Judicial review

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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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan

Most recent Judicial review content

Practice notes
A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 13th Jan
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 13th Jan
Practice notes
This tracker is intended to be used to track key developments, legislation, guidance and other sources of interest relating to coronavirus (COVID-19)...
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12th Jan
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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11th Jan
Q&As
The coronavirus (COVID-19) pandemic is causing severe difficulties in the operation of the court estate. As of 27 March 2020, HMCTS confirmed that the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
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 8th Jan
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 8th Jan
Q&As
The first thing to bear in mind is that courts are updating their processes and guidance, sometimes daily at present, so you should check with the...
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Produced in partnership with Christopher Adams of Partner  Gosschalks 8th Jan
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 8th Jan
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 8th Jan
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 8th Jan
Precedents
Dear [insert name]Response to your letter before claim in proposed judicial review proceedings[Claimant OR Your Client]: [insert proposed Claimant’s...
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Produced in partnership with Eleanor Tunnicliffe of Hill Dickinson 8th Jan
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 8th Jan
Practice notes
Important note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the regime which is expected to apply once...
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5th Jan
Q&As
This Q&A considers whether grounds for judicial review could be established if a public body (such as HMRC) delays or fails to reach a decision within...
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7th Dec
Q&As
The claim formA claim for judicial review in the Administrative Court must be started by issuing the claim form in the prescribed form (see form N461...
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7th Dec
Q&As
We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive search of our resources on this subject,...
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7th Dec
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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7th Dec
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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7th Dec
Q&As
Civil Procedure RulesCivil Procedure Rule 54 (CPR 54) contains the applicable rules regarding judicial review. CPR 54.8(2) sets out the following:'In...
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7th Dec

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