Adam Heppinstall

This Practice Note summarises the Article 6 Convention right. It considers when the right to a fair hearing applies, the content of the right, implied rights and specific guarantees in criminal cases. It looks at the limits of the right, and how the right to a fair trial can be waived.

This Practice Note sets out some practical tips for a public body to consider during the decision-making process, with a view to reducing the risk of challenge by judicial review. Both robust decision-making processes and prompt handling of claims pre-action and through alternative dispute resolution will save time and costs downstream. This Practice Note also deals with the steps a public body can take to protect itself and includes a checklist of matters of good practice to help reduce successful permission applications.

This Practice Note sets out the general position on costs in judicial review proceedings with reference to some specific examples such as cases involving official bodies and immigration cases.

This Practice Note examines the duty of candour in judicial review, with a particular focus on the defendant’s obligations. All parties to judicial review proceedings are under a general duty of candour to disclose facts and information relevant to the proceedings. The general duty of candour places a particular burden on public authorities to evidence relevant information in order for the court to evaluate the facts, without being reminded to do so. Failure to disclose, even where the information will assist the claimant’s case, can lead to specific disclosure requests and affect the outcome of the case including punitive cost orders.

This Practice Note explores the time limits for judicial review. In particular, it looks at the circumstances in which the Administrative Court has agreed to hearing cases that are out of time, allowing applications for extensions and the circumstances for urgent judicial review cases.

This Q&A considers whether a local authority can charge an applicant an upfront fee in advance for processing a public path order.

This Q&A considers what a traffic regulation order can be applied to.

This Q&A considers whether a person with the benefit of a right of way allow members of the public to use the right of way without the agreement of the servient tenement.

This Q&A considers whether a third party debt order can be obtained against the estate agent to effectively intercept the rent or whether to intercept the rent from the tenants where the estate agent collects rent on behalf of the debtor.

This Q&A considers whether managing agents who only receive ground rent have to be registered with Rent Smart in Wales.

This Q&A considers whether the Police have power to issue notices under section 46 of the Environmental Protection Act 1990.

This Q&A considers whether the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954) apply to leases granted before the LTA 1954 came into force.

This Q&A looks at warrants of possession.

This Q&A considers what a highway authority can do if they wish to use the provision of section 291 of the Highways Act 1980 and are being prohibited from doing so.

This Q&A explores the various processes that may comply with the requirements of the Cremation Regulations 2008.

This Q&A considers who a notice under section 46 of the Environmental Protection Act 1990 (eg warning notice, notice of intent, and final notice) should be served on and how such a notice should be served if it is not clear which of the multiple occupiers of a premises has failed to comply with the section 46 requirements.

This Q&A looks at the powers of the council in entering into legal documents with free schools.

This Q&A considers the authority that determines and regulates the liability of a local authority in negligence where they have given incorrect replies to enquiries raised prior to the purchase of a property.

This Q&A considers whether a landlord can rely on an original possession order in seeking to re-eject trespassers.

This Q&A considers the payment of rent where the lease stipulates that the rent is to be paid quarterly but the landlord and tenant have agreed to rent being paid on a monthly basis.