Judicial Review: Refusal of Relief

September 10th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

In Gathercole v Suffolk County Council (2020) EWCA Civ 1179 relief was refused where planning permission, for a new village primary school near an airfield, had been granted without compliance with the public sector equality duty, in respect of the effect of aircraft noise on children with protected characteristics, but it was highly likely that the planning decision would have been the same if there had been compliance. The environmental statement in respect of alternative sites, was adequate, but even if it had not been that would not have had any substantive effect on the planning decision.

 

Litigation

September 8th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

In TBD v Simons (2020) EWCA Civ 1182 the appeals raised important issues as to (1) the interpretation of search orders, (2) the granting of permission to bring committal proceedings, and (3) litigation privilege. On search orders, see paras 127-175, imaging orders, paras 176-193, applications for permission to bring committal proceedings, paras 230-234, and litigation privilege, including waiver and the iniquity exception, from para 254.
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Standing for Judicial Review

September 4th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

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.

 

Similar Fact Evidence

August 19th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

In R v P (2020) ECCA 1088 the Court of Appeal considered similar fact evidence in family cases and held that : –

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Judicial Review

August 4th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

In 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.

 

Judicial Review

July 9th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

 

From time to time the basic position in relation to Judicial Review requires to be restated. R (Dolan) v SoS (2020) EWHC 1786 (Admin), was such an occasion. This was a challenge to Coronavirus Restrictions Regulations pursuant to the Public Health ( Control of Diseases) Act 1984.

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Disclosure

July 7th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

In R (Charles) v SoS for FCO (2020) EWHC 1620 (Admin) a Divisional Court restated that in Judicial Review proceedings (1) standard disclosure is not automatic, (2) the right of inspection of documents referred to in a witness statement is not applicable, (3) a confirmation by a party that it has disclosed all relevant documents is conclusive unless there are grounds for supposing it to be mistaken, and (4) disclosure is of what is necessary for the just and fair determination of the issues.

Judicial review is not like other civil litigation as regards disclosure : para 20. However, there is a “duty of candour” on the parties : para 21.

 

Judicial Review

June 17th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

“ Rolling” JR may be appropriate in some cases. JR does not relate exclusively to specific decisions with specific dates. It may also relate to continuing conduct, when there is a “ moving picture”, as in the adult social care case of R (Raja) v Redbridge LBC (2020) EWHC 1456 ( Admin).

 

 

Interim Injunctions

May 12th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

A School’s appeal against the refusal of an interim injunction was dismissed in R ( Governing  Body of X ) v OFSTED (2020) EWCA Civ 594. The injunction sought was to restrain OFSTED from publishing a Report. The Report graded the School as inadequate. The Court of Appeal addressed the approach to interim injunctions in public law proceedings.

 

Disclosure

May 6th, 2020 by James Goudie QC in Judicial Control, Liability and Litigation

It is fundamental to disclosure obligations in litigation that it must not be the client who makes the selection of which documents are relevant and disclosable. That is the responsibility of the solicitor.

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