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We outline the key principles and procedural requirements with a clear focus on the public sector perspective. The content focusses primarily on judicial review in the Administrative Court in England and Wales.

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Failure to stick to procedures can have significant legal, financial and practical consequences for a contracting authority. We guide you through various processes, focussing on the Public Contracts Regulations 2015.

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Associated legal terms

Incarceration

Incarceration refers in practice to the detention of an individual in prison or another place of lawful custody following arrest, conviction or sentence. It describes the state of being deprived of liberty under the authority of criminal law, immigration law or, more rarely, civil powers (for example, committal for contempt of court).

Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent and usually governed by specific statutory frameworks (such as prison, criminal justice and immigration legislation), rather than by a single statutory definition of “incarceration” itself.

In criminal practice, incarceration most commonly arises as a custodial sentence, including life imprisonment, extended sentences and detention in a young offender institution. It is central to sentencing decisions, parole and early release, remand in custody, and challenges by way of judicial review, habeas corpus or human rights claims (particularly under Article 5 ECHR and equivalent constitutional provisions in Ireland).

The legality of incarceration depends on compliance with due process, valid court orders, statutory powers and prison rules. Unlawful incarceration may give rise to claims for false imprisonment, damages and declaratory or injunctive relief.

Judicial administration

Judicial administration refers to the systems, processes and organisational arrangements through which courts and judges manage the business of justice, rather than the substance of individual cases. It covers case allocation and listing, court timetabling, management of judicial workloads, deployment of judges, support for judicial decision-making, and the provision and governance of court staff and resources.

In the UK and Ireland it is generally a descriptive term rather than a defined statutory concept, though specific aspects (for example, case management powers, court rules, and the roles of heads of division or presidents of courts) are set out in legislation, procedural rules and practice directions.

Across England and Wales, Scotland, Northern Ireland and Ireland, judicial administration usually denotes the separation of functions between the independent judiciary and court service bodies (such as HM Courts & Tribunals Service or the Courts Service of Ireland), and the role of senior judges in overseeing the efficient and fair operation of the courts. It is significant for issues such as access to justice, delay, judicial independence, allocation of judicial resources, and the interface between the judiciary, the executive and court users.

Vienna convention on the law of treaties

The Vienna Convention on the Law of Treaties (VCLT) is the core international instrument that sets out how treaties are made, interpreted, applied, amended and terminated. It codifies customary international law on treaties and is routinely used by UK and Irish courts, governments and practitioners when dealing with public international law issues.

Key provisions include rules on treaty formation and consent to be bound; interpretation (Articles 31–33); reservations; invalidity (for example, error, fraud, corruption, coercion); and grounds for suspension or termination, including material breach and supervening impossibility. These rules underpin advice on treaty drafting, state responsibility and disputes before international courts and tribunals.

The UK and Ireland are parties to the VCLT and treat many of its rules as reflecting customary international law. While not directly incorporated as a whole into domestic legislation, its interpretative principles are regularly cited in case law across England and Wales, Scotland, Northern Ireland and Ireland. Usage and legal effect are broadly consistent across these jurisdictions, particularly in foreign relations law, extradition, investment treaties, and human rights instruments such as the European Convention on Human Rights.
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