Archive for the 'judicial review' Category

High Court challenge to library closures in the West – BBC News

“Two county councils which want to close libraries in the west of England are facing a judicial review.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

Councils mount legal challenge over academies cuts – BBC News

“A group of English local authorities are mounting a legal challenge against government budget cuts tied to its academies expansion programme.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

MoJ could face judicial review challenge over civil cost reforms – Law Society’s Gazette

“Charitable group the Public Law Project (PLP) has threatened to launch a legal challenge to the Ministry of Justice’s civil costs and funding reforms.”

Full story

Law Society’s Gazette, 28th April 2011

Source: www.lawgazette.co.uk

Public will be ‘barred’ from justice in legal aid reform, warn lawyer group – Daily Telegraph

“The public will be effectively barred from fighting incompetent doctors and councils in the courts under plans to cut legal aid, the body representing lawyers warned yesterday.”

Full story

Daily Telegraph, 21st April 2011

Source: www.telegraph.co.uk

Filesharing: BT and TalkTalk fail in challenge to Digital Economy Act – The Guardian

“Government plans to curb illegal filesharing received a significant boost on Wednesday, as a judicial review of the controversial Digital Economy Act failed to halt the legislation.”

Full story

The Guardian, 20th April 2011

Source: www.guardian.co.uk

UK banks lose payment protection insurance challenge – BBC News

“UK banks have lost a judicial review that could have a major impact on whether more compensation has to be paid on mis-sold loan insurance..”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Public sector workers launch legal challenge to pension reforms – Daily Telegraph

“Public sector workers have launched a legal challenge in the High Count to prevent changes to their gold-plated pensions.”

Full story

Daily Telegraph, 16th April 2011

Source: www.telegraph.co.uk

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350;  [2011] WLR (D)  135

“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th April 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.

Judge attacks ‘deplorable’ row over top Catholic school – Daily Telegraph

“A judge today condemned a ‘deplorable’ legal dispute between church leaders and parents over control of a top Roman Catholic comprehensive.”

Full story

Daily Telegraph, 14th April 2011

Source: www.telegraph.co.uk

High Court challenge to court closures – Law Society’s Gazette

“The High Court is set to hear the first of four legal challenges to magistrates’ courts closures, the Gazette has learned.”

Full story

Law Society’s Gazette, 14th April 2011

Source: www.lawgazette.co.uk

The practicalities of using judicial review – Law Society’s Gazette

“To many clients, judicial review provides the opportunity to seek redress for the subjectively perceived wrongdoing of a public authority. It is a perception replete with misunderstanding and contradiction.”

Full story

Law Society’s Gazette, 14th April 2011

Source: www.lawgazette.co.uk

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Regina (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin); [2011] WLR (D) 129

“A sponsorship licence issued by the United Kingdom Border Agency to a business that was engaged in the provision of educational services to migrants from outside the European Economic Area constituted “possessions” within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th April 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.

Obesity surgery man loses court fight against PCT – BBC News

“A grandfather has lost his High Court battle over a health trust’s refusal to fund obesity surgery.”

Full story

BBC News, 7th April 2011

Source: www.bbc.co.uk

Teenager uses Human Rights Act to sue health authority over vital growth drugs – The Guardian

“A 15-year-old boy who suffers from a rare medical condition that means he cannot eat protein is to make legal history by becoming the first child to sue his local health authority under the Human Rights Act.”

Full story

The Guardian, 2nd April 2011

Source: www.guardian.co.uk

Bomb plotter wins parole challenge – The Independent

“A man jailed for 45 years for plotting to blow up an Israeli airliner won a High Court challenge today against Government refusals to allow his early release.”

Full story

The Independent, 1st April 2011

Source: www.independent.co.uk

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another – WLR Daily

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107

“Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

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

Digital Economy Act: further delay to illegal downloading measures – The Guardian

“Plans to send thousands of warning letters to alleged illegal downloaders have been delayed until next year as the government’s embattled Digital Economy Act is held up by a high court judicial review.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk

Chris Huhne faces legal challenge over nuclear link to cancer in children – The Guardian

“The government has ordered an expansion of the UK’s nuclear programme without properly factoring in evidence that nuclear power stations cause an increase in cancer cases in children living nearby, according to a legal challenge in the high court.”

Full story

The Guardian, 25th March 2011

Source: www.guardian.co.uk

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same [2011] EWCA Civ 276; [2011] WLR (D) 97

“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

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

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

Regina (Medical Justice) v Secretary of State for the Home Department [2011] EWCA Civ 269; [2011] WLR (D) 95

“Where a party sought permission to appeal from a judge and permission was granted on terms, that party had no right to appeal against those terms by reason of section 54(4) of the Access to Justice Act 1999, unless the party concerned was not present at the permission hearing at which the terms were imposed. The proper course was either to accept the terms, or to treat them as a refusal of permission and to make a fresh application under section 54(4) to the appropriate appeal court for permission.”

WLR Daily, 16th March 2011

Source: www.iclr.co.uk

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

Sacked West Yorkshire officer loses legal battle – BBC News

“A Wakefield Pc sacked for inappropriate behaviour, including flirting with a drugs suspect, has failed in her High Court bid to get her job back.”

Full story

BBC News, 18th March 2011

Source: www.bbc.co.uk

Legal action over closure of children’s heart surgery unit – Daily Telegraph

“Managers of a children’s heart surgery unit are to launch legal action to stop it being closed under a long-awaited national review.”

Full story

Daily Telegraph, 17th March 2011

Source: www.telegraph.co.uk

How the law can be used to fight cuts to services for disabled people – Law Society’s Gazette

“Disabled children and disabled adults need significant support from public bodies to help them lead ordinary lives. These groups require both specialist and targeted services and flexible universal services which can be adapted to their needs.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Prison officers sue to stop private firm taking over four jails – The Guardian

“The Prison Officers Association (POA) is to launch a high court bid to prevent the UK’s biggest private prisons contractor from taking over four prisons currently under review.”

Full story

The Guardian, 6th March 2011

Source: www.guardian.co.uk

Ombudsman could investigate child ‘snatching’ by courts – Daily Telegraph

“An independent Ombudsman could be appointed to investigate cases in which social workers and the courts are accused of taking children from their homes without justification.”

Full story

Daily Telegraph, 6th March 2011

Source: www.telegraph.co.uk

Child Poverty Action Group mounts legal challenge to welfare reform – The Guardian

“The government is facing a legal challenge to its controversial plans to cap housing benefit payments on the grounds that large areas of the south-east will become off limits to the poor, with lone parents and ethnic minorities ‘disproportionately affected’.”

Full story

The Guardian, 7th March 2011

Source: www.guardian.co.uk

Opponents of News Corp takeover of BSkyB consider judicial review – The Guardian

“An alliance of media groups opposed to News Corporation’s takeover of BSkyB, including BT and the publishers of the Daily Mail, Daily Telegraph and Guardian, are considering seeking a judicial review of the government’s approval of the deal on Thursday.”

Full story

The Guardian, 3rd March 2011

Source: www.guardian.co.uk

Library campaigners mount legal challenges to closures – The Guardian

“Pressure is building on culture secretary Jeremy Hunt over library closures, with the mounting of two new legal challenges.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Challenging the cuts: A guide to judicial review – The Guardian

“The coalition government wants to reduce the national deficit by billions, but is facing regular court challenges against its decisions to cut budgets. Some have been successful, such as the challenge to the cancellation of a school building programme and to London Councils’ decision to cut the London boroughs’ grants scheme budget — and there are more to come.”

Full story

The Guardian, 28th February 2011

Source: www.guardian.co.uk

Judges slam legal aid cuts and lawyers who bring ‘unmeritorious’ claims – Law Society’s Gazette

“Judges have slammed government plans to cut legal aid, but also criticised publicly funded lawyers who bring ‘unmeritorious’ public law claims, and proposed limiting legal aid in judicial review cases.”

Full story

Law Society’s Gazette, 28th February 2011

Source: www.lawgazette.co.uk

Campaigners launch legal challenge to library closures – The Guardian

“Libraries are set to be a legal testing-ground for David Cameron’s vision of the ‘big society’, with lawyers arguing that the prime minister’s ‘vague notions’ are not enough to fulfil councils’ legal obligations to their library services.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Tuition fees: Teenagers seek human rights judicial review – The Guardian

“Two teenagers are seeking a judicial review into the government’s decision to allow university tuition fees to almost treble to up to £9,000 from next year.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Library cuts in Somerset and Gloucestershire challenged – BBC News

“A High Court challenge is being launched over public library closures.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Student who can’t stay awake takes watchdog to court – The Independent

“A student who suffers from the chronic sleep disorder narcolepsy is to have her case heard by the Court of Appeal in London on Thursday, following a six-year battle against what she perceives to be disability discrimination by her university.”

Full story

The Independent, 22nd February 2011

Source: www.independent.co.uk

Q&A: Building Schools for the Future court case – The Guardian

“Details of the judicial review into the government’s scrapping of the school building programme.”

Full story

The Guardian, 11th February 2011

Source: www.guardian.co.uk

Gove loses court battle over cancelled school building projects – The Guardian

“A high court judge has ordered the education secretary, Michael Gove, to reconsider his decision to cancel scores of multimillion-pound school rebuilding projects.”

Full story

The Guardian, 11th February 2011

Source: www.guardian.co.uk

Councils defeat government over school buildings – BBC News

“The government has been defeated in the High Court over the way it scrapped part of England’s school building programme.”

Full story

BBC News, 11th February 2011

Source; www.bbc.co.uk

Court rejects fluoride challenge – The Independent

“A local health authority’s plans for the fluoridation of a city’s tap water was not unlawful, the High Court ruled today.”

Full story

The Independent, 11th February 2011

Source: www.independent.co.uk

People get power to take CCTV abusers to court – Daily Telegraph

“Any member of the public will be able to refer a local authority for judicial review if they can argue their cameras were set up or are being used inappropriately.”

Full story

Daily Telegraph, 10th February 2011

Source: www.telegraph.co.uk

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government – WLR Daily

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government [2011] EWHC 97 (Admin); [2011] WLR (D) 39

“A stated intention by the Government to abolish regional strategies and to promote legislation for that purpose was capable in law of constituting, for the purposes of section 70(2) of the Town and Country Planning Act 1990, a ‘material consideration’ to which planning authorities could have taken regard in making determinations of applications for planning permission. The Secretary of State’s announced intention to abolish regional strategies did not compromise the duty of local planning authorities under section 19 of the Planning and Compulsory Purchase Act 2004 (as amended) to have regard to regional strategies when preparing a development plan or any other local development document.”

WLR Daily, 8th February 2011

Source: www.lawreports.co.uk

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

Regina (Z) v Croydon London Borough Council – WLR Daily

Regina (Z) v Croydon London Borough Council [2011] EWCA Civ 59; [2011] WLR (D) 29

“Where a court was considering whether to grant permission to proceed with a claim for judicial review of a local authority’s decision in an age assessment case the court should ask whether the material before it raised a factual case which, taken at its highest, could not properly succeed in a contested factual hearing. If so, permission should be refused. If not, permission should normally be granted, subject to other discretionary factors, such as delay. It was axiomatic that an unaccompanied asylum seeker who claimed to be a child should be given, where an assessment of his age was being conducted by a local authority, a fair and proper opportunity, at a stage when a possible adverse decision was no more than provisional, to deal with important points adverse to his age case which weighed against him.”

WLR Daily, 2nd February 2011

Source: www.lawreports.co.uk

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

Residents lose ‘fight the flights’ court battle – The Independent

“Local residents have lost their High Court battle to block an ‘extremely large’ increase in the number of flights proposed for London City Airport.”

Full story

The Independent, 20th January 2011

Source: www.independent.co.uk

Yarl’s Wood mother jailed without charge for a year to ‘silence’ her – The Guardian

“A woman who went on hunger strike in protest at her detention in the Yarl’s Wood immigration removal centre claims she has been silenced by the state after being held in a prison without charge for almost a year.”

Full story

The Guardian, 16th January 2011

Source: www.guardian.co.uk

Law firms win judicial review case against LSC – The Lawyer

“Two law firms, Public Interest Lawyers and RMNJ, have successfully fought a judicial review case against the Legal Services Commission (LSC).”

Full story

The Lawyer, 20th December 2010

Source: www.thelawyer.com

Conan Doyle supporters take Undershaw fight to court – BBC News

“Opponents of plans to convert Sir Arthur Conan Doyle’s former Surrey home into flats are taking their fight to the High Court.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

Pembrokeshire care homes fees row in judicial review – BBC News

“The money Pembrokeshire council pays care homes to look after residents will be challenged in the High Court later.”

Full story

BBC News, 14th December 2010

Source: www.bbc.co.uk

Regina (Woolas) v Parliamentary Election Court and others – WLR Daily

Regina (Woolas) v Parliamentary Election Court and others [2010] EWHC 3169 (Admin); [2010] WLR (D) 217

“The relationship of a parliamentary election court to the High Court was such that it was to be regarded as an inferior tribunal so that its actions could be the subject of judicial review; and the jurisdiction in judicial review of an election court was not confined to an excess of jurisdiction in the narrow sense but extended to correcting errors in its application of the law.”

WLR Daily, 8th December 2010

Source: www.lawreports.co.uk

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

R (Moore) v Skipton Fund Ltd – WLR Daily

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd December 2010

Source: www.lawreports.co.uk

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

Judgement reserved in Phil Woolas election case – BBC News

“Three High Court judges considering former Labour MP Phil Woolas’s bid to overturn his ban from politics have reserved judgement.”

Full story

BBC News, 17th November 2010

Source: www.bbc.co.uk

Phil Woolas challenging ban from politics – BBC News

“Former Labour immigration minister Phil Woolas will begin a legal bid to overturn a ruling that he should be banned from politics for three years.”

Full story

BBC News, 16th November 2010

Source: www.bbc.co.uk

Greenpeace makes legal bid to stop UK offshore drilling – The Independent

“Greenpeace has launched legal action in a bid to stop UK offshore drilling in the wake of the Deepwater Horizon disaster. The environmental group announced today that its lawyers have filed a claim at the Royal Courts of Justice in London.”

Full story

The Independent, 12th November 2010

Source: www.independent.co.uk

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government – WLR daily

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287

“The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance.”

WLR Daily, 11th November 2010

Source: www.lawreports.co.uk

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

‘Big society’ decision to scrap regional housing targets ruled unlawful – The Guardian

“A decision by the communities secretary, Eric Pickles, to scrap regional housing targets in pursuit of the government’s ‘big society’ initiative was ruled unlawful by the high court today.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

BT and TalkTalk granted judicial review of Digital Economy Act – The Guardian

“BT and TalkTalk today (10 November) won the right to a judicial review of the Digital Economy Act, throwing controversial government proposals to tackle illegal filesharing into uncertainty.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

Oldham East byelection delayed as Phil Woolas seeks judicial review – The Guardian

“A byelection to select a new MP for Oldham East and Saddleworth has been put on hold pending the outcome of an attempt by Phil Woolas, who won the seat for Labour in May, to overturn a court decision ruling his election void.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk


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