//
you're reading...
Monthly updates, UKAJI, What's new

UKAJI January 2021 round-up

Here is UKAJI’s summary of important administrative justice related news, events, cases, and publications for January 2021. If you have anything to add to this round-up or any future round-ups, please contact Lee Marsons on lm17598@essex.ac.uk.

Publications:

Reports, consultations, and policy papers:

Cases of interest:

  • Aviva Insurance v Secretary of State for Work and Pensions [2020] EWHC 30 (Admin), related to the relief available to the claimants following a successful claim via Article 1 Protocol 1 of the European Convention on Human Rights that s.22 of the Social Security (Recovery of Benefits) Act 1977 violated the company’s rights under the Human Rights Act 1998. Especially useful is a discussion between [18] and [37] of the obligations under s.3 HRA. The original substantive judgment, handed down in November 2020, is available here.
  • R (Democracy Newham) v London Borough of Newham [2021] EWHC 150 (Admin), a judicial review against a decision of Newham which declared a petition seeking a referendum about a change of governance to the council invalid. The referendum is sought pursuant to The Local Authorities (Referendums) (Petitions) (England) Regulations 2011.
  • R (Fraser) v Shropshire Council [2021] EWHC 31 (Admin), a judicial review related to the granting of planning permissions by the defendant local authority.
  • R (Gifford-Hull) v Parole Board [2021] EWHC 128 (Admin), a judicial review related to the Parole Board’s decision not to disclose to the claimant prisoner a full version of a statement provided by a victim and related to the Board’s assessment of the claimant’s risk to the public.
  • R (Glatter) v NHS Hertfordshire Valleys Clinical Commissioning Group [2021] EWHC 12 (Admin), a judicial review related to the duty to consult in relation to an NHS reorganisation in Hertfordshire, supposedly under the National Health Service Act 2006.
  • Havant Biogas v Gas and Electricity Markets Authority [2021] EWHC 84 (Admin), a judicial review against the regulator’s decision to refuse permission for the claimant company to participate in an energy subsidy scheme.
  • R (HJ) v London Borough of Croydon [2021] EWHC 66 (Admin), a judicial review related to a victim of human trafficking and the obligations of local authorities under the Children Act 1989.
  • R (Hewson) v Bar Standards Board [2021] EWHC 28 (Admin), a case related to the appropriate professional sanction against a member of the Bar where the barrister was soon to pass away with a terminal illness.
  • R (Ladkin) v Independent Office for Police Conduct [2021] EWHC 122 (Admin), a judicial review related to a decision of the defendant public body that police officers involved in a fatal car crash were not guilty of professional misconduct.
  • R (Mendes) v Secretary of State for Home Department [2021] EWHC 115 (Admin), a judicial review seeking the return of the claimant who had been deported from the UK to Portugal on the basis that his deportation was unlawful.
  • Privacy International v Investigatory Powers Tribunal [2021] EWHC 27 (Admin), on the interpretation of s.5 of the Intelligence Services Act 1994 and the supposed power to issue ‘general warrants’.
  • R (RS) v Secretary of State for Home Department [2021] EWHC 54 (Admin), a judicial review related to the detention of the claimant pending deportation following convictions for serious drugs offences.
  • R (Salvato) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin), a judicial review related to the childcare costs element (CCE) of Universal Credit.
  • R (Singh) v Secretary of State for Home Department [2021] EWHC 158 (Admin), a judicial review related to the legality of the claimant’s immigration detention under Hardial Singh principles.
  • R (United Trade Action Group) v Mayor of London [2021] EWHC 72 (Admin), a judicial review related to traffic regulation imposed by the Mayor of London in response to the coronavirus pandemic.
  • R (Wild Justice) v Natural Resources Wales [2021] EWHC 35 (Admin), a judicial review related to the lawfulness of licences issued by the defendant public body granting permission to kill carrion crows in Wales.
  • R (ClientEarth) v Secretary of State for Business [2021] EWCA Civ 43, a judicial review related to the proper interpretation of the Overarching National Policy Statement for Energy (“EN-1”) and the National Policy Statement for Fossil Fuel Electricity Generating Infrastructure (“EN-2”).
  • R (FA) v Secretary of State for Home Department [2021] EWCA Civ 59, a judicial review related to the so-called ‘domestic violence concession’ in Immigration Rules.
  • R (Lowe) v Secretary of State for Home Department [2021] EWCA Civ 62, a statutory appeal related to Article 8 of the Human Rights Act 1998 and the refusal of the Upper Tribunal to find in favour of the claimant’s human rights claim to avoid deportation.
  • R (Monkhill) v Ministry of Housing [2021] EWCA Civ 74, a case related to the National Planning Policy Framework and its protection of Areas of Outstanding National Beauty (AONB).
  • R (M) v Chief Constable of Sussex Police [2021] EWCA Civ 42, a case related to whether an anonymity order granted when the claimant was a child criminal defendant should continue post her eighteenth birthday.
  • R (Rees) v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, an assessment of damages for malicious prosecution and misfeasance in a public office.
  • R (FWF) v Secretary of State for Home Department [2021] EWCA Civ 88, a case examining the interrelationship between Article 8 ECHR, the EU Charter of Fundamental Rights, and the so-called Dublin III Regulations (Regulation 604/2013).
  • R (NF) v Secretary of State for Home Department [2021] EWCA Civ 17, a statutory appeal against the decision of the Upper Tribunal to refuse permission to appeal against a decision of the First-tier Tribunal.
  • Z, M, S and R v University Hospitals Plymouth NHS Trust [2021] EWCA Civ 22, a family appeal against a decision of the Court of Protection to withdraw life-sustaining treatment from a man in a permanent vegetative state.
  • R (Taj) v Secretary of State for Home Department [2021] EWCA Civ 19, a judicial review related to the application of common law principles of fairness to the points-based system on whether a person should be granted leave to remain in the UK as a tier 1 entrepreneur migrant.

Ombuds and administrative agencies:

  • Public Services Ombudsman for Wales launched its first own initiative investigation into the provision of homelessness services by a number of local authorities in Wales.
  • Public Services Ombudsman for Wales determined that Abertawe Bro Morgannwg University Health Board failed to provide adequate end-of-life care and service to a cancer patient who subsequently died.
  • Scottish Public Services Ombudsman laid its findings its 34 cases before the Scottish Parliament.
  • Scottish Independent National Whistleblowing Officer has developed a series of training courses on its National Whistleblowing Standards to go live in April 2021.
  • Housing Ombudsman determined that a social housing provider, Orbit, had committed severe maladministration through failing to ensure adequate heating and water systems.
  • Mariette Hughes was appointed the Service Complaints Ombudsman for the Armed Forces.
  • Office of the Information Commissioner launched the fourth phase of its privacy innovation grants programme.
  • Information Commissioner released a blog about strengthening global data protection standards here.
  • The period of appointment of the Information Commissioner was extended to October 2021 in response to the coronavirus pandemic.
  • Information Commissioner released a blog on the data protection aspects of the UK-EU trade agreement here.
  • Competition and Markets Authority proposed new guidance on merger and market remedies related to reporting, investigation, and enforcement of potential breaches of competition law, available here.
  • Competition and Markets Authority issued a warning to a number of firms alleging involved in price-fixing related to the provision of services to disabled students, available here.
  • Network Rail and the Equality and Human Rights Commission signed an agreement following Network Rail’s failure to adjust its services to suit the needs of disabled users during a refurbishment.
  • Lord Herbert was appointed Chair of the College of Policing.

Parliamentary affairs:

Devolved affairs:

Discussion

2 thoughts on “UKAJI January 2021 round-up

  1. Brilliant round up, Lee, as usual. Thanks.
    Varda

    Posted by Varda | February 3, 2021, 12:10 pm

Leave a Reply to lgtmarsons Cancel reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: