Delve into the critical process of judicial review, a cornerstone of public law that ensures government accountability. Gain valuable perspectives on the principles and procedures that empower legal practitioners to challenge administrative decisions effectively.
The following Local Government news provides comprehensive and up to date legal information on High Court dismisses claim brought by doctors’ advocacy body against GMC (R (on the application of Anaesthetists United Ltd and others) v GMC)
Sources of constitutional lawIn briefThe British constitution is unwritten in the sense that it does not derive from a single constitutional text. It...
Methods of statutory interpretation used to resolve disputes about the meaning of legislationIntroduction to statutory interpretationThe aim of...
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
Duty of candour and disclosure requirements in judicial reviewDisclosure (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 than a formal disclosure process.Default lack of formal disclosure and
Judicial review—the Tameside dutyOverview of the Tameside dutyThe Tameside duty takes its name from Secretary of State for Education and Science v Tameside MBC. As Lord Diplock explained, the duty requires the decision-maker to have ‘[asked] himself the right question and take reasonable steps to
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 succeed?Save in particular circumstances, a public body cannot prevent itself from properly considering the exercise of its discretion in individual cases.
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
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