‘A new law making it easier for the police to put conditions on peaceful protests is “constitutionally unprecedented” and unlawful, according to a claim filed at the high court in London.’
The Guardian, 29th November 2023
Source: www.theguardian.com
‘When we think of the most important ouster clauses in the law of judicial review, we might think of the relevant parts of the Foreign Compensation Order considered in Anisminic, or section 67(8) the Regulation of Investigatory Powers Act, crucial to the decision in Privacy International. We might consider section 2 of the Judicial Review and Courts Act, restricting Cart-type reviews. Or we might look to provisions in the recently-passed Illegal Immigration Act and forthcoming Victims and Prisoners Bill, which purport to shield the respective legislation from certain kinds of review under the Human Rights Act.’
UK Constitutional Law Association, 23rd November 2023
Source: ukconstitutionallaw.org
‘The High Court has agreed to hear a judicial review challenge brought by Marks & Spencer of Michael Gove’s called-in decision to reject the retailer’s planning application to demolish its flagship store on Oxford Street.’
Local Government Lawyer, 22nd November 2023
Source: www.localgovernmentlawyer.co.uk
‘Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has ruled, in a rejection of an attempt to overturn their acquittal.’
The Guardian, 21st November 2023
Source: www.theguardian.com
‘In the summer I wrote on this blog about the Administrative Court’s decision in R (Oceana) v Upper Tribunal [2023] EWHC 791 (Admin). Oceana was the first time the new ‘super ouster clause’ contained in section 11A of the Tribunals, Courts and Enforcement Act 2007 (‘TCEA 2007’), introduced by section 2 of the Judicial Review and Courts Act 2022, fell for judicial consideration, and it was informative to observe how judges responded to the clause in judicial review. But while Oceana raised an important point of constitutional law, namely, Parliament’s ability to exclude judicial review with sufficiently express statutory language, the underlying case in Oceana was a weak one. It was little surprise, therefore, that Oceana did not fall for reconsideration on appeal. However, Saini J’s judgment in Oceana that Parliament is institutionally competent to exclude judicial review in certain circumstances has now come under further judicial scrutiny by the Court of Appeal in R (LA (Albania)) v Upper Tribunal [2023] EWCA Civ 1337. And so it is time for another blog post, addressing again the important question on the effectiveness of ouster clauses and the potential limits of Parliament’s legislative sovereignty.’
UK Constitutional Law Association, 21st November 2023
Source: ukconstitutionallaw.org
‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’
Garden Court Chambers, 10th October 2023
Source: www.gardencourtchambers.co.uk
‘The government and environment agency failed in their duty to restore and protect waterways from pollution, the high court has ruled in a significant case that could force an overhaul of the government’s plans.’
The Guardian, 20th November 2023
Source: www.theguardian.com
‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’
Local Government Lawyer, 16th November 2023
Source: www.localgovernmentlawyer.co.uk
‘A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.’
Local Government Lawyer, 15th November 2023
Source: www.localgovernmentlawyer.co.uk
‘“The absence of a suitable test or target for the reduction of Scope 3 emissions”: High Court challenge fails, and the Government Calls for Evidence”.’
Six Pump Court, 31st October 2023
Source: 6pumpcourt.co.uk
‘An Afghan former interpreter with the British army has resettled in the UK with his family after a lengthy legal battle with the government, more than two years after being initially approved for relocation.’
The Guardian, 8th November 2023
Source: www.theguardian.com
‘A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.’
Local Government Lawyer, 3rd November 2023
Source: www.localgovernmentlawyer.co.uk
‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’
UK Constitutional Law Association, 16th October 2023
Source: ukconstitutionallaw.org
‘A judge has granted a judicial review into the way the Environment Agency (EA) in England enforces agricultural pollution laws.’
BBC News, 20th October 2023
Source: www.bbc.co.uk
‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’
Doughty Street Chambers, 4th September 2023
Source: insights.doughtystreet.co.uk
‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’
UK Constitutional Law Association, 16th October 2023
Source: ukconstitutionallaw.org
‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’
Nearly Legal, 15th October 2023
Source: nearlylegal.co.uk
‘There will not be a judicial review into the Home Office’s use of a barge to house asylum seekers.’
BBC News, 11th October 2023
Source: www.bbc.co.uk
‘A High Court judge has rejected an application for judicial review over plans by Mayor Marvin Rees’ Cabinet at Bristol City Council to increase mooring fees in Bristol Harbour.’
Local Government Lawyer, 10th October 2023
Source: www.localgovernmentlawyer.co.uk
‘The Scottish Government is presently seeking judicial review of the UK Government’s decision to block Royal Assent for the Gender Recognition Reform (Scotland) Bill (GRRB) using s.35 of the Scotland Act 1998 (SA). The Court of Session’s decision, which may yet end up before the UK Supreme Court on appeal, is eagerly awaited, not least given the electricity of political debates over gender recognition and its reform in Scotland and elsewhere.’
UK Constitutional Law Association, 5th October 2023
Source: ukconstitutionallaw.org
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