Intelligence officers could face court for “aiding and abetting torture” despite new guidelines – Daily Telegraph

“Intelligence officers could be prosecuted for aiding and abetting torture overseas because new guidelines are not clear enough, the Equality and Human Rights Commission has claimed.”

Full story

Daily Telegraph, 24th June 2011

Source: www.telegraph.co.uk

Eba v Advocate General for Scotland – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Eba v Advocate General for Scotland [2011] UKSC 29; [2011] WLR (D) 204

“The approach to judicial review of unappealable decisions of the Upper Tribunal in Scotland should be to align itself with what had been decided by the Supreme Court to be the approach to be taken in England and Wales. Accordingly, as in England and Wales, the same criteria which had to be satisfied when making a second-tier appeal to the Court of Appeal applied when deciding whether a refusal of permission by the Upper Tribunal to appeal to itself was open to judicial review in Scotland.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal [2011] UKSC 28; [2011] WLR (D) 203

“Judicial review of a refusal by the Upper Tribunal of permission to appeal to itself was limited to the grounds upon which permission to make a second-tier appeal to the Court of Appeal would be granted.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BT and TalkTalk denied Digital Economy Act appeal – The Guardian

Posted June 22nd, 2011 in appeals, copyright, electronic commerce, internet, judicial review, news by sally

“BT and TalkTalk have been refused permission to appeal against their failed legal challenge of the Digital Economy Act.”

Full story

The Guardian, 21st June 2011

Source: www.guardian.co.uk

High Court dismisses challenges to magistrates’ court closures – Law Society’s Gazette

Posted June 21st, 2011 in courts, disabled persons, domestic violence, judicial review, news by sally

“The High Court has rejected legal challenges to the closures of Sittingbourne and Barry magistrates’ courts.”

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Law Society’s Gazette, 20th June 2011

Source: www.lawgazette.co.uk

Hospital faces legal action over newborn baby seized from mother – The Guardian

Posted June 20th, 2011 in breastfeeding, care orders, hospitals, judicial review, news by sally

“A breastfeeding mother whose newborn baby was forcibly taken from her and put into care for six days is seeking a judicial review over alleged unlawful treatment during a crucial bonding period with her daughter.”

Full story

The Guardian, 17th June 2011

Source: www.guardian.co.uk

Legal challenge over court closures rejected – The Guardian

Posted June 17th, 2011 in budgets, courts, judicial review, magistrates, news by sally

“Legal challenges launched to save magistrates courts from closure following a decision last year by the lord chancellor have been rejected by the high court.”

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The Guardian, 16th June 2011

Source: www.guardian.co.uk

Chapple v Suffolk County Council and another – WLR Daily

Posted June 16th, 2011 in appeals, judicial review, law reports, local government, tribunals by sally

Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194

“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”

WLR Daily, 8th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Tesco opponents win day in court – The Guardian

Posted June 16th, 2011 in judicial review, news, planning by sally

“Planning permission review announced over Bristol store at centre of rioting.”

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The Guardian, 15th June 2011

Source: www.guardian.co.uk

Regina (Alvi) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2011 in appeals, immigration, judicial review, law reports by tracey

Regina (Alvi) v Secretary of State for the Home Department [2011] EWCA Civ 681;  [2011] WLR (D)  190

“When deciding whether to grant leave to remain in the United Kingdom to a non-EEA economic migrant it was not open to the Secretary of State to treat the certificate of sponsorship issued by the migrant’s employer as invalid in reliance on the fact that the migrant’s job fell below the relevant NVQ/SVQ level specified in a separate document published on the UK Border Agency’s website after the laying before Parliament pursuant to section 3(2) of the Immigration Act 1971 of a Statement of Changes in the Immigration Rules; it was the obligation of the Secretary of State to specify the threshold for skilled occupations in the Immigration Rules themselves.”

WLR Daily, 9th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal bid to halt Sittingbourne magistrates court closure – The Guardian

Posted May 26th, 2011 in courts, judicial review, news by sally

“The fate of a Victorian magistrates building serving a deprived part of Kent has emerged as a test case for opposition to government plans to close nearly 150 courts across the country.”

Full story

The Guardian, 25th May 2011

Source: www.guardian.co.uk

Phone hacking: Lord Prescott wins high court bid to challenge Met – The Guardian

Posted May 23rd, 2011 in interception, judicial review, news, police, telecommunications by sally

“Two former cabinet minsters, a police chief and a journalist are to mount a judicial review into the Metropolitan police’s handing of the News of the World phone-hacking scandal.”

Full story

The Guardian, 23rd May 2011

Source: www.guardian.co.uk

CPS under fire over advocate panels – Law Society’s Gazette

Posted May 20th, 2011 in advocacy, Crown Prosecution Service, judicial review, news by tracey

“The Crown Prosecution Service faced pressure from both its own inspectorate and the Bar Council this week over its procurement of external advocates. The Gazette has learned that the Bar Council is seeking advice on a judicial review of the CPS’s new advocate panels.”

Full story

Law Society’s Gazette, 19th May 2011

Source: www.lawgazette.co.uk

High Court: Council must not axe care for elderly – Daily Telegraph

“Britain’s biggest council has been told its plans to cut care services for elderly and severely disabled people are ‘unlawful’ and must be scrapped, in a landmark High Court judgement with wide-ranging implications for social care.”

Full story

Daily Telegraph, 19th May 2011

Source: www.telegraph.co.uk

Phone hacking: Prescott seeks judicial review – BBC News

Posted May 13th, 2011 in inquiries, interception, judicial review, news, police, telecommunications by tracey

“Four men who believe the News of the World hacked their phones have applied to the High Court again for a judicial review into the police inquiry.”

Full story

BBC News, 12th May 2011

Source: www.bbc.co.uk

Regina (Adams) v Secretary of State for Justice (JUSTICE and another intervening)- WLR Daily

Posted May 13th, 2011 in compensation, judicial review, law reports, miscarriage of justice by tracey

Regina (Adams) v Secretary of State for Justice (JUSTICE and another intervening); In re MacDermott’s and McCartney’s Applications for Judicial Review (JUSTICE intervening) [2011] UKSC 18; [2011] WLR (D) 155

“A miscarriage of justice, within the meaning of section 133 of the Criminal Justice Act 1988, occurred where a new fact so undermined the evidence against the defendant that no conviction could possibly be based upon it.”

WLR Daily, 11th may 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Torture legal aid case is a triumph of the rule of law – The Guardian

Posted May 13th, 2011 in judicial review, legal aid, news, public interest, torture by tracey

“The high court ruling condemning the MoD for restricting funding for litigation underlines the importance of judicial review.”

Full story

The Guardian, 12th May 2011

Source: www.guardian.co.uk

Activist wins legal aid battle – The Independent

Posted May 12th, 2011 in human rights, judicial review, legal aid, news, public interest by sally

“Peace activist Maya Evans has won a dramatic High Court victory in her battle to block cuts to legal aid funding for human rights cases brought ‘in the public interest’.”

Full story

The Independent, 12th May 2011

Source: www.independent.co.uk

Disabled people take anti-cuts protest to the courts – The Guardian

“Disabled people are using the courts to challenge multimillion-pound spending cuts which they say will hit them hardest.”

Full story

The Guardian, 10th May 2011

Source: www.guardian.co.uk

Pc killer David Bieber loses bid to sue authorities – BBC News

Posted May 9th, 2011 in judicial review, news, prisons, transfer of prisoners by sally

“A policeman’s killer has failed in his bid to sue prison authorities over the way they handled a jail switch when they were warned of an escape plan.”

Full story

BBC News, 6th May 2011

Source: www.bbc.co.uk