When will courts entertain academic public law claims? (L, M and P v Devon County Council)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Public Law analysis: In this case, the claimants sought judicial review of decisions communicated in pre-action correspondence to the effect that amended education, health and care (EHC) plans would not be produced by Devon County Council (the Council) within a particular timescale. The claims raised a short point of statutory construction. Permission to claim judicial review was granted on the papers. At the substantive hearing, despite hearing full argument on the statutory construction point, the judge declined to decide the point on the basis that the claims had become academic. The Court of Appeal decided that he erred in doing so. Written by Jonathan Lewis, barrister, at Henderson Chambers.