15 November 2022
No time to waste in safeguarding children online
As the government tweaks the Online Safety Bill, Emily carter highlights the importance of making progress in the New Law Journal.
14 October 2022
Case note – the time limit for bringing a judicial review claim: Arnold White Estates Limited v The Forestry Commission [2022] EWCA Civ 1304
CPR 54.5 provides that judicial review proceedings must be started “promptly” and “in any event not later than 3 months after the grounds to make the claim first arose”. Delay in bringing a claim can be a basis upon which permission to proceed with a claim can be refused or on which, even if permission has been granted, relief can be refused. It is therefore of great importance to claimants to ensure that claims are issued in time. The Court of Appeal has recently considered – and firmly rejected – a claimant’s attempt to ‘manufacture’ a new decision of a public body (i.e. create new “grounds to make the claim”) as a way of setting a new limitation period and so avoiding being out of time to bring a claim.
7 October 2022
How to get your voice heard in the Covid-19 inquiry
The first preliminary hearing for module 1 of the Covid-19 Inquiry on 4th October is a powerful reminder that it is more vital than ever that those who may be called to participate (or who have valuable perspectives to contribute) are prepared for what lies ahead.
26 July 2022
Case Note – Judicial Review of Covid-19 care home policy: Gardner & Harris v Secretary of State for Health and Social Care & Ors [2022] EWHC 967 (Admin)
After over two long years of life under the shadow of the Covid-19 pandemic, we can circle back and
reflect on our colleague, Sophie Kemp’s predictions in relation to ‘the future public inquiry into
Covid-19’ in the light of the High Court judgment Gardner & Harris v Secretary of State for Health
and Social Care & Ors [2022] EWHC 967 (Admin).
21 July 2022
Case note – CPR Part 18 Requests for Further Information in judicial review proceedings: R (KBL) v Secretary of State for the Home Department and ors [2022] EWHC 1545 (Admin) and R (JZ) V Secretary of State for the Home Department and ors [2022] EWHC 1708
CPR Part 18 gives power to the court to order a party to proceedings to provide further
information, where this is necessary to resolve disputes. Applications for orders under
CPR18 are very rare in judicial review cases but two recent decisions of the Administrative
Court illustrate the kind of circumstances in which orders will be made; and also, strikingly,
that an order can be made at the conclusion of a substantive hearing.