Judicial review

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

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

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

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 12th Jan

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 12th Jan

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

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 12th Jan

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

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 12th Jan

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 12th Jan

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 12th Jan

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 12th Jan

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

In-house

Practice notes

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...

9th Nov

In-house

Practice notes

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,...

9th Nov

Q&As

Is there is a precedent schedule of costs form in relation to judicial review proceedings?

Civil Procedure RulesCivil Procedure Rule 54 (CPR 54) contains the applicable rules regarding judicial review. CPR 54.8(2) sets out the following:'In...

24th Feb

Q&As

What is Wednesbury unreasonableness?

Public authorities generallyPublic authorities are constrained in their actions as they are required to act in accordance with their statutory...

15th Feb

Q&As

Illegality in a judicial review context, what is it? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

Illegality in a judicial review contextA public body is not permitted to act beyond the scope of its powers and duties, which may be defined by...

Produced in partnership with Jamas Hodivala of Matrix Chambers 15th Feb

Q&As

What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

Save in particular circumstances, a public body cannot prevent itself from properly considering the exercise of its discretion in individual cases....

Produced in partnership with Jamas Hodivala of Matrix Chambers 15th Feb

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 20th Jan

Q&As

Coronavirus (COVID-19)—what are the arrangements for contacting courts which are now ‘temporarily suspended’ but which were dealing with ongoing and/or urgent applications?

The coronavirus (COVID-19) pandemic is causing severe difficulties in the operation of the court estate. As of 27 March 2020, HMCTS confirmed that the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

COVID-19

Q&As

Material considerations in judicial review. What is it? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

A decision-maker must take into account all relevant matters, and must ignore irrelevant matters. The weight to be attached to such relevant matters...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

Q&As

When is a decision amenable to judicial review?

Assuming the decision is made by a public authority or other public body susceptible to judicial review, the first issue to consider is whether the...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

Q&As

Can a Welsh Registered Social Landlord who is not a public body for the Office of National Statistics be the subject of a judicial review when it delivers a public function?

A Registered Social Landlord (RSL) is a hybrid public authority. It is therefore capable of exercising both public and private functions. Only...

Produced in partnership with Tim Edds of Browne Jacobson 8th Jan

Q&As

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?

Judicial review is considered to be a remedy of last resort. Accordingly, the Administrative Court will not normally entertain a claim for judicial...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

Q&As

Is it possible to serve the claim form for judicial review (in the Administrative Court) via an e-portal or other electronic means?

The claim formA claim for judicial review in the Administrative Court must be started by issuing the claim form in the prescribed form (see form N461...

7th Dec

Q&As

How can I tell whether a body is amenable to judicial review?

Aside from the specific statutory provisions regarding the responsibility and accountability of a particular statutory body and its susceptibility to...

7th Dec

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

Q&As

On what grounds could a decision of a public authority be challenged by way of judicial review, where the authority/decision in question has failed to comply with the law? Are there any leading case law examples from the UK courts (including Northern Ireland)?

Scope of judicial reviewJudicial review potentially permits challenges to a wide range of decisions, actions or failures to act in relation to the...

29th Nov

Q&As

How can you challenge a National Health Service (NHS) policy?

Challenging the decision of a public authorityWe were not clear as to the type of policy to be challenged, therefore, we have assumed that this Q&A is...

29th Nov

Q&As

How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?

Court’s case management powersThe court's aim is to ensure that cases are dealt with justly and at proportionate cost—in other words, in accordance...

28th Nov