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...
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...
ARCHIVED: This Practice Note has been archived and is not maintained.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...
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...
This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR). Type of...
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...
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...
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...
This Practice Note provides an introduction to disclosure under the CPR setting out the CPR provisions governing the disclosure process (eg Part 31), the overriding...
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...
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...
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...
Produced in partnership with Eleanor Tunnicliffe of DAC Beachcroft Dear [insert name] Response to your letter before claim in proposed judicial review proceedings...
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...
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...
[Insert the name and address of the proposed defendant] Dear [insert organisation name] Letter before claim in proposed judicial review proceedings concerning [insert...
In Scotland, an application for Judicial Review must be brought, in the prescribed form, in the Court of Session. The Courts Reform (Scotland) Act 2014 (CR(S)A 2014)...
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...
What is Judicial Review? Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. This...
Background to judicial review in Scotland Judicial review represents the means by which the courts control the exercise of governmental power. Judicial review has...
This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a party being...
This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including legal advice...
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering public interest immunity. For guidance, see:...
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 longer an EU Member...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...
This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to protect confidential...
