This paper provides an overview and analysis of the costs in the First-Tier and Upper Tribunals and their implications.
4 Jun 2013
This paper provides a brief introduction to the history and structure of tribunals in England and Wales and consideration of practical questions , such as: How are tribunals different from higher courts? What features are shared and what features differ , in practice? Where tribunals fit in the context of other public law remedies , and what public law issues apply across tribunal chambers?
Transfer of judicial to the Upper Tribunal in immigration cases is currently limited by statute but , since late 2011 , all ‘fresh claim’ judicial reviews have been transferred to the UT , and many judicial reviews of social services’ age assessments are also transferred there. This paper looks at the procedure and practical implications of judicial reviews being considered in the Upper Tribunal (IAC) regarding age assessments.
The Government of Wales Act 2006 represents a landmark in Welsh history: formally separating the executive from the legislature in Wales , and providing a host of new powers for Welsh ministers and now , since the 2011 referendum , bringing broad primary legislative power to Wales for the first time in over 500 years.
11 Apr 2013
An analysis of the important developments in human rights law , from the UK and Strasbourg courts over the last year.
This paper takes a practical look at the procedures for consenting new infrastructure in Wales , through the Planning Act 2008 and the Hybrid Bill procedure , and consider the potential areas for challenge (including consultation , strategic environmental assessment and habitats issues) for those opposed to such infrastructure. Through recent case studies , the paper examines the tactics and procedure for such challenges.
8 Apr 2013
This paper reviews the most important cases of the past year , and considers their impact on case law and implications for future appellants.Review of the most important cases of the past year , consideration of their impact on case law and implications for future appellants.
6 Apr 2013
The Localism Act is intended to give ‘new freedom and flexibility’ to local government , increase the power of communities and individuals , and to reform the planning and housing systems to enable decisions to be taken at a local level. Is this the unfettering of local government from central control , or the end of accountability?
15 Oct 2012
What is the difference between policy and law? When is policy law and when is it not law? When does it have to be published? Who decides what it means? How is it enforced? By what standards is compliance with policy measured?
Issues and central principles arising out of both cases , including the assessment duty , the positive obligations owed to disabled people under Article 8 ECHR , the use of the Resource Allocation Schemes to calculate ‘indicative budgets’ , and the duty to meet assessed needs where ‘necessary’. The barristers , who between them acted for the claimants in both cases , discuss how the central principles of the cases can and should be applied in future challenges to community care decisions.
An update on Judicial Review in the Upper Tribunal (Immigration and Asylum Chamber) including a consideration of recent approaches to age assessments and fresh claims and proposals for all immigration judicial reviews to be transferred to the Upper Tribunal.
This is an address to PLP’s Trends and Forecasts conference 2012. Mike considers three levels of attainment in JR innovation , Bronze , Silver and Gold , in an extended metaphor with Olympic diving competitions its starting point. How far will you climb the ladder to succeed , and how elegantly will you dive and split the water?