Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128
“Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1).”
WLR Daily, 29th April 2012
Source: www.iclr.co.uk
“In what circumstances is a criminal trial not sufficient to discharge the State’s duties under Article 2, the right to life, towards a victim of murder? The High Court held last week in this tragic case that a Coroner unlawfully and unreasonably decided not to resume an inquest into the death of a teenage girl where her killer had been ruled unfit to plead at the Old Bailey and handed an indefinite hospital order.”
UK Human Rights Blog, 1st May 2012
Source: www.ukhumanrightsblog.com
“‘Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow…’ Thus concludes “Library poem”, penned by Children’s Laureate and Gruffalo creator Julia Donaldson, the latest high profile recruit to the campaign against planned library closures.”
UK Human Rights Blog, 2nd May 2012
Source: www.ukhumanrightsblog.com
“It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in what circumstances to grant a licence to remove human remains. Apart from an obligation to act rationally and otherwise in accordance with the general law, there should be no fetter on his jurisdiction, nor any justification to import a presumption of permanence.”
WLR Daily, 24th April 2012
Source: www.iclr.co.uk
“Campaign group Friends of the Earth (FoE) has applied to the High Court to launch a legal challenge against the Forest of Dean District Council’s Core Strategy (CS) and Cinderford area action plan (AAP), which was adopted by the Council in February.”
OUT-LAW.com, 26th April 2012
Source: www.out-law.com
“The Court of Appeal has rejected a local resident’s claim that Southwark Council should have ensured that better and larger community facilities were provided as part of a local development and that this was a ‘substantive legitimate expectation’.”
OUT-LAW.com, 25th April 2012
Source: www.out-law.com
Regina (Raeside) v Luton Crown Court [2012] WLR (D) 120
“The purpose of a custody time limit would be undermined if the court granted an extension under section 22(3) of the Prosecution of Offences Act 1985 in anything other than exceptional circumstances, and in the absence of the express consent of the defendant to the extension of that limit, the court must direct that an immediate application is made by the Crown and rigorously scrutinise the evidence to see if it is satisfied that there is good and sufficient cause.”
WLR Daily, 23rd April 2012
Source: www.iclr.co.uk
“A judicial review is to be held into the Government’s decision to allow badgers to be culled in England to halt the spread of bovine TB.”
Daily Telegraph, 21st April 2012
Source: www.telegraph.co.uk
“The proposed 30-second advert for Premier Christian Radio called on listeners to report their experiences as part of a campaign for ‘a fairer society’.”
Daily Telegraph, 20th April 2012
Source: www.telegraph.co.uk
“Who should decide questions of human rights, Parliament or the courts? Is there a democratic deficit in human rights? If so, how do we go about addressing it? These are just some of the many questions asked at the conference hosted by the Arts and Humanities Council on Redressing the Democratic Deficit in Human Rights.”
UK Human Rights Blog, 20th April 2012
Source: www.ukhumanrightsblog.com
“A group of activists is to raise a preliminary challenge to an alleged ‘sweetheart’ tax settlement between HM Revenue and Customs (HMRC) and investment bank Goldman Sachs, according to a national newspaper.”
OUT-LAW.com, 18th April 2012
Source: www.out-law.com
“A further legal challenge has been launched against the Government’s decision to proceed with the proposed £33 billion High Speed 2 network, which will provide high speed rail links between major cities in the UK.”
OUT-LAW.com, 12th April 2012
Source: www.out-law.com
“Campaigners against the HS2 rail scheme have confirmed they will make two court bids to halt the £33bn project.”
BBC News, 3rd April 2012
Source: www.bbc.co.uk
“A man deemed likely to help try to kill a Russian politician on Britain’s streets has been allowed to return to the UK to fight to stay in the country.”
The Independent, 2nd April 2012
Source: www.independent.co.uk
“It may not be slave labour, but forcing people to work for free could breach human rights laws.”
The Guardian, 30th March 2012
Source: www.guardian.co.uk
“For the purposes of article 6 of the European Convention on Human Rights there was no civil right derived from domestic and common law to associate with fellow prisoners, so that an administrative decision to segregate or continue segregation of a prisoner was not a determination of such a right.”
WLR Daily, 27th Mach 2012
Source: www.iclr.co.uk
“The CA has just held that Collins J was wrong to hold (per my previous post) that the local NGO had a legitimate expectation that the Secretary of State would decide an air pollution issue, rather than leave it to the Environment Agency. In a nutshell, the Inspector (and hence the Secretary of State) was entitled to change his mind on this issue. So the expectation crumbled, and so did this judicial review to quash a decision to allow a waste incinerator to proceed.”
UK Human Rights Blog, 30th March 2012
Source: www.ukhumanrightsblog.com
“Two first-instance cases last year (Buglife, and Broads) considered whether a defendant to a judicial review involving a European point can complain that the proceedings were not commenced ‘promptly’ even though they were commenced within the 3 month time limit. Both judges decided that this argument could not be advanced, even though the wording in CPR rule 54.5(1) reads ‘promptly and in any event not later than 3 months.’ The Court of Appeal has now (by a whisker) approved these cases, though there was a vigorous dissent on one important point from Carnwath LJ. The point was in one sense academic, because the Court thought there was no merit in the underlying proceedings, but the ruling is still important.”
UK Human Rights Blog, 29th March 2012
Source: www.ukhumanrightsblog.com
“The government will have to defend two of its back-to-work schemes against accusations they exploit the unemployed as forced labour after a high court judge granted a hearing that could see benefit regulations overturned.”
The Guardian, 18th March 2012
Source: www.guardian.co.uk
“The UK’s human rights watchdog is intervening in a landmark case over the use of ‘do not resuscitate’ orders for NHS patients.”
The Guardian, 9th March 2012
Source: www.guardian.co.uk
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