In R ( McCourt) v Parole Board (2020) EWHC 2320 a Divisional Court approve, at para 31, as an accurate high-level summary of the law a passage in Auburn, Moffett & Sharland on Judicial Review, including that the Courts have adopted an increasIngly liberal approach to both individuals and groups bringing judicial review claims. The applicant does not have to claim to be more affected by the decision than anyone else : para 32. Whether an applicant has a sufficient interest to provide standing to bring judicial review proceedings depends on what the rule of law requires in the particular context of the decision under challenge: paras 41-43. A suitably expert organisation may be better placed to present arguments about the impact of policy on an affected class as a whole, rather than an individual in particular: para 43.
Standing for Judicial Review
September 4th, 2020 by James Goudie KC in Judicial Control, Liability and Litigation
Out of Date Policies
September 4th, 2020 by James Goudie KC in Planning and EnvironmentalA Policy is not out of date simply because it is in a time expired development plan. Whether a Policy is out of date, and, if so, with what consequences, is a matter of planning judgment. So held in Peel Investments v SoS and Salford City Council (2020) EWCA Civ 1175.
Similar Fact Evidence
August 19th, 2020 by James Goudie KC in Judicial Control, Liability and LitigationIn R v P (2020) ECCA 1088 the Court of Appeal considered similar fact evidence in family cases and held that : –
PSED
August 11th, 2020 by James Goudie KC in Human Rights and Public Sector Equality DutyIn R ( Bridges) v South Wales Police (2020) EWCA Civ 1058 the Court of Appeal said at para 176 that, albeit the PSED is a process duty, not an outcome duty, that does not diminish its importance. The Court observed that public law is often concerned with the process by which a decision is taken, for two reasons : (1) good processes are more likely to lead to better informed, and therefore better, decisions; (2) whatever the outcome, good processes help to make public authorities accountable to the public.
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Consultation
August 11th, 2020 by James Goudie KC in Decision making and ContractsIn R ( Article 39 ) v SoS for Education (2020) EWHC 2184 ( Admin) Lieven J held that the Adoption and Children ( Coronavirus ) Regulations 2020, relaxing regulatory safeguards for looked after children, were lawful, notwithstanding that the Children’s Commissioner had not been consulted. This was for two interrelated reasons : (1) extreme urgency in a crisis; (2) the interests of children being taken into consideration through consultation with providers of care to the children : paras 81/82.
Legitimate Expectation
August 10th, 2020 by James Goudie KC in Decision making and ContractsA promise or representation sufficient to give rise to a substantive legitimate expectation will generally be a “ specific undertaking directed at a particular individual or group “, rather than to a large or diverse group. So held by a Divisional Court in R ( Asbestos Victims) v Lord Chancellor (2020) EWHC 2108 ( Admin) at paras 55-61.
Rating List
August 5th, 2020 by James Goudie KC in Council Tax and RatesAn alteration to the rating list which consists of the deletion of an hereditament can be made for a temporary period ending when the circumstances which justify the deletion cease to exist. It cannot however be restored with a different rateable value that is not within the scope of the ratepayer’s deletion proposal. So held in Sykes v Great Bear Distribution Ltd (2020) UKUT 238 (LC ).
Judicial Review
August 4th, 2020 by James Goudie KC in Judicial Control, Liability and LitigationIn R ( Packham ) v SoS for Transport (2020) EWCA Civ 1004 a Judicial Review challenge by an environmental campaigner of the continuation of the construction of HS2 failed. The claim had been issued promptly, but a decision whether to proceed with such a project project is a matter of political judgment on a matter of national economic policy for which the SoS is accountable to Parliament. There would be only low intensity review by the Courts, with a broad margin of discretion for the SoS. The Government had not erred in its approach to environmental effects and the Paris Agreement on Climate Change.
Another judicial review challenge to HS2 works succeeded in R ( Hillingdon LBC) v SoS for Transport (2020) EWCA Civ 1005 on planning grounds.