The following Public Law practice note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:
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 and defendant) who is directly affected by a claim may be an 'interested party' for the purpose of that claim (see CPR 54.1(1)(f)) and should be served with the claim under CPR 54.7. A defendant or interested party faced with a judicial review claim may encounter difficulties in recovering the costs of proceedings, even when successful.
The court’s discretion under the Senior Courts Act 1981 (SCA 1981) is used sensitively so that cases in the public interest may be supported, for instance through protective costs orders (PCOs) and costs capping orders (CCOs). A PCO generally limits or extinguishes the amount of costs that a party will have to pay if they lose, whereas a CCO is an order limiting or removing the liability of a party to pay another party's costs, by limiting the amount that party may recover. For judicial review claims, the Criminal Justice and Courts Act 2015 (CJCA 2015) places the court's common law powers to make PCOs on a statutory footing.
Sections 88–90 of the CJCA 2015, which entered into force on 8 August 2016, introduced a new regime for cost capping in judicial review proceedings. The regime introduced a new form of cost
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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