Environmental disputes and proceedings

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Environmental disputes and proceedings guidance:

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ARCHIVED: This Practice Note has been archived and is for historical purposes only.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 This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...

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 Court Reform (Scotland) Act 2014 introduced a...

Practice Note