Judicial review

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Judicial review guidance:

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...

Practice Note

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...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained.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...

Practice Note

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...

Practice Note

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR). Type of...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note