Judicial review principles

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Practice notes
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...
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Produced in partnership with Laura Bolado 9th Nov
Practice notes
Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...
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Produced in partnership with Carl Gardner 9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov
Practice notes
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...
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Produced in partnership with Carl Gardner 9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Alexander Campbell of Field Court Chambers 9th Nov
Practice notes
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...
Read More >
Produced in partnership with Laura Bolado 9th Nov
Practice notes
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...
Read More >
Produced in partnership with Adam Cygan of University of Leicester 9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 9th Nov
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
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...
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Produced in partnership with Carl Gardner 9th Nov
Practice notes
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...
Read More >
Produced in partnership with Laura Bolado 9th Nov

Most recent Judicial review principles content

Practice notes
What is Judicial Review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov
Practice notes
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...
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Produced in partnership with Andrew Eaton and Telha Arshad of Hogan Lovells International LLP 29th Nov
Practice notes
There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand...
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Produced in partnership with Carl Gardner 29th Nov
Practice notes
Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 29th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov
Practice notes
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov
Q&As
Illegality in a judicial review contextA public body is not permitted to act beyond the scope of its powers and duties, which may be defined by...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 29th Nov
Q&As
Save in particular circumstances, a public body cannot prevent itself from properly considering the exercise of its discretion in individual cases....
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Produced in partnership with Jamas Hodivala of Matrix Chambers 29th Nov
Q&As
Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. It is a...
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29th Nov
Q&As
Assuming the decision is made by a public authority or other public body susceptible to judicial review, the first issue to consider is whether the...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 29th Nov
Q&As
Challenging the decision of a public authorityWe were not clear as to the type of policy to be challenged, therefore, we have assumed that this Q&A is...
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29th Nov
Q&As
A decision-maker must take into account all relevant matters, and must ignore irrelevant matters. The weight to be attached to such relevant matters...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 29th Nov
Q&As
Judicial review is considered to be a remedy of last resort. Accordingly, the Administrative Court will not normally entertain a claim for judicial...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 29th Nov
Q&As
Public authorities generallyPublic authorities are constrained in their actions as they are required to act in accordance with their statutory...
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29th Nov
Q&As
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...
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29th Nov
Q&As
Aside from the specific statutory provisions regarding the responsibility and accountability of a particular statutory body and its susceptibility to...
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28th Sep
Q&As
Judicial review in Scotland evolved separately from England and Wales which accounts for its unique features and terminology. However, in recent years...
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28th Sep
Q&As
A Registered Social Landlord (RSL) is a hybrid public authority. It is therefore capable of exercising both public and private functions. Only...
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Produced in partnership with Tim Edds of Browne Jacobson 28th Sep

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