ADMINISTRATIVE LAW

[2019] EWHC 1397 (Admin) [2019] EWHC 1397 (Admin)

The correct construction of the words “the pregnancy has not exceeded its twenty-fourth week” in the Abortion Act 1967 s.1(1)(a) was that a woman would have exceeded her 24th week of pregnancy from midnight on the expiration of her 24th week.

[2019] EWCA Civ 874 [2019] EWCA Civ 874

The Court of Appeal refused permission to appeal against a refusal of permission to apply for judicial review; by reason of the Senior Courts Act 1981 s.18(1) it had no jurisdiction to entertain the proposed appeal because the decision under challenge was in a criminal cause or matter. The court made general observations with regard to appeals from judgments in criminal causes or matters.

[2019] NICA 12 [2019] NICA 12

The maintenance of public confidence was not a discrete, free-standing element of the investigative obligation imposed on state authorities by ECHR art.2. In cases concerning possible police misconduct, there was no duty to suspend the suspected officer; Member States had a margin of appreciation in that respect.

[2019] EWHC 394 (Admin) [2019] EWHC 394 (Admin)

When dismissing an application for judicial review of a refusal to discharge an extradition order following delay in removal caused by administrative errors, the court considered the meaning of “reasonable cause” in the Extradition Act 2003 s.36(8) and the impact of decisions of the Court of Justice of the European Union and the Supreme Court of Ireland.

The Divisional Court hearing a claimant’s judicial review application reconstituted itself as the Criminal Division of the Court of Appeal before quashing a victim surcharge order that had been unlawfully made against him in civil contempt proceedings.