JUDICIAL REVIEW

[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] EWHC 514 (Admin) [2019] EWHC 514 (Admin)

A magistrates’ court’s decision to fix a trial date at which the prosecution expert could attend but the defence expert, whose report had been served in good time, could not was unfair. It was an exceptional case where the High Court should intervene at the pre-trial stage.

[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.

[2018] EWHC 3122 (Admin) [2018] EWHC 3122 (Admin)

A slaughterhouse had been under a strict obligation to sever a chicken’s main arteries systematically and a concomitant strict obligation to spare the bird avoidable pain under Regulation 1099/2009 art.3(1) and art.15(1), as enforced in the UK under the Welfare of Animals at the Time of Killing (England) Regulations 2015 reg.30(1)(g). Social concern regarding animal welfare meant that it was appropriate to displace the presumption that proof of mens rea was required.

[2018] EWHC 2250 (Admin) [2018] EWHC 2250 (Admin)

A final offer made by the Legal Aid Agency in respect of counsel’s fees in a “Very High Cost (Crime) Case” had a sufficient public-law element to make it amenable to judicial review. The offer in the instant case was unlawful because, among other things, the Legal Aid Agency had failed to disclose its method of calculating the fees offered.