“A group of allotment-holders is celebrating victory over Eric Pickles in a long-running battle over the development of a site that has been used for more than a century.”
The Independent, 2nd August 2013
Source: www.independent.co.uk
“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”
UK Human Rights Blog, 31st July 2013
Source: www.ukhumanrightsblog.com
“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”
NearlyLegal, 3oth July 2013
Source: www.nearlylegal.co.uk
“The Divisional Court gave guidance on the practice to be followed on an application for a search warrant under the special procedure in section 9 of and Schedule 1 to the Police and Criminal Evidence Act 1984, and reiterated the information required to be supplied by a constable to the court on such an application, including the need to give full and frank disclosure.”
WLR Daily, 23rd July 2013
Source: www.iclr.co.uk
“Campaigners have vowed to fight on after a legal attempt to block the Government’s so-called ‘bedroom tax’ was thrown out by the High Court.”
The Independent, 30th July 2013
Source: www.independent.co.uk
“According to reports in yesterday’s Times (£) and Telegraph, the government is planning a further set of reforms to judicial review. (I have written before about why the original proposals, published in December 2012, were objectionable—and about the fact that the government pressed ahead with many, but not all, of them, excoriating criticism notwithstanding.)”
UK Human Rights Blog, 30th July 2013
Source: www.ukhumanrightsblog.com
“Hundreds of vulnerable teenagers will be at risk of harm or falling into prostitution under government plans to restrict judicial review, lawyers specialising in actions against local authorities have warned.”
The Guardian, 29th July 2013
Source: www.guardian.co.uk
“Government proposals to restrict legal aid for judicial review will turn the clock back 50 years and perpetrate ‘significant and damaging injustice’, a retired Court of Appeal judge has warned.”
Law Society’s Gazette, 29th July 2013
Source: www.lawgazette.co.uk
Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303
A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.
WLR Daily, 22nd July 2013
Source: www.iclr.co.uk
“The Ministry of Justice is to make it tougher for judicial reviews to be brought to court, following concerns that the procedure is being abused by pressure groups and campaigners.”
Daily Telegraph, 29th July 2013
Source: www.telegraph.co.uk
“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)
“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
“UK-Russian relations were a ‘factor’ in the government’s decision not to hold a public inquiry into the death of former Russian agent Alexander Litvinenko, Home Secretary Theresa May has said.”
BBC News, 19th July 2013
Source: www.bbc.co.uk
“The family of a man who died days after being restrained by police have asked judges to review the police watchdog’s report on his death.”
BBC News, 19th July 2013
Source: www.bbc.co.uk
“Allotment-holders are taking legal action against Eric Pickles, the Communities and Local Government Secretary, over his decision to approve the development of a site in Watford used by local families for more than 100 years.”
The Independent, 21st July 2013
Source: www.independent.co.uk
Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47; [2013] WLR (D) 274
“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”
Education Law Blog, 9th July 2013
Source: www.education11kbw.com
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