Successful challenge to library closures: lip service not enough for equality duties – Shaheen Rahman – UK Human Rights Blog

Posted November 24th, 2011 in judicial review, libraries, news by sally

“In the administrative court, the decisions of two local authorities to withdraw funding for library services were held to be unlawful.”

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UK Human Rights Blog, 24th November 2011

Source: www.ukhumanrightsblog.com

Investigation team “lacks necessary independence” for MOD ill-treatment allegations – UK Human Rights Blog

Posted November 23rd, 2011 in appeals, armed forces, inquiries, Iraq, judicial review, news, torture by sally

“The Court of Appeal has ruled that the Iraq Historic Allegations Team, set up to investigate allegations of ill-treatment of Iraqi detainees by members of the British armed forces, lacked the requisite independence to fulfil the investigatory obligation under Article 3 of the Convention.”

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UK Human Rights Blog, 23rd November 2011

Source: www.ukhumanrightsblog.com

UK Uncut accuses Revenue & Customs of delaying judicial review – The Guardian

Posted November 23rd, 2011 in corporation tax, delay, judicial review, news, tax avoidance by sally

“The campaign group trying to recoup £10m in unpaid tax penalties from Goldman Sachs has accused Revenue & Customs of delaying a judicial review of the controversial settlement it made letting the bank off the money it owed.”

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The Guardian, 22nd November 2011

Source: www.guardian.co.uk

Regina (Garland) v Secretary of State for Justice and another – WLR Daily

Posted November 21st, 2011 in disciplinary procedures, judicial review, law reports, prisons, time limits by tracey

Regina (Garland) v Secretary of State for Justice and another: [2011] EWCA Civ 1335;  [2011] WLR (D)  333

“Under rule 53(1) of the Prison Rules 1999 prison authorities were allowed a full 48 hours from discovery of an offence against discipline to lay a charge against a prisoner, and longer where there were exceptional circumstances making it impossible to lay the charge within that time.”

WLR Daily, 17th November 2011

Source: www.iclr.co.uk

Court allows challenges against library closures – The Guardian

Posted November 16th, 2011 in appeals, budgets, judicial review, libraries, local government, news by sally

“Campaigners won the latest legal battle over library closures when a judge in London allowed challenges against plans to shut libraries in Gloucestershire and Somerset.”

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The Guardian, 16th November 2011

Source: www.guardian.co.uk

One of the “great unspoken problems” about human rights law – UK Human Rights Blog

Posted November 15th, 2011 in human rights, judicial review, judiciary, news, parliament by sally

“… is at the core of Jonathan Sumption QC’s FA Mann lecture. His central point is not human rights as such, but our misconception of Parliament and the perceived need for judicial constraints on the action of the state.”

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Uk Human Rights Blog, 15th November 2011

Source: www.ukhumanrightsblog.com

Courts step in to save vulnerable from cuts – The Independent

Posted November 14th, 2011 in budgets, community care, disabled persons, judicial review, local government, news by sally

“Two disabled men who faced losing their right to care won a landmark High Court case yesterday over cost cutting by their council. It was the latest in a series of rulings that threatens to disrupt the Government’s attempts to slash local authority spending.”

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The Independent, 12th November 2011

Source: www.independent.co.uk

Council’s social care cuts are unlawful, high court rules – The Guardian

Posted November 11th, 2011 in budgets, community care, judicial review, local government, news by tracey

“Two severely disabled adults have won a landmark high court battle over cost-cutting by their local authority when a judge ruled that Isle of Wight council’s plans to reduce its adult social care budget are unlawful.”

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The Guardian, 11th November 2011

Source: www.guardian.co.uk

Bubb v Wandsworth London Borough Council – WLR Daily

Posted November 11th, 2011 in appeals, homelessness, housing, judicial review, law reports, local government by tracey

Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285;  [2011] WLR (D)  323

“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

UK solar companies take legal action against subsidies cuts – The Guardian

Posted November 11th, 2011 in energy, judicial review, news by tracey

“A coalition of UK solar companies has initiated legal action against the government in response to its plans to more than halve solar subsidies.”

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The Guardian, 10th November 2011

Source: www.guardian.co.uk

Council cuts to elderly care fees ruled illegal – Daily Telegraph

Posted November 11th, 2011 in budgets, care homes, elderly, judicial review, local government, news by tracey

“Councils across England could be forced to spend hundreds of millions of pounds extra on care for the elderly after a landmark High Court case.”

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Daily Telegraph, 10th November 2011

Source: www.telegraph.co.uk

Jonathan Sumption shows a certain naivety – The Guardian

“The supreme court’s newest recruit worries that judges are making policy. But parliament always has the last word.”

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The Guardian, 9th November 2011

Source: www.guardian.co.uk

Supreme court appointee says role of British judges is too politicised – The Guardian

“Jonathan Sumption QC believes that UK judiciary is too closely involved in making decisions best left for parliament.”

F.A. Mann Lecture, Lincoln’s Inn,  8th November 2011

Full text of lecture

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Teenagers begin high court challenge against tuition fee rise – The Guardian

Posted November 1st, 2011 in education, equality, fees, human rights, judicial review, news, universities by sally

“Two teenagers have begun a case in the high court against the government’s decision to let universities almost treble tuition fees next year.”

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The Guardian, 1st November 2011

Source: www.guardian.co.uk

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education – WLR Daily

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education [2011] EWCA Civ 1236; [2011] WLR (D) 307

“Although a complaint of disability discrimination was an eligible complaint to be made to the Office of the Independent Adjudicator for Higher Education (“OIA”) under the Higher Education Act 2004, the task and duty of the OIA on a complaint of disability discrimination against a higher education institution was confined to whether the conduct of the university was reasonable or not and what recommendation should be made in response to the complaint and the office was not obliged to rule whether there had been a disability discrimination.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

More cuts: Library closure challenge fails – UK Human Rights Blog

Posted October 21st, 2011 in appeals, budgets, children, injunctions, judicial review, libraries, local government, news by sally

“The duty to provide library services for children was one of the key arguments advanced by campaigners in Brent challenging the council’s decision to close 6 of its 12 libraries. Reliance was placed upon section 7 of the Public Libraries and Museums Act 1964. This requires local authorities to provide a comprehensive and efficient library service.”

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UK Human Rights Blog, 20th October 2011

Source: www.ukhumanrightsblog.com

FSA told to rethink on legal privilege – Law Society’s Gazette

Posted October 20th, 2011 in financial regulation, judicial review, news, privilege by tracey

“The Financial Services Authority has been urged to review its operating procedures after it was found to have acted unlawfully in its use of legally privileged material during an enforcement investigation.”

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Law Society’s Gazette, 20th October 2011

Source: www.lawgazette.co.uk

Go-ahead for Brent library closure appeal – The Independent

Posted October 19th, 2011 in appeals, budgets, demonstrations, judicial review, libraries, local government, news by sally

“A judge has ordered an urgent hearing of an appeal against a landmark decision giving the go-ahead for the closure of six libraries.”

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The Independent, 19th October 2011

Source: www.independent.co.uk

Brent library campaigners lose court bid against closures – BBC News

Posted October 13th, 2011 in judicial review, libraries, news by tracey

“Campaigners have lost their High Court bid to save six libraries in north-west London which were marked for closure to cut council spending.”

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BBC News, 13th October 2011

Source: www.bbc.co.uk

Dale Farm: High Court ruling on eviction due – BBC News

Posted October 12th, 2011 in enforcement notices, judicial review, news, travellers by sally

“Residents at Dale Farm, the UK’s largest illegal travellers’ site will learn later if they have won their High Court battle against eviction.”

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BBC News, 12th October 20111

Source: www.bbc.co.uk