29 August 2017
The Coroner’s decision is (almost always) final: the Court’s approach to judicial review of inquest proceedings
The recent decision of Mr Justice Holroyde in R oao Donald Maguire and ors v The Assistant Coroner for West Yorkshire (Eastern Area) [2017] EWHC 2039 provides a salutary reminder of just how difficult it is successfully to judicially review the ‘case management’ decisions of a coroner – in this case a decision as to which witnesses to call at an inquest – and of the costs risks of bringing such a challenge.
7 August 2017
The special constitutional importance of judicial review may demand a distinctive approach to the recovery of litigation costs, but will the latest recommendations be taken forward?
Lord Justice Jackson’s ‘Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs’ was published at the end of July. Recognising that an effectively functioning system of judicial review is central to the rule of law, the Supplemental Report makes recommendations that may increase access to this important specialist area of litigation. Past proposals have, however, been left unimplemented.
22 May 2017
Legal update: court is left unconvinced by ‘Purdah’ argument in judicial review proceedings
R (on the application of ClientEarth) v Secretary of State for Environment, Food and Rural Affairs [2017] EWHC B12 (Admin)
24 April 2017
When can the High Court quash a police force’s crime-recording decision?
That in summary was the question for the High Court in R (on the application of Pitts) v Commissioner of Police for the Metropolis [2017] EWHC 646 (Admin) (see here for the judgment). The Court held that a decision by a police force to record a crime could only be successfully challenged if it was shown to be (in public law terms) unreasonable or irrational. This is a significant threshold to cross. The court will ordinarily afford the relevant police force deference in its decision-making processes in such matters. Claimants should note this and would be advised to proceed cautiously before bringing claims for judicial review against a police force in respect of crime-recording decisions.
20 April 2017
More to do on cyber-security: half of UK businesses suffer cyber-security breach
On 19 April 2017, the Government published its Cyber Security Breaches Survey (see here). This measures how well UK businesses approach cyber-security, and the level, nature, and impact of cyber-attacks on businesses.
