challenging Devon County Council’s decision to close the North Devon Link drop-in services, including on the basis that the local authority failed to have regard to mandatory considerations including its duties under the Care Act 2014 and Health and Social Care Act 2012.’

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Local Government Lawyer, 17th June 2024

Source: www.localgovernmentlawyer.co.uk

Challenge to JAC ‘secret soundings’ to go ahead – Legal Futures

Posted June 17th, 2024 in appeals, bullying, complaints, confidentiality, judicial appointments commission, judicial review, judiciary, news, trade unions by tracey

‘A district judge who argues that applicants for judicial appointment should be told of negative comments about them in confidential references will get to put her case to the High Court.’

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Legal Futures, 17th June 2024

Source: www.legalfutures.co.uk

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

Posted June 13th, 2024 in chambers articles, disclosure, income tax, judicial review, news, remuneration, repayment by sally

‘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

Posted June 13th, 2024 in consultations, equality, food, judicial review, local government, London, news, school children by sally

‘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

Posted June 12th, 2024 in chambers articles, enforcement, environmental protection, judicial review, news, pollution, water by sally

‘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

Posted June 10th, 2024 in employment, government departments, immigration, judicial review, licensing, news, visas by tracey

‘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

Posted June 10th, 2024 in asylum, children, immigration, judicial review, local government, news, young persons by tracey

‘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

Posted June 7th, 2024 in environmental health, environmental protection, government departments, judicial review, news by sally

‘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

Posted June 6th, 2024 in airports, chambers articles, judicial review, ministers' powers and duties, news, planning by tracey

‘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

Posted May 29th, 2024 in appeals, disability discrimination, disabled persons, equality, housing, judicial review, local government, news, social services by tracey

‘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

Posted May 29th, 2024 in barristers, costs, fees, judicial review, licensing, local government, news, professional conduct by tracey

‘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