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 and appropriate to do...
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 by a public body, the...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is concerned with the changes to Part 52 which were brought into effect in...
This Practice Note considers the Closed Material Procedure (CMP) which allows the state to disclose sensitive material to the judge without having to disclose the...
This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR). Type of...
General rule on costs The general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the event. However, pre-emptive cost orders...
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...
This Practice Note looks at what confidential information is, who it belongs to and how to protect it. It considers disclosure obligations in relation to confidential...
The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty of candour rather...
The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) established the First-tier Tribunal (FTT) and the Upper Tribunal (UT). The current Tribunal Service was created...
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 guidance, see Practice...
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages in a judicial review...
Interested parties In the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly affected by the claim'. A...
In Scotland, an application for Judicial Review must be brought, in the prescribed form, in the Court of Session. The Court Reform (Scotland) Act 2014 introduced a...
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...
