‘Some big news for public bodies: it’s now alright to act unlawfully. Don’t get too excited though, there’s a catch: it’s only alright to act a little bit unlawfully. Sounds silly? I agree. But depressingly this is soon likely to be law as a result of the Criminal Justice and Courts Bill currently working its way through the House of Commons.’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)
Supreme Court, 8th May 2014
‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’
UK Human Rights Blog, 9th May 2014
Source: www.ukhumanrightsblog.com
‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
‘Desmond Rutledge looks at the role discretionary housing payments (DHPs) have assumed in the wake of the Government’s welfare reform programme and examines the scope for challenging DHP decisions.’
Garden Court Chambers Blog, 7th May 2014
Source: www.gclaw.wordpress.com
‘Legal aid, judicial review and the role of the Lord Chancellor dominated the headlines last week – with the Operation Cotton case and the Joint Committee on Human Right’s report on judicial review putting increasing pressure on the Government’s reforms.’
UK Human Rights Blog, 6th May 2014
Source: www.ukhumanrightsblog.com
‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’
UK Constitutional Law Association, 1st May 2014
Source: www.ukconstitutionallaw.org
‘A council’s decision to refuse to renew a lap-dancing club’s sexual entertainment venue licence must be quashed because of a “serious procedural irregularity” which led to it being taken by the wrong persons, a High Court judge has ruled.’
Local Government Lawyer, 1st May 2014
Source: www.localgovernmentlawyer.co.uk
‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’
UK Human Rights Blog, 30th April 2014
Source: www.ukhumanrightsblog.com
‘The first stage of the government’s reforms to judicial review – the creation of a Planning Court for England and Wales – has come into operation with the aim of speeding up the court process and reducing delays to hundreds of infrastructure projects.’
Litigation Futures, 22nd April 2014
Source: www.litigationfutures.com
‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’
UK Human Rights Blog, 15th April 2014
Source: www.ukhumanrightsblog.com
‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’
NearlyLegal, 13th April 2014
Source: www.nearlylegal.co.uk
‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’
WLR Daily, 9th April 2014
Source: www.iclr.co.uk
‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’
WLR Daily, 8th April 2014
Source: www.iclr.co.uk
‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’
BBC News, 15th April 2014
Source: www.bbc.co.uk
‘This is a slightly surprising case involving a judicial review of refusal of permission to appeal.’
NearlyLegal, 11th April 2014
Source: www.nearlylegal.co.uk
‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’
Halsbury’s Law Exchange, 4th April 2014
Source: www.halsburyslawexchange.co.uk
‘Hundreds of black and Asian doctors have had promising careers “halted” because of racial discrimination in the way GPs are examined, a leading doctor has claimed, before a landmark High Court hearing in which two pillars of the medical establishment will be accused of breaching equality laws.’
The Independent, 6th April 2014
Source: www.independent.co.uk
‘A recent High Court decision risks “emasculating” the Local Government Ombudsman (LGO), an expert has said, after the judge allowed the authority to pay only one fifth of the compensation awarded against it.’
OUT-LAW.com, 1st April 2014
Source: www.out-law.com
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