Environmental disputes and proceedings

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Environmental disputes and proceedings guidance:

Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building [name] [District] [Borough] [City] Council ABATEMENT NOTICE made under section...

Precedents

Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just and appropriate to do...

Practice Note

Although it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the decision-making process employed by a public body, the...

Practice Note

The two most common methods available to challenge a planning decision are judicial review and statutory review. See Practice Notes: Scope of judicial review in planning...

Practice Note

Development of the rules CIMAR is the acronym for the Construction Industry Model Arbitration Rules, published by the Society of Construction Arbitrators (SCA) and the...

Practice Note

ARCHIVED: This Practice Note is archived and for historical purposes only. CPR provisions As part of the Jackson Reforms the courts are required to undertake not only...

Practice Note

General rule on costs The general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the event. However, pre-emptive cost orders...

Practice Note

A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other than the claimant...

Practice Note

Liability The leading case on damage to property caused by encroaching tree roots is Delaware, in which the House of Lords stated that liability is to be determined by...

Practice Note

Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty of candour rather...

Practice Note

ARCHIVED: This Practice Note is archived and is for historical purposes only. The underlying legislation dealing with the changes to the funding arrangements are set out...

Practice Note

ARCHIVED: This Practice Note has been archived and is for historical purposes only. CPR provisions The provisions relating to general rules about costs will continue to...

Practice Note

ARCHIVED: This Practice Note explains the changes to the Civil Procedure Rules (CPR) by the Civil Procedure (Amendment) Rules 2013, SI 2013/262 in respect of...

Practice Note

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further guidance, see Practice...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages in a judicial review...

Practice Note

In Scotland, an application for Judicial Review must be brought, in the prescribed form, in the Court of Session. The Courts Reform (Scotland) Act 2014 (CR(S)A 2014)...

Practice Note

The 'sufficient interest' test The court must not grant permission to apply for judicial review unless the applicant has a 'sufficient interest' (ie standing) in the...

Practice Note

When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of addressing the issues...

Practice Note

What is Judicial Review? Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. This...

Practice Note

Background to judicial review in Scotland Judicial review represents the means by which the courts control the exercise of governmental power. Judicial review has...

Practice Note

Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes: • noise in the street from vehicles, equipment, machinery or...

Practice Note

Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building [name, address and telephone number] To: The Clerk to the Justices, [name]...

Precedents

Private nuisance Private nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be...

Practice Note

Private nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. That interference must be unreasonable...

Practice Note

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation...

Practice Note
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