Judicial review principles

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What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public...
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Produced in partnership with Carl Gardner 19th May
Practice notes
The supremacy of EU lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Q&As
What is Wednesbury unreasonableness?Public authorities generallyPublic authorities are constrained in their actions as they are required to act in...
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19th May
Practice notes
Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 19th May
Practice notes
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
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Produced in partnership with Alexander Campbell of Field Court Chambers 19th May
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Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Practice notes
Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
Practice notes
Costs for judicial review—general principlesGeneral rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
Practice notes
Structure and functions of EU institutions and bodiesThe EU’s unique institutional frameworkThe European Union is a supranational polity, and is...
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19th May
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Introduction to concession contracts procurementBrexit impact—public procurementThe UK public procurement regime derives from EU public procurement...
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Produced in partnership with Katherine Calder of DAC Beachcroft 19th May
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Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
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19th May
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Parliamentary supremacy—implied repealIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Parliamentary supremacy the enrolled bill ruleIt is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...
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Produced in partnership with Dr. Kieran Laird of Gowling WLG 19th May
Practice notes
Sources of constitutional lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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Produced in partnership with Carl Gardner 19th May

Most recent Judicial review principles content

Q&As
Illegality in a judicial review context, what is it? When is it an actionable ground of challenge and what must be established for a challenge to...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug
Q&As
What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug
Q&As
Can a judicial review claim be brought against a political party?Judicial review is a process by which the courts exercise a supervisory jurisdiction...
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1st Aug
Q&As
How can you challenge a National Health Service (NHS) policy?Challenging the decision of a public authorityWe were not clear as to the type of policy...
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1st Aug
Q&As
What is Wednesbury unreasonableness?Public authorities generallyPublic authorities are constrained in their actions as they are required to act in...
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1st Aug
Q&As
What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug
Q&As
When is a decision amenable to judicial review?Assuming the decision is made by a public authority or other public body susceptible to judicial...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug
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...
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1st Aug
Q&As
Can a Welsh Registered Social Landlord who is not a public body for the Office of National Statistics be the subject of a judicial review when it...
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Produced in partnership with Tim Edds of Browne Jacobson 1st Aug
Q&As
Material considerations in judicial review. What is it? When is it an actionable ground of challenge and what must be established for a challenge to...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug
Practice notes
What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public...
Read More >
Produced in partnership with Carl Gardner 1st Aug
Practice notes
An introductory guide to damages in judicial reviewJudicial review is an equitable remedy. The court has discretion to make an award in successful...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 1st Aug
Practice notes
The impact of EU law in judicial review [Archived]ARCHIVED: This Practice Note has been archived is not maintained. What is the status of EU law in...
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Produced in partnership with Andrew Eaton of Hogan Lovells and Telha Arshad of Hogan Lovells 31st Jul
Practice notes
Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 31st Jul
Practice notes
Avoiding a judicial reviewAlthough it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 31st Jul
Practice notes
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 31st Jul
Practice notes
Duty of candour and disclosure requirements in judicial reviewDisclosure (stating that a document exists or has existed) in judicial review...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 31st Jul
Q&As
What are the key features of judicial review in Scotland and how does it compare to England and Wales?Judicial review in Scotland evolved separately...
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31st Jul
Q&As
How can I tell whether a body is amenable to judicial review?Aside from the specific statutory provisions regarding the responsibility and...
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31st Jul

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