Category: judicial review

Regina (NM) v Islington Borough Council – WLR Daily

Posted March 2nd, 2012 in community care, judicial review, law reports, social services by tracey

Regina (NM) v Islington Borough Council: [2012] EWHC 414 (Admin);  [2012] WLR (D)  52

“When considering whether a duty of assessment of needs for community care services had arisen under section 47(1) of the National Health Service and Community Care Act 1990 the interpretation of the words ‘may be in need of any such services’ covered both cases of present need and a narrow penumbra of cases of reasonably predictable future need.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Court of Appeal allows 584 home Blackpool development despite RSS revocation – OUT-LAW.com

Posted February 29th, 2012 in appeals, housing, judicial review, local government, news, planning by tracey

“The Court of Appeal has allowed a 584 home development in Blackpool to go ahead, dismissing an appeal against permission for the development. ”

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OUT-LAW.com, 28th February 2012

Source: www.out-law.com

Poor not singled out by rise in university fees, rules court – UK Human Rights Blog

Posted February 23rd, 2012 in fees, human rights, judicial review, news, universities by sally

“This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when the extent of judicial intervention into political decision-making is the subject of much debate in the legal profession and academia, thanks to Lord Sumption’s FA Mann Lecture on the subject late last year and its recent rebuttal by Sir Stephen Sedley.”

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UK Human Rights Blog, 22nd February 2012

Source: www.ukhumanrightsblog.com

Why judicial review didn’t overturn tuition fees – The Guardian

Posted February 20th, 2012 in fees, judicial review, news, universities by sally

“The case is a prime example of how judges’ relationship with administrative decision-making is changing.”

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The Guardian, 20th February 2012

Source: www.guardian.co.uk

Bideford council to appeal against ban on prayers during meetings – The Guardian

Posted February 20th, 2012 in Christianity, judicial review, local government, news by sally

“Until this week, perhaps, Bideford owed its greatest claim to fame to its 1682 witch trials when three women were sent to the gallows in the reputed last hangings for witchcraft in England.”

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The Guardian, 17th February 2012

Source: www.guardian.co.uk

Teenage students lose high court battle to overturn tuition fees rise – Daily Telegraph

Posted February 17th, 2012 in equality, fees, human rights, judicial review, news, universities by sally

“Two students, Callum Hurley and Katy Moore, have failed in their High Court attempt to overturn the Government’s decision to allow universities to almost treble tuition fees.”

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Daily Telegraph, 17th February 2012

Source: www.telegraph.co.uk

Tuition fees ruling could question legality of university charges – The Guardian

Posted February 17th, 2012 in education, equality, fees, human rights, judicial review, news, universities by sally

“The high court is to rule on whether ministers acted legally in allowing universities to charge tuition fees of up to £9,000 a year from this autumn.”

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The Guardian, 17th February 2012

Source: www.guardian.co.uk

Judicial Politics: Stephen Sedley on the separation of powers – London Review of Books

Posted February 16th, 2012 in judicial review, judiciary, news by sally

“Although it is unusual, there is nothing novel about a member of the Bar being appointed directly to the UK’s highest court. When the highest court was the appellate committee of the House of Lords, appointments to it were occasionally made in this way, sometimes to good effect. Among the last, now more than half a century ago, were James Reid QC, a Scottish Tory MP who, as Lord Reid, became one of the best judges of the postwar years, and Cyril Radcliffe QC, a distinguished public servant and barrister.”

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London Review of Books, 16th February 2012

Source: www.lrb.co.uk

Camden council launches legal challenge to HS2 – The Guardian

Posted February 16th, 2012 in housing, judicial review, local government, news, railways by sally

“The ‘great earthquake’ that ‘rent the whole neighbourhood’ was recorded by Charles Dickens in Dombey and Son when a railway first cut through Camden in the early 19th century. Nearly 200 years on, Camden’s residents are stepping up their fight against what they fear will be a smaller, but similar, seismic shock from High Speed 2, the rail scheme given the go-ahead last month.”

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The Guardian, 16th February 2012

Source: www.guardian.co.uk

Pensioner launches High Court bid to stop NHS ‘privatisation’ – Daily Telegraph

Posted February 8th, 2012 in community care, judicial review, news by sally

“A pensioner who lives in a care home launches a High Court bid today (Wednesday) to stop his local health authority from handing an £80 million-a-year contract to a private body.”

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Daily Telegraph, 8th February 2012

Source: www.telegraph.co.uk

High Court orders Surrey library plans judicial review – BBC News

Posted February 6th, 2012 in budgets, injunctions, judicial review, libraries, local government, news by sally

“A judicial review of Surrey County Council’s plans for some libraries to be run by volunteers has been ordered by the High Court.”

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BBC News, 4th February 2012

Source: www.bbc.co.uk

Brent library closures: Supreme Court rejects appeal bid – BBC News

Posted February 6th, 2012 in appeals, budgets, judicial review, libraries, local government, news by sally

“The Supreme Court has refused to allow campaigners fighting to save six north-west London libraries permission to appeal against a court’s decision.”

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BBC News, 3rd February 2012

Source: www.bbc.co.uk

The solar panel challenge – Halsbury’s Law Exchange

Posted February 2nd, 2012 in consultations, energy, judicial review, news by sally

“The government’s attempt to move forward the date for a reduction in subsidies for households with solar panel installations is concerning, both in legal terms and for the future of renewable energy. The Court of Appeal’s judgment on 25 January 2012 reassuringly blocked the government’s endeavours, but with the intention of the government to appeal to the Supreme Court, the legal battle continues.”

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Halsbury’s Law Exchange, 2nd February 2012

Source: www.halsburyslawexchange.co.uk

Regina (Samuel Smith Old Brewery (Tadcaster)) v Secretary of State for Energy and Climate Change – WLR Daily

Posted February 2nd, 2012 in electricity lines, energy, judicial review, law reports by sally

Regina (Samuel Smith Old Brewery (Tadcaster)) v Secretary of State for Energy and Climate Change [2012] EWHC 46 (Admin); [2012] WLR (D) 16

“Following the grant of a consent under section 37 of the Electricity Act 1989 (as amended) in respect of any operation or change of use that constituted development, a direction made by the Secretary of State under section 90(2) of the Town and Country Planning Act 1990 that planning permission for that and any ancillary development should be deemed to be granted was not a ‘determination under the planning Acts’ for the purposes of engaging the duty to act in accordance with the applicable development plan under section 38(6) of the Planning and Compulsory Purchase Act 2004.”

WLR Daily, 31st January 2012

Source: www.iclr.co.uk

Are lawyers in right-to-die cases breaking the law? – UK Human Rights Blog

Posted February 1st, 2012 in assisted suicide, judicial review, legal profession, news, prosecutions by sally

“Albert Camus famously wrote: ‘there is but one truly serious philosophical problem and that is suicide.’ However profound a philosophical problem, the question of suicide or, more precisely, assisted suicide is proving quite a legal conundrum.”

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UK Human Rights Blog, 31st January 2012

Source: www.ukhumanrightsblog.com

Lawyers in right-to-die case can act without fear of prosecution – The Guardian

Posted January 30th, 2012 in assisted suicide, judicial review, legal profession, news by sally

“Lawyers for a stroke victim who wants help to end his life can continue to act on his behalf without fear of prosecution or disciplinary action following a high court ruling.”

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The Guardian, 27th January 2012

Source: www.guardian.co.uk

High-speed rail: Stop HS2 group seeks judicial review – BBC News

Posted January 26th, 2012 in judicial review, news, railways by sally

“Campaigners against the £33bn high-speed rail project (HS2) are to seek a judicial review of the government’s decision to approve the scheme.”

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BBC News, 25th Janaury 2012

Source: www.bbc.co.uk

Tobacco companies drop judicial review proceedings over display ban – The Lawyer

Posted January 25th, 2012 in advertising, judicial review, news, smoking by sally

“Four leading tobacco manufacturers have dropped their judicial review bid against the Government’s plan to introduce a display ban on tobacco products.”

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The Lawyer, 25th January 2012

Source: www.thelawyer.com

Council spent £70,000 fighting judicial review of library closures – The Guardian

Posted January 24th, 2012 in costs, judicial review, libraries, local government, news by sally

“A council that had its library restructuring plans quashed in the high court spent more than £70,000 fighting the judicial review.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

Wind farm development – A Note on some recent legal issues for decision makers – No.5 Chambers

Posted January 24th, 2012 in consultations, energy, judicial review, news, planning by sally

“Onshore wind, and energy infrastructure generally, is a form of development which gives rise to strongly held views, on all sides. Resolving the competing environmental and policy issues is difficult enough, but this form of development also has a propensity to attract legal challenge.”

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No.5 Chambers, 20th January 2012

Source: www.no5.com