EU judicial system

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Public interest justifies cost-capping in a procurement case (Good Law Project v Minister for the Cabinet Office (Hanbury Strategy & Communications Ltd as interested party))

UK subsidy regime to reflect national interests, government says in legislative plans

The following Public Law news provides comprehensive and up to date legal information on UK subsidy regime to reflect national interests, government says in legislative plans

Brexit SI Bulletin—drafts laid for sifting on 10 May 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit SI Bulletin—drafts laid for sifting on 10 May 2021

With US on board, COVID IP waiver still faces long road

The following Commercial news provides comprehensive and up to date legal information on With US on board, COVID IP waiver still faces long road

Featured Public Law content

Overview of the EU legal system

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...

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

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...

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

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 12th Jan

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

The supremacy of EU law

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 Adam Cygan of University of Leicester 12th Jan

Practice notes

Indirect effect of EU law

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 Laura Bolado 12th Jan

Brexit

Practice notes

Convention rights—structure of qualified rights

The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...

Produced in partnership with Alexander Campbell of Field Court 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

Sources of constitutional law

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 Carl Gardner 12th Jan

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

Parliamentary committees

In briefA great deal of the business of Parliament is carried out by committees of MPs or peers working on a specific subject or task. Public bill...

9th Nov

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Direct effect of EU law

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 Laura Bolado 12th Jan

Brexit

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

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Produced in partnership with Victoria McGie 12th Jan

Practice notes

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

Produced in partnership with Carl Gardner 12th Jan

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

Most recent EU judicial system content

Practice notes

Implications of infringement of EU law

Any infringement of EU law by a Member State will impair the effectiveness of EU law. Moreover, infringements will also have consequences for the...

Produced in partnership with Adam Cygan of University of Leicester 28th Apr

Practice notes

Introduction to the Court of Justice of the European Union

Judicial bodies of the Court of Justice of the European UnionThe Court of Justice of the European Union (sometimes referred to as the CJEU) consists...

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 27th Apr

Brexit

Practice notes

Direct effect of EU law

What is direct effect of EU law?The doctrine of direct effect is a fundamental principle of EU law developed by the Court of Justice of the European...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 26th Apr

Brexit

Practice notes

Challenging EU Directives

In briefAccording to settled case law, the Court of Justice of the European Union has the exclusive competence to declare an act of the EU...

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 26th Apr

Practice notes

Remedies for breach of EU law

In addition to the means of enforcement of EU law available to the EU institutions under the EU infringement procedure, including the referral to the...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 26th Apr

Practice notes

Equivalence and effectiveness

Development of the principles of equivalence and effectivenessUnder the principle of procedural autonomy, in the absence of relevant EU law, it is for...

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 15th Apr

Practice notes

Indirect effect of EU law

What is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national courts have, as part of the...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 8th Apr

Brexit

Practice notes

Guide to the Court of Justice of the European Union

This Practice Note provides a brief description of the Court of Justice of the European Union and provides a list of links for further information....

7th Apr

Brexit

Practice notes

Infringement proceedings against EU Member States

Under Article 17(1) of the Treaty on European Union (TEU), one of the European Commission’s core roles is to supervise Member State compliance with EU...

Produced in partnership with Adam Cygan of University of Leicester 29th Mar

Practice notes

References to the Court of Justice of the EU

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Michala Meiselles of University of Derby 23rd Mar

Q&As

What are Francovich damages and how does Brexit impact the right to claim?

Damages may be available from an EU Member State if it is found to have breached an individual's right under an EU law provision which has direct...

19th Mar

Brexit

Q&As

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...

2nd Mar

Brexit

Q&As

What is the EU infringement procedure under Article 258 TFEU and how can proceedings be monitored?

What are the infringement proceedings under Article 258 TFEU?If an EU Member State fails to communicate measures that fully transpose the provisions...

Produced in partnership with Adam Cygan of University of Leicester 25th Feb

Practice notes

Reference to the European Court of Justice—prior to and including transmission [Archived]

ARCHIVED:The UK's departure from the EU means that it is no longer possible for the UK court’s to make a reference to the Court of Justice. References...

13th Feb

Practice notes

Reference to the European Court of Justice—observations, preliminary rulings and urgent applications [Archived]

ARCHIVED: The UK's departure from the EU means that it is no longer possible for the UK court’s to make a reference to the Court of Justice....

4th Feb

Practice notes

Reference to the European Court of Justice—October 2013 changes [Archived]

This Practice Note has been archived and is not updated.From Tuesday 1 October 2013, CPR 68 is being replaced in its entirety. The rationale for this...

18th Jan

Practice notes

Reference to the European Court of Justice (pre-October 2013) [Archived]

This Practice Note has been archived and is not updatedWhat is a reference to the European Court?The Court of Justice of the European Communities...

18th Jan

EU judicial system

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Latest Public Law News

Public interest justifies cost-capping in a procurement case (Good Law Project v Minister for the Cabinet Office (Hanbury Strategy & Communications Ltd as interested party))

UK subsidy regime to reflect national interests, government says in legislative plans

Brexit SI Bulletin—drafts laid for sifting on 10 May 2021

With US on board, COVID IP waiver still faces long road

Featured Public Law content

Overview of the EU legal system

Parliamentary supremacy the enrolled bill rule

Introduction to retained EU law

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

Most recent EU judicial system content

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The Offshore Transmission Owner (OFTO) regime

Key elements of a standstill agreement

The doctrine of res judicata

Tort—the different types of tort

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