Category: judicial review

Doctor entitled to rely on GMC’s assurance that his Caribbean qualification would be acceptable in UK – UK Human Rights Blog

Posted April 18th, 2013 in appeals, doctors, education, judicial review, news, universities by sally

“The registration criteria for doctors trained abroad have been changed to respond to abuse by medical schools claiming false affiliations with the institutions listed in the WHO Directory. Although the 2006 rules effecting this change were lawful, the appellant had a legitimate expectation that he could rely on individual and specific assurances that he would be allowed to register on completion of his training.”

Full story

UK Human Rights Blog, 18th April 2013

Source: www.ukhumanrightsblog.com

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Posted April 17th, 2013 in amendments, families, human rights, immigration, judicial review, law reports, regulations by sally

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) [2013] EWCA Civ 322; [2013] WLR (D) 139

“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

Local authorities and the duty to consult with parents – UK Human Rights Blog

Posted April 17th, 2013 in care orders, grandparents, judicial review, local government, news, parental rights by sally

“This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.”

Full story

UK Human Rights Blog, 16th April 2013

Source: www.ukhumanrightsblog.com

Regina (Edwards and another) v Environment Agency and others (No 2) – WLR Daily

Posted April 16th, 2013 in EC law, judicial review, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others (No 2) (C-260/11); [2013] WLR (D) 136

“The requirement pursuant to article 10a of Council Directive 85/337/EEC and article 15a of Council Directive 96/61/EC that the review by members of the public of the legality of environmental decisions by public law bodies should not be “prohibitively expensive” meant that the members of the public covered by those provisions should not be prevented from seeking or pursuing a claim for judicial review by reason of the financial burden that might arise.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Detention pending deportation without regular review breaches Article 5 of the Convention – UK Human Rights Blog

Posted April 11th, 2013 in compensation, deportation, detention, human rights, judicial review, news, rape by sally

“The Strasbourg Court has ruled that a Somali national’s detention pending deportation was not lawful under domestic law.”

Full story

UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

Judicial review expected into handling of small firm loan scheme – The Guardian

Posted April 11th, 2013 in banking, guarantees, judicial review, loans, news, small businesses by sally

“The government is facing the threat of a judicial review into its handling of an investigation into Barclays’ involvement in a state-backed loan scheme.”

Full story

The Guardian, 10th April 2013

Source: www.guardian.co.uk

Has the government broken the law over disability benefit changes? – The Guardian

Posted April 10th, 2013 in benefits, disabled persons, judicial review, news, regulations by sally

“Three disabled people have this week launched a challenge in the high court against the government’s new personal independence payment (PIP) regulations, which replace disability living allowance (DLA). In particular, the three are challenging the government’s last-minute change to the PIP regulations. Up until Monday claimants who could not walk 50 metres were entitled to DLA. The new PIP regulations reduce the distance to only 20 metres.”

Full story

The Guardian, 10th April 2013

Source: www.guardian.co.uk

Regina (Ismail) v Secretary of State for the Home Department – WLR Daily

Posted April 10th, 2013 in foreign jurisdictions, human rights, immigration, judicial review, law reports by sally

Regina (Ismail) v Secretary of State for the Home Department [2013] EWHC 663 (Admin); [2013] WLR (D) 133

“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”

WLR Daily, March 2013

Source: www.iclr.co.uk

London Metropolitan University continues legal fight over foreign students – Daily Telegraph

Posted April 10th, 2013 in immigration, judicial review, news, universities, visas by sally

“A university which was stripped of its licence to bring overseas students into Britain is refusing to drop a legal challenge against Theresa May, the Home Secretary, even though its ability to sponsor foreigners was restored yesterday.”

Full story

Daily Telegraph, 9th April 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Margaret Thatcher and the Constitution – UK Human Rights Blog

Posted April 10th, 2013 in constitutional law, EC law, human rights, injunctions, judicial review, judiciary, news, shipping law by sally

“The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.”

Full story

UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

Convicted rapist was unlawfully detained, ECHR rules – The Guardian

Posted April 10th, 2013 in compensation, deportation, human rights, judicial review, news, rape by sally

“A convicted rapist should be compensated after being unlawfully detained for two and a half years while awaiting deportation, the European court of human rights (ECHR) has ruled.”

Full story

The Guardian, 9th April 2013

Source: www.guardian.co.uk

Three disabled claimants launch legal action against new mobility tests – The Guardian

Posted April 8th, 2013 in benefits, disabled persons, judicial review, news by sally

“Three disabled claimants have launched a legal action to challenge the government’s more stringent tests for mobility allowances that came into force on Monday.”

Full story

The Guardian, 8th April 2013

Source: www.guardian.co.uk

New £1,300 charge for High Court challenges against Government decisions – Daily Telegraph

Posted April 8th, 2013 in fees, immigration, judicial review, legal aid, news, solicitors by sally

“People will have to pay up to £1,300 to bring High Court challenges against Government decisions in a crackdown on spurious legal challenges, under new plans.”

Full story

Daily Telegraph, 8th April 2013

Source: www.telegraph.co.uk

Northern barristers vote en masse to reject QASA – Law Society’s Gazette

Posted April 5th, 2013 in barristers, elections, judicial review, news, quality assurance by sally

“Northern circuit barristers have overwhelmingly voted to reject the Quality Assurance Scheme for Advocates (QASA) in a secret ballot carried out at end of the March.”

Full story

Law Society’s Gazette, 5th April 2013

Source: www.lawgazette.co.uk

HS2 ruling: time to scale back on judicial reviews? – The Guardian

Posted April 3rd, 2013 in fees, judicial review, local government, news, time limits by sally

“It looks like it’s all systems go for HS2. The recent ruling on the high-speed rail from London to Birmingham and Manchester to Leeds gave the green light to the project. The government won nine out of the 10 points being challenged by various local authorities and action groups. It fell down on one area and has taken it on the chin agreeing to re-run its compensation consultation process.”

Full story

The Guardian, 3rd April 2013

Source: www.guardian.co.uk

Regina (Patel) v General Medical Council – WLR Daily

Posted April 3rd, 2013 in appeals, doctors, education, judicial review, law reports, universities by sally

Regina (Patel) v General Medical Council [2013] EWCA Civ 1938; [2013] WLR (D) 128

“A professional medical body with responsibility for registering doctors was not entitled to defeat the legitimate expectation of registration of a British resident who had undertaken a long course of study by distance learning at an overseas university, relying on e-mail assurances from the defendant body that he would be entitled to register his medical qualification once awarded on completion of all the clinical requirements. The decision to refuse him registration because the criteria for accepting overseas qualifications had since changed could not stand.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Richard III reburial plans breach human rights, say descendants – Daily Telegraph

Posted March 27th, 2013 in burials and cremation, human rights, judicial review, news by tracey

“Fifteen living relatives of the monarch, the last English king to die in battle almost 500 years before the European convention on human rights came into force, are threatening to launch a legal challenge seeking the Richard III’s reburial in York Minster, rather than the proposed Leicester Cathedral. An application for judicial review is to be lodged by lawyers in Leeds on behalf of the Plantagenet Alliance to bring the action against the Ministry of Justice, which granted the archaeological excavation licence to Leicester University, the Guardian reported.”

Full story

Daily Telegraph, 27th March 2013

Source: www.telegraph.co.uk

Privacy, Protests and Policing – Panopticon

Posted March 20th, 2013 in data protection, demonstrations, human rights, investigatory powers, judicial review, news, police by tracey

“In Catt v ACPO and others; T v Commissioner of Police of the Metropolis and another [2013] EWCA Civ 192, the Court of Appeal considered two appeals regarding the powers of the police to collect and retain personal information about members of the public. Both cases turned on the application of Article 8 of the Convention; in both, the Court held that there had been an interference with the Article 8(1) right to respect for private life, and that the interference was not justified under Article 8(2).”

Full story

Panopticon, 20th March 2013

Source: www.panopticonblog.com

Barnet council faces high court review of budget cuts – The Guardian

Posted March 19th, 2013 in budgets, disabled persons, judicial review, local government, news by tracey

“The ‘easyCouncil’ model of no-frills local services faces a high court challenge today, with locals from the London Borough of Barnet, including the disabled resident Maria Nash who is bringing the action, calling for a £320m privatisation deal to be scrapped.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 18th, 2013 in judicial review, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council [2013] EWHC 513 (Admin); [2013] WLR (D) 101

“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk