Bloody Sunday investigation faces judicial review – BBC News

Posted November 11th, 2014 in demonstrations, homicide, inquiries, judicial review, murder, news, Northern Ireland, police by michael

‘The decision to scale back the police investigation into the deaths of marchers killed by soldiers in Londonderry in 1972 will be challenged in court by victims’ relatives.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

Wind turbines, noise and public information – UK Human Rights Blog

Posted November 10th, 2014 in consultations, delay, judicial review, local government, news, noise, planning by sally

‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’

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UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by sally

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

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NearlyLegal, 6th November 2014

Source: www.nearlylegal.co.uk/blog/

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council – WLR Daily

Posted November 7th, 2014 in agreements, judicial review, law reports, roads by sally

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council: [2014] EWCA Civ 1433; [2014] WLR (D) 465

‘A highway authority could lawfully enter into an agreement with a developer or other party under section 38 of the Highways Act 1980 for that other party to pay a sum for the expenses of highways maintenance after the date on which the highway became maintainable at public expense.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Southwark to bring judicial review over plans for ‘super-sewer’ for London – Local Government Lawyer

Posted November 3rd, 2014 in consultations, judicial review, local government, London, news, planning, sewerage by sally

‘Southwark Council has applied to the High Court to bring judicial review proceedings over ministers’ approval of plans for the so-called ‘super-sewer’ in London.’

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Local Government Lawyer, 3rd November 2014

Source: www.localgovernmentlawyer.co.uk

Family of girl who killed herself after arrest challenges detention policy – The Guardian

‘Kesia Leatherbarrow broke a window trying to enter a residential care home for ex-addicts to visit a friend. When officers arrested the 17-year-old, they discovered a small quantity of cannabis. She spent two nights and three days in police custody; a few hours after being released, she hanged herself.’

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The Guardian, 2nd November 2014

Source: www.guardian.co.uk

Removal of subsidy for spare room not unlawful – UK Human Rights Blog

Posted October 31st, 2014 in benefits, children, housing, human rights, judicial review, news, residence orders by sally

‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

Judicial reviews against government up 92% since 2010 – Law Society’s Gazette

Posted October 30th, 2014 in government departments, judicial review, news, statistics by sally

‘The number of judicial reviews involving government departments has almost doubled since 2010, the government has revealed.’

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Law Society’s Gazette, 29th October 2014

Source: www.lawgazette.co.uk

Three strikes and out? Major defeats for Government Judicial Review reform plans in the Lords – UK Human Rights Blog

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘Last night saw the important Report Stage consideration of Part 4 of the Criminal Justice and Courts Bill in the House of Lords. Angela Patrick, Director of Human Rights Policy at JUSTICE provides a summary.’

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UK Human Rights Blog, 28th October 2014

Source: www.ukhumanrightsblog.com

House of Lords votes against Grayling’s plans to restrict judicial review access – The Guardian

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘The justice secretary, Chris Grayling, has suffered a defeat in a key House of Lords vote on his plans to curtail access to judicial review, which would have made it harder to challenge government decisions in court.’

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The Guardian, 27th October 2014

Source: www.guardian.co.uk

Six months on bail – for being sent spoof video of a ‘tiger’ having sex, that was really a man in a tiger suit – The Independent

‘A bus driver wrongly accused of owning a film of a woman having sex with a tiger is trying to change the law on extreme pornography after a 14-month campaign to clear his name.’

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The Independent, 26th October 2014

Source: www.independent.co.uk

High Court judge rejects challenge to withdrawal of wheelchair bus service – Local Government Lawyer

‘A city council has successfully defended a High Court challenge to its decision to withdraw a wheelchair bus service.’

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Local Government Lawyer, 23rd October 2014

Source: www.localgovernmentlawyer.co.uk

UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others – WLR Daily

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others [2014] EWHC 3343 (Admin); [2014] WLR (D) 431

‘A conclusion of lawful killing made by a coroner’s court meant that a death was recognised as one that would amount to the crime of murder, manslaughter or infanticide but for the presence of an additional factor which justified it.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

Professional bodies unite to attack “chilling effect” of judicial review reforms – Local Government Lawyer

‘The Bar Council, the Law Society and the Chartered Institute of Legal Executives have urged peers to amend the judicial review provisions in the Criminal Justice and Courts Bill, saying the measures would have a “chilling effect”.’

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Local Government Lawyer, 20th October 2014

Source: www.localgovernmentlawyer.co.uk

High Court rejects legal challenge against reforms to remote gambling regime – OUT-LAW.com

‘A legal challenge against UK government plans to reform remote gambling regulation and licensing in Great Britain has failed.’

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OUT-LAW.com, 10th October 2014

Source: www.out-law.com

Challenge on inquests legal aid – Law Society’s Gazette

Posted October 13th, 2014 in inquests, judicial review, legal aid, legal representation, news by sally

‘The High Court has given permission for a judicial review of the government’s policy on legal aid funding for inquests. Mrs Justice Andrews (pictured) last week allowed the challenge against the lord chancellor’s guidance on inquest funding.’

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Law Society’s Gazette, 13th October 2014

Source: www.lawgazette.co.uk

Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

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The Independent, 12th October 2014

Source: www.independent.co.uk

QASA ruling: barristers ‘should not only be independent but competent’ – LegalVoice

Posted October 10th, 2014 in advocacy, appeals, barristers, judicial review, Legal Services Board, news by sally

‘The Court of Appeal has unanimously rejected the appeal of criminal barristers arguing that QASA (the Quality Assurance Scheme for Advocates) was unlawful. It was argued that the scheme compromised the independence of advocates and that the decision on the part of the Legal Services Board (LSB) to approve it was unlawful. All grounds were quashed and implementation is now due to take place some eight years after the original proposals were tabled.’

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LegalVoice, 9th October 2014

Source: www.legalvoice.org.uk

Court of Appeal dismisses legal challenge to quality assurance scheme for advocates (QASA) – Bar Standards Board

‘An appeal against the High Court’s decision to dismiss a judicial review of the Quality Assurance Scheme for Advocates (QASA) has today been rejected, on all grounds, by the Court of Appeal.’

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Bar Standards Board, 7th October 2014

Source: www.barstandardsboard.org.uk