Judicial review

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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 9th Nov

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 9th Nov

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

9th Nov

Practice notes

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Nov

Precedents

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...

Produced in partnership with Peter Ware of Browne Jacobson 9th Nov

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 9th Nov

Most recent Judicial review content

Practice notes

Use of confidential information in civil proceedings

This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...

1st Dec

Practice notes

Judicial review—what it is and when it can be used

What is Judicial Review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov

Q&As

When filing an acknowledgment of service in judicial review proceedings, does the 21-day time limit include bank holidays? What happens if the time limit is not adhered to?

Bank holidays are included in the computation of the 21-day time limit for filing of the acknowledgment of service (AOS) in judicial review...

Produced in partnership with Peter Ware of Browne Jacobson 29th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Practice notes

The impact of EU law in judicial review

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Andrew Eaton and Telha Arshad of Hogan Lovells International LLP 29th Nov

Practice notes

Judicial review—pre-action considerations and procedure—Scotland

In Scotland, an application for Judicial Review must be brought, in the prescribed form, in the Court of Session.The Courts Reform (Scotland) Act 2014...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 29th Nov

Scottish Law

Practice notes

Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners

A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov

Practice notes

What is a public authority?

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...

Produced in partnership with Carl Gardner 29th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 29th Nov

Scottish Law

Practice notes

Judicial review—time limits and the pre-action protocol

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...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov

Practice notes

Avoiding a judicial review

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Practice notes

Judicial review in the Upper Tribunal

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) established the First-tier Tribunal (FTT) and the Upper Tribunal (UT). The current Tribunal...

Produced in partnership with Amy Tschobotko of Bevan Brittan LLP 29th Nov

Practice notes

Judicial review—interested parties and interveners

Interested partiesIn the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly...

Produced in partnership with Julia Marlow and Megan Smith of Hogan Lovells 29th Nov

Practice notes

Duty of candour and disclosure requirements in judicial review

Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Practice notes

An introductory guide to damages in judicial review

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Precedents

Judicial review—defendant response to a letter before claim

Dear [insert name]Response to your letter before claim in proposed judicial review proceedings[Claimant OR Your Client]: [insert proposed Claimant’s...

Produced in partnership with Eleanor Tunnicliffe of Hill Dickinson 29th Nov

Precedents

Summary grounds of resistance on behalf of the 1st, 2nd etc defendant

[Insert case number]IN THE HIGH COURT OF JUSTICEQUEENS BENCH DIVISIONADMINSTRATIVE COURTIn the matter of an application for permission to apply for...

29th Nov

Precedents