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.
PLP documents on the MOJ consultation ‘Judicial Review: proposals for reform’.
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?
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?
This paper discusses the impact of regionalisation on Judicial Review.
This paper provides an overview of recent challenges to the Upper Tribunal decisions and the weight to be given to the decisions of specialist tribunals.
This presentation provides an update on the application of Judicial Review principles to the regulators across a range of commercial sectors , how the Courts tend to approach the different grounds for Judicial Review in this context , including a number of recent cases.
What does the future hold? Will judicial review continue to expand and innovate? What dramatic new steps will future generations look back on? What cutting-edge issues should practitioners be looking out for?
A round-up of the important cases and decisions from the last twelve months.