Category: judicial review

Government should have consulted Child Poverty Commission on welfare strategy – UK Human Rights Blog

Posted October 2nd, 2012 in consultations, judicial review, news, ultra vires by sally

“The government had acted unlawfully by removing the Child Poverty Commission, an advisory body set up under the Child Poverty Act 2010 . They had also acted beyond their powers by preparing a child poverty strategy without having requested and having regard to the advice of that Commission. But government is free to formulate new policy and as such there was nothing irrational about the strategy itself.”

Full story

UK Human Rights Blog, 2nd October 2012

Source: www.ukhumanrightsblog.com

All about killing badgers – UK Human Rights Blog

Posted October 1st, 2012 in animals, appeals, environmental health, judicial review, news by sally

“It is impossible to drive through the narrow and high-hedged lanes of Herefordshire without coming across the sad and inevitable outcome of car meeting badger. One estimate is that we may lose as many as 50,000 badgers a year this way. But this case is about whether we should kill a lot more badgers – deliberately.”

Full story

UK Human Rights Blog, 28th September 2012

Source: www.ukhumanrightsblog.com

Judicial pensions: will judges take Chris Grayling to court? – The Guardian

Posted October 1st, 2012 in judicial review, judiciary, news, pensions by sally

“Judicial appointments will only go to second-rate lawyers if the lord chancellor fails to do a deal that satisfies judges.”

Full story

The Guardian, 28th September 2012

Source: www.guardian.co.uk

Article 8 and Possession – NearlyLegal

Posted September 24th, 2012 in appeals, complaints, EC law, housing, human rights, judicial review, landlord & tenant, local government, news, travellers by sally

“The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become.”

Full story

NearlyLegal, 23rd September 2012

Source: www.nearlylegal.co.uk

No public inquiry into alleged 1948 massacre by British troops, yet – UK Human Rights Blog

Posted September 21st, 2012 in armed forces, colonies, homicide, inquiries, judicial review, news by tracey

“Chong Nyok Keyu and ors v Secretary of State for Foreign and Commonwealth Affairs and another [2012] EWHC 2445 (Admin).

Although the High Court has rejected an attempt to force the Government to hold a public inquiry into an alleged massacre of unarmed civilians by British troops in 1948, the case represents a further example of the use of the Courts to redress historical grievances.”

Full story

UK Human Rights Blog, 21st September 2012

Source: www.ukhumanrightsblog.com

A Chagossian double bill: an environmental information contest, and a touch of Wikileaks – UK Human Rights Blog

Posted September 21st, 2012 in Diego Garcia, disclosure, government departments, judicial review, news, public interest by tracey

“The manoevres by which the Chagossians were evicted from their islands in the Indian Ocean, the late 1960s and early 1970s, so to enable the US to operate an air base on Diego Garcia, do not show the UK Foreign Office in its best light. Indeed, after a severe rebuke from the courts in 2000, the FCO accepted that the original law underlying their departure was unlawful, and agreed to investigate their possible resettlement on some of their islands. The first of these new cases is an environmental information appeal concerning the next phase of the story – how the FCO decided that it was not feasible to resettle the islanders in 2002-2004.”

Full story

UK Human Rights Blog, 20th September 2012

Source: www.ukhumanrightsblog.com

High Court orders judicial review over HMR transitional fund – OUT-LAW.com

Posted September 21st, 2012 in housing, judicial review, news, planning by tracey

“Campaign group Save Britain’s Heritage (SAVE) has won the right to a judicial review of the Government’s £35 million transitional fund to help councils after the closure of the Housing Market Renewal (HMR) fund.”

Full story

OUT-LAW.com, 20th September 2012

Source: www.out-law.com

GCSE grading row: examiners face legal challenge – Daily Telegraph

Posted September 21st, 2012 in examinations, judicial review, news by tracey

“A group of around 150 schools, councils and education bodies have written to Ofqual, the qualifications watchdog, announcing their intention to seek a judicial review of the decision.”

Full story

Daily Telegraph, 21st September 2012

Source: www.telegraph.co.uk

Badger cull legal challenge fails at court of appeal – The Guardian

Posted September 12th, 2012 in animals, appeals, environmental protection, judicial review, news by tracey

“Badger Trust fails in attempt to stop two pilot culls aimed at tackling tuberculosis in cattle.”

Full story

The Guardian, 11th September 2012

Source: www.guardian.co.uk

London Met lodges legal challenge over student visas – The Guardian

Posted September 11th, 2012 in immigration, judicial review, news, universities, visas by tracey

“University seeks judicial review after losing highly trusted status for sponsoring international students.”

Full story

The Guardian, 11th September 2012

Source: www.guardian.co.uk

England badger cull court appeal – BBC News

Posted September 11th, 2012 in animals, appeals, health, judicial review, news by tracey

“Badgers could be shot across England within weeks, barring a last minute legal challenge. Natural England is preparing to issue licenses that will allow farmers to shoot badgers at night in parts of Gloucestershire and Somerset.”

Full story

BBCNews, 11th September 2012

Source: www.bbc.co.uk

Local Government Law Update – 11 KBW

Posted September 5th, 2012 in armed forces, disabled persons, homelessness, housing, immigration, injunctions, judicial review, local government, news, squatting by sally

Local Government Law Update: 28 August (PDF)

11 KBW, 28th August 2012

Source: www.11kbw.com

Regina (T) v Merton London Borough Council – WLR Daily

Posted August 31st, 2012 in carers, guardianship, judicial review, law reports, local government, social services by tracey

Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin);   [2012] WLR (D)  256

“Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F of the Children Act 1989 and the Special Guardianship Regulations 2005 (SI 2005/1109).”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Government to introduce fixed caps on parties’ costs in environmental judicial review proceedings from December – OUT-LAW.com

Posted August 31st, 2012 in costs, environmental protection, judicial review, news by tracey

“The Government plans to introduce a cap on the extent to which the losing party to an environmental challenge will be expected to cover the winning party’s legal costs.”

Full story

OUT-LAW.com, 31st August 2012

Source: www.out-law.com

JL and the Second Bite of the Cherry – NearlyLegal

Posted August 29th, 2012 in armed forces, disabled persons, homelessness, housing, judicial review, local government, news, proportionality by tracey

“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”

Full story

NearlyLegal, 27th August 2012

Source: www.nearlylegal.co.uk/blog/

Injunctions for accommodation, judicial review and prospects of success – NearlyLegal

Posted August 29th, 2012 in homelessness, housing, injunctions, judicial review, local government, news by tracey

“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”

Full story

NearlyLegal, 26th August 2012

Source: www.nearlylegal.co.uk/blog/

Virgin Trains takes West Coast Main Line court action – BBC News

Posted August 29th, 2012 in contracts, judicial review, news, railways by tracey

“Virgin Trains has started court proceedings over the government’s decision to award a new franchise to rival transport company FirstGroup.”

Full story

BBC News, 28th August 2012

Source: www.bbc.co.uk

Suitability. On expired beds and shared bathrooms – NearlyLegal

Posted August 24th, 2012 in homelessness, housing, judicial review, local government, news by sally

“Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold ‘Housing and Public Law’ blog about a settled Judicial Review that highlights this issue.”

Full story

NearlyLegal, 23rd August 2012

Source: www.nearlylegal.co.uk

Local Government Law Update – 11 KBW

Posted August 21st, 2012 in judicial review, local government, news, police, public procurement by sally

Local Government Law Update: 17 August (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

LSC to face judicial review over report costs – Law Society’s Gazette

Posted August 2nd, 2012 in costs, expert witnesses, judicial review, legal aid, legal services, news by sally

“The Law Society is to challenge by judicial review a Legal Services Commission decision to meet just one-third of the costs of an expert witness report ordered by a county court on behalf of a child.”

Full story

Law Society’s Gazette, 2nd August 2012

Source: www.lawgazette.co.uk