‘A High Court judge has quashed a council’s decision to reduce the community care provision for a 23-year-old man with learning and communication difficulties.’
Local Government Lawyer, 2nd July 2015
Source: www.localgovernmentlawyer.co.uk
Reynolds v CLFIS (UK) Ltd and others [2015] EWCA Civ 439; [2015] WLR (D) 197
‘In a “tainted information case”, where the claimant claimed that she had been dismissed on grounds of age and the court’s focus had been on the potential prejudice of only one manager of the employer, not all of those who might have provided information bearing on any discrimination, the correct approach was to treat the conduct of the person supplying the information as separate from that of the person who acted on it, and the alternative “composite” approach was not appropriate to such a case.’
WLR Daily, 30th April 2015
Source: www.iclr.co.uk
‘The Court of Appeal has strongly criticised a district judge who failed to produce “any adequate reasons” for reaching his conclusions in an adverse possession case.’
Litigation Futures, 31st March 2015
Source: www.litigationfutures.com
‘Judge not, that ye be not judged’: judging judicial decision-making (PDF)
Lecture by Lord Neuberger
F A Mann Lecture 2015
Source: www.supremecourt.uk
‘The Service Confidence Procedure (“SCP”), which was the statutory misconduct regime for police officers, was amenable to judicial review, but in circumstances where reasons for it were subject to a decision that they could not be disclosed due to public interest immunity, then the threshold for judicial interference was very high.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’
WLR Daily, 2nd May 2014
Source: www.iclr.co.uk
‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’
WLR Daily, 1st May 2014
Source: www.iclr.co.uk
‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘Guidance issued jointly by the Justices’ Clerks Society and the Magistrates’ Association with the approval of Mrs Justice Pauffley and the President of the Family Division.’
Judiciary of England & Wales, 18th March 2014
Source: www.judiciary.gov.uk
‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’
Daily Telegraph, 18th May 2014
Source: www.telegraph.co.uk
‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’
NearlyLegal, 2nd February 2014
Source: www.nearlylegal.co.uk/blog/
“This planning judicial review tackles the problem posed by an authority who says one thing in its formal reasons granting planning permission, and another thing in the court proceedings when the grant is challenged.”
UK Human Rights Blog, 25th October 2013
Source: www.ukhumanrightsblog.com
“The Director of Public Prosecutions, Keir Starmer QC said: ‘This was a very difficult and finely balanced decision. It was based on the individual facts of the case; it is not a policy decision. But in light of concerns raised today, I have decided that it would be sensible to put into the public domain the case specific reasons for not prosecuting in much greater detail. Clearly this will involve careful consideration of how much information can be put into the public domain by way of explanation, but my intention is for a fuller statement to made by the CPS in due course. In the mean time, I understand that the Health Secretary has written to the Attorney General asking for clarification and I am happy to assist him in any way.’ ”
Crown Prosecution Service, 5th September 2013
Source: www.cps.gov.uk
“The Upper Tribunal has handed down two decisions on Iraq and section 27 FOIA, which raise some interesting procedural points – FCO v Information Commissioner and Plowden GIA/2474/2012 and Cabinet Office and Information Commissioner v Muttitt GIA/0957/2012.”
Panopticon, 2nd July 2013
Source: www.panopticonblog.com
“(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677. This Court of Appeal judgment further reduces the scope for judicial review of a Decision Notice issued by the Financial Services Authority (‘the FSA’, now the Financial Conduct Authority). Indeed it comes close to excluding judicial review of these Notices. This is because there is a statutory mechanism for challenging Decision Notices. This case sheds light on the very limited role of judicial review where there is such a statutory right.”
UK Human Rights Blog, 21st June 2013
Source: www.ukhumanrightsblog.com
Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198
Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.
WLR Daily, 14th May 2013
Source: www.iclr.co.uk
Regina v Radjpaul: [2013] EWCA Crim 591; [2013] WLR (D) 160
“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
“This successful challenge to a decision by the Legal Aid Agency (LAA) arose from an expert assessor in family proceedings – not unnaturally – refusing to begin work unless funding was in place. If the LAA are asked to fund an assessment on behalf of a party with legal aid, then it is common for lawyers to obtain prior authority from the LAA to ensure that the expert will be paid for their work. If not, then the lawyers themselves can be liable for an expert’s costs. In this case, prior authority to pay for the expert assessment had been refused by the LAA thus resulting in further court hearings and delay in the resolution of the case for the children.”
UK Human Rights Blog, 2nd May 2013
Source: www.ukhumanrightsblog.com
“On the eve of costs budgeting becoming an integral aspect of multi-track case management, the Court of Appeal has caused controversy by reversing Senior Costs Judge Hirst’s tough decision in Henry v News Group Newspapers (SCCO) 28th May 2012).”
Full story (PDF)
Zenith Chambers, 12th February 2013
Source: www.zenithchambers.co.uk
“In recent months, the major information law issues have involved the government’s vetoing disclosure of the Prince Charles ‘black spider’ letters, its response to the draft new EU Data Protection Regulation, a number of Article 8 decisions concerning police and criminal records and changes to RIPA. On this last point, note that as of last Thursday, local authorities require a magistrate’s approval for authorising directed surveillance.”
Panopticon, 4th November 2012
Source: www.panopticonblog.com
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