Previous items from Latest Law news

Here is the October 27 judgment in respect of the in Northern Ireland
As published on LinkedIn this eve 'Everyone's speculating as to whether this Bill will be subject to legal challenge.
My modest offering concerns the 'doctrine of legitimate expectation'
Might it be possible for a credible stakeholder - somebody like Amnesty International maybe - to argue that before the Bill was introduced - Ministers should have consulted informed experts as to whether Rwanda is indeed as safe as the Bill asserts?
A couple of years ago - one of many successful precedents (one of the Article 39 cases) ruled that the Government could not by-pass consulting the Children's Commissioner over important changes to adoption and other regulations. Now this, of course will be Primary legislation, but we need an authoritative ruling as to when pre-legislative consultation is required and when it isn't. Right now it is at the whim of Ministers. We need a better system that reinforces our representative democracy with mandatory consultation for new laws not previously given a mandate through an Election Manifesto.'
29 November. I've published a case - which illustrates the Courts role in balancing the rights of winners/losers in difficult behaviour change matters.
20 November. The Environment Agency may shortly need to mount much better and more meaningful consultations on river basin management as a result of a successful judicial review, summarised . Expect a commentary from Consultation GuRU shortly.
28th October. Just been reading an important case from Northern Ireland. Badger-culling is emotive and highly contested. No wonder that a lack of transparency has led to the cn being declared unlaewful.
14th Sept. Specialist lawyerrs Leigh Day has announced that its client, Feedback is proceeding with a claim that DEFRA acted unlwfully in rejecting arguing that it has not responded properly to the 2022 consultation on the subject.
30 July. I've been studying the ULEZ judgment handed down by Mr Justice Swift on Friday. The 5 Councils challenging Sadiq Khan's plans had a weaker case than I expected and no real surprise they lost. However, as is often the case, some interesting insight on the roie of the 2022 Consultation and the standards that applied to it. See Monday's
11 July The Court of Appeal (the Everleigh case) has overturned the Binder judgment of two years ago. This was the case that declared the Government's disability strategy unlawful because the survey it had organised had failed to meet the Gunning Principles. Unlike the Judge at first instance, the Court of Appeal did not regard the exercise as a 'consultation' Rhion's analysis coming soon
28 June: The Court of Appeal today hears the Government case to overturn an important judgment in the 2022 case of when the National Disability Strategy was decalared unlawful because of a consultation that wasn't properly consulted upon. Watching this!
23 June: Judgment has been handed down in an important legal challenge - . This seems to suggest that changes to the relevant Guidance on financial support for victims of modern slavery were unlawful on the grounds of inadequate consultation. Rhion preparing a commentary.
20 June: The in Plymouth continues. STRAW (Save the Trees Armada Way) continues to pursue a judicial review alleging failure to consult, even though the Council recently changed hands and is now under Labour control. The new Council leader is considering a revised scheme but so far has failed to persuade STRAW to drop the case.
19 June: There is an interesting angle to Liberty’s legal challenge to the Home Secretary’s attempt to extend police powers to restrict public protest through Regulations. The 4^th ground of the alleges that Suella Braverman “consulted a narrow group of stakeholders which she knew would support the principle of her legislative amendments. She did not go on to consult any group which might reasonably be concerned by the proposal to expand the powers of the police to restrict protest activity.”
11 July The Court of Appeal (the Everleigh case) has overturned the Binder judgment of two years ago. This was the case that declared the Government's disability strategy unlawful because the survey it had organised had failed to meet the Gunning Principles. Unlike the Judge at first instance, the Court of Appeal did not regard the exercise as a 'consultation' Rhion's analysis coming soon!
10th May. Six Libraries and a swimming pool threatened with closure at Aberdeen may face a judicial review - in part because of claims that consultation was insufficient. Anyone wiho recalls the McHattie case in Ayrshire will realise you cannot always be sure that Scottish Councils do the right thing re consultation
3rd May: The campaign group, Access for Autism claims that the Bristol, N Somerset & S Gloucestershire ICB have backed down on major changes to its services which, it claimed had not been consulted upon properly.
3rd May: The campaign group, Access for Autism claims that the have backed down on major changes to its services which, it claimed had not been consulted upon properly.
3rd May: At the hearing on a Judicial Review brought by Trades Unions against the Government's 2022 Regulations re temporary cover for industrial disputes, one of he arguments is that there should have been a consultation. The Government says there was. In 2015!
30th April Whilst Braintree Council prepares appeal against the High Court's rejection of an injunction to stop asylum seekers coming to an Essex Airfield, another lergal challenge surfaces in the name of Gabriel Clarke Holland - who is claiming that there should have been a planning consultation.
18th April: There has been a decision on the Care Act appeals case; ; interesting because it challenges the Government for having shelved plans to produce Guidance on appeals against Local authority decisions. Ministers won, but there will be important learning points.
The long-awaited High Court hearing in the London looks like being in early July. However a JR has only been allowed for 2 of the 5 grounds and this does not include the allegation that the consultation was predetermined
Devon County Council has halted consultations on plans to cut services for disabled people, after being served a letter before claim by the Exeter and District Mencap Society