Stephen Sellers reports on recent case law on the ‘standing’ to apply for judicial review ‘The question of councillors standing for local authorities when bringing judicial review proceedings to procurement cases is ripe for consideration by the Court of Appeal, following the different outcomes in the Gottlieb and Wylde cases.’ In the recent case of …
Continue reading "Judicial Review: Standing tall"
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Corinne Iten considers when judicial review may be a potential remedy in family proceedings, and the restricted powers of the court even where an application is successful ‘The function of the High Court on judicial review is to scrutinise the legality of the decisions, acts or omissions of the local authority (or, indeed, any other …
Continue reading "Judicial Review: Limited options"
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Wills & Trusts Law Reports | January/February 2017 #166The claimant sustained head injuries in a traffic accident in 1984. By 2004, he had been detained under the Mental Health Act 1983 (the 1983 Act), and while in hospital, his responsible medical officer under s34 of the 1983 Act completed a supervision application under s25A in respect of him. This explained that after-care under supervision was necessary for the claimant. It provided for the claimant’s attendance at an outpatient clinic, and cooperation with a care plan, but did not include the details of after-care services.
The ...
Claire Kennedy and Emily Carter look behind the government proposals for reform of judicial review ‘Despite the deep concerns expressed by those who responded to the government’s consultations and the strong opposition of the House of Lords to key proposals, the gateway to access the courts has now become narrower.’ Judicial review is the essential …
Continue reading "Judicial Review: Injudicious review"
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Christopher Stanwell and Tim Stansfeld provide an overview of the current position and the proposed reforms, with a more detailed look at some of the significant proposals ‘The proposed “leapfrog” reforms will be welcomed by challengers, developers and local authorities alike, and could be one of the key proposals capable of actually improving the timescales …
Continue reading "Judicial Review: Further reforms and the Chamber of Planning"
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Anna Condliffe considers the implications of Unison v NHS Wiltshire Primary Care Trust Civil Procedure Rule 54.5 provides that the claim form in judicial review must be filed promptly and, in any event, not later than three months after the grounds to make the claim first arose.The High Court has rejected an application by the …
Continue reading "Judicial Review: An apple a day"
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Wills & Trusts Law Reports | March 2012 #117The first appellants were property developers who were resident in the UK until 2001 when, with the benefit of professional advice designed to bring about a cessation of their ordinary residence here, they moved to Belgium to take up employment with a Belgian company of which they had become directors and shareholders. They claimed to rely on the general guidance published by the Revenue entitled ‘Residents and non-residents – Liability to tax in the United Kingdom’, known as IR20. Later that year they realised chargeable gains in respect of which they were liable to capital gains tax un...
