British Humanist Association v LB Richmond and ors [2012] EWHC 3622 (Admin) – Education Law Blog

Posted December 17th, 2012 in Christianity, education, judicial review, local government, news, school admissions by sally

“In this judgment (handed down on 14 December 2012), Sales J has rejected a challenge to the decision of the London Borough of Richmond accepting proposals from the Roman Catholic Diocese of Westminster for the establishment of two voluntary-aided Roman Catholic schools (1 primary, 1 secondary) in Twickenham.”

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Education Law Blog, 17th December 2012

Source: www.education11kbw.com

Woolf warns Government over judicial review – The Independent

Posted December 17th, 2012 in judicial review, news, time limits by sally

“Government plans to curb the right to judicial review risk endangering a vital legal safeguard, a former lord chief justice warned today.”

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The Independent, 15th December 2012

Source: www.independent.co.uk

High Court rejects Humanist Association’s challenge to faith school proposals in Richmond – UK Human Rights Blog

Posted December 17th, 2012 in Christianity, education, judicial review, local government, news, school admissions by sally

“This was an application for judicial review of decisions of the defendant Council to approve proposals put forward by the Roman Catholic Diocese of Westminster to establish a voluntary aided secondary school designated by the Secretary of State as a school having a religious character as a school for Roman Catholics and a similarly designated primary school.”

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UK Human Rights Blog, 15th December 2012

Source: www.ukhumanrightsblog.com

Quicker, costlier and less appealing: plans for Judicial Review reform revealed – UK Human Rights Blog

Posted December 14th, 2012 in consultations, judicial review, news by tracey

“The Government has revealed its plans to reform Judicial Review, and has opened a public consultation which closes on 24 January 2013.”

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UK Human Rights Blog, 13th December 2012

Source: www.ukhumanrightsblog.com

Disabled man takes government to court over benefit test – The Guardian

Posted December 14th, 2012 in benefits, disabled persons, judicial review, news by tracey

“A disabled man who was incorrectly found fit for work under the government’s disability benefit assessment is launching a legal action against the government and Atos, the private company performing the tests.”

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The Guardian, 13th December 2012

Source: www.guardian.co.uk

Judicial Review: proposals for reform – Ministry of Justice

Posted December 13th, 2012 in consultations, judicial review, news, planning, public procurement, time limits by sally

“The Government is seeking views on a package of measures to stem the growth in applications for judicial reviews. The measures aim to tackle the burden that this growth has placed on stretched public services whilst protecting access to justice and the rule of law. The engagement exercise seeks views on proposals in three key areas; reducing the time limits for bringing a judicial review relating to procurement or planning, bringing them into line with the appeal timetable which already applies to those cases.”

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Ministry of Justice, 13th December 2012

Source: www.justice.gov.uk

GCSE grading row reaches high court – The Guardian

Posted December 11th, 2012 in education, examinations, judicial review, news by sally

“Thousands of students could see their GCSE English grades increased retrospectively through a high court case beginning on Tuesday in which an alliance of schools, councils and pupils will argue that exam boards and the government’s qualifications watchdog acted illegally in changing grade boundaries midway through the 2012 exams season.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

Application to quash the original Hillsborough inquest verdicts could be made today – The Independent

Posted December 10th, 2012 in bills, complaints, inquests, judicial review, news, ombudsmen, police, public interest, sport by sally

“An application to quash the original Hillsborough inquest verdicts could be made today, the Attorney General’s office said.”

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The Independent, 10th December 2012

Source: www.independent.co.uk

M v Scottish Ministers – WLR Daily

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

Ashfield teenage prisoners to begin legal battle – BBC News

Posted December 4th, 2012 in detention, judicial review, news, prisons, punishment, young offenders by sally

“Seven teenagers who claim they were punished unlawfully will begin a legal battle against a Bristol prison later.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

M v Minister for Justice, Equality and Law Reform, Ireland and another – WLR Daily

Posted December 3rd, 2012 in asylum, EC law, judicial review, law reports, refugees by sally

M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359

“The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”

WLR Daily, 22nd December 2012

Source: www.iclr.co.uk

Major legal battle to stop HS2 set to commence – Daily Telegraph

Posted December 3rd, 2012 in appeals, consultations, environmental protection, judicial review, news, railways by sally

“A major legal battle to stop the Government’s HS2 rail project is to begin in what campaigners think is their best chance of derailing the £32 billion scheme.”

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Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

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LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by tracey

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499;   [2012] WLR (D)  334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Judicial Review by Third Parties – 11 KBW

Posted November 20th, 2012 in judicial review, news, public procurement, tenders, third parties by sally

Judicial Review by Third Parties (PDF)

11 KBW, 16th November 2012

Source: www.11kbw.com

JR, the rule of law, and administrative justice – NearlyLegal

Posted November 20th, 2012 in housing, judicial review, news, rule of law by sally

“According to Cameron, there is a need to restrict the right to judicial review to ensure the country’s economic competitiveness. As he put it, judicial review should, therefore, cost more, have shorter deadlines, and fewer rights of appeal. This is so that ‘people think twice about time wasting’.”

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NearlyLegal, 20th November 2012

Source: www.nearlylegal.co.uk

MoJ plans for judicial review reform face sceptical response from lawyers – Legal Week

Posted November 20th, 2012 in judicial review, legal profession, news by sally

“The Ministry of Justice (MoJ) is to reform the judicial review process in an attempt to reduce the number of ‘weak or ill-conceived cases’ the Government says are clogging up courts, with the news greeted with a sceptical response from the legal profession.”

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Legal Week, 19th November 2012

Source: www.legalweek.com

Diminishing judicial review will reverse 50 years of legal progress – The Guardian

Posted November 20th, 2012 in civil justice, judicial review, news, rule of law by sally

“We ought always to strive to streamline our judicial system, but our right of access to justice should not be lightly interfered with.”

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The Guardian, 19th November 2012

Source: www.guardian.co.uk

Boy brings legal test case over decision to put him in care – Daily Telegraph

Posted November 20th, 2012 in appeals, care orders, children, judicial review, news by sally

“A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.”

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Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Judicial review statistics: how many cases are there and what are they about? – The Guardian

Posted November 20th, 2012 in immigration, judicial review, news, statistics by sally

“The government wants to restrict judicial review cases. But how common are they anyway?”

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The Guardian, 19th November 2012

Source: www.guardian.co.uk