The following Public Law practice note Produced in partnership with Carl Gardner provides comprehensive and up to date legal information covering:
There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.
Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the judicial review procedure; and Parliament has defined in a variety of ways those public bodies about whom it has intended to legislate for specific purposes such as the Human Rights Act 1998 (HRA 1998), and the Freedom of Information Act 2000 (FIA 2000).
Judicial review is the primary judicial procedure by which individuals and firms can seek a remedy against abuses of power by public authorities. It is a public law remedy, aimed only at controlling the use of powers of a public nature.
Most judicial review claims are brought against those clearly involved in the exercise of public power, such as ministers, government departments and agencies, devolved administrations and legislatures, local authorities, health and education authorities, police and prison services. These bodies are, broadly speaking, those who are also 'core public authorities' for the purposes of the HRA 1998.
However, not all decisions of a public nature are made by such obviously government and public bodies. For that reason the courts have a set of principles for identifying when the decision of a less obviously public body is amenable to judicial review. It is important
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.