Judicial review is a vital mechanism for ensuring accountability and legality in local government decisions. This topic provides essential insights and practical guidance for legal practitioners navigating the intricacies of challenging administrative actions.
Can a local housing authority determine the suitability of offered accommodation if it has not prepared a lawful assessment under section 189A(1) of the Housing Act 1996?
What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...
Housing disrepair for local authority landlords—a practical guideThis Practice Note discusses disrepair claims in relation to social housing, setting...
What are the grounds for judicial review?We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive...
Obstruction of highwaysThe fundamental public right upon a highway is to pass and re-pass, and the obstruction of a highway is usually a criminal...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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