Private parts.

Macleod, R (on the application of) v The Governors of the Peabody Trust [2016] EWHC 737 (Admin) Ever since R (Weaver) v London and Quadrant Housing Trust [2010] 1 WLR 363 (our report) there has been an ongoing issue as to whether housing associations (or specific housing associations) were public bodies both for the purposes of […]

When to call it a day…

Gitere, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 3336 (Admin) The risks of a client deciding to go it alone at the last stage of judicial review proceedings. Mr G is an asylum seeker, awaiting the outcome of his application in 2012. He had been dispersed to […]

Mystery Pre Action Protocols

There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The Pre-Action Protocol for Possession Claims by Social Landlords The Pre-Action Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential […]

Regulations and damn regulations.

Two quite different sets of secondary legislation. First: there is a new prescribed form for section 6(2), section 8 and section 13(2) notices for assured (including shorthold) tenancies from 6 April 2015. The regulations are here and the prescribed forms are in the schedules.  Section 6(2) is terms for a periodic tenancy. Section 8, of […]

The judicial review of regulations on funding judicial review

Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I […]

Not a Good Idea

One to be filed under ‘Do not do this, ever’. R (Grimshaw) v LB Southwark [2013] EWHC 4504 (Admin) [Not on Bailii, I’ve seen a transcript] This started out well enough, as a judicial review claim of Southwark’s decision to terminate temporary accommodation. Soon after issue and interim relief had been granted, Southwark entered into […]

Imported words.

The Greeks have a word for it, and if they don’t the Germans can probably knock one together. On the menu for today are hubris, nemesis, Schadenfreude and harmatia. Harmatia Our friends ‘Charles Henry’, the not-solicitors, appear to be determined to destroy the operation of civil law in its entirety through their own inadequacies. Leaving aside, […]

The Lord Chancellor must resign

Don’t post in anger, I resolved many years ago. Wait for calm and let any fury in the writing be calculated, I thought. It was, and is, a wise rule. But today I am prepared to make an exception. Today was the day a Lord Chancellor made a public announcement that people who were or […]

Benefit Cap Judicial Review underway

A four party judicial review of the Benefit Cap – now under pilot in 4 boroughs and to be rolled out in October – was issued today (Wednesday 22 May). Details are here. The claimants argue that the Regulations are discriminatory and unreasonable.  They also argue that the Secretary of State did not take proper […]

Consultations, bills and mysterious advisors

A bit of a miscellany, with Government skullduggery and posturing galore. First up, Grayling’s MoJ has announced a consultation into revising the rules on Judicial Review. Broadly, he is against it. Responses are due by 24 January 2013, so a busy holiday for the rest of us. Given the dubious inferences drawn from inadequate statistics, […]