The following Public Law practice note Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers provides comprehensive and up to date legal information covering:
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 raised by the case at hand.
For further guidance, see: Judicial review—what it is and when it can be used.
The next step will normally be to ensure that there is still time to bring a claim for judicial review. Under CPR 54.5, claims for judicial review (save for the three exceptions mentioned below) must be brought promptly and, in any event, within three months of the date on which the grounds for bringing the claim first arose.
There is an overriding requirement of promptness and it should not be assumed that a claim will be in time just because it is brought within three months. In R (Paul Jones) v Chief Constable of Merseyside Police the court emphasised that the three month limit is a backstop and people must act with the utmost promptitude.
Whether or not a claim has been brought promptly depends on all the circumstances, including the nature of the decision, the date on which the claimant became aware of the decision, the complexity of the grounds, the responsiveness of the defendant to requests for information (see below), and the context in which the decision was made. For example, the Administrative Court
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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