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 Pensions news provides comprehensive and up to date legal information on MoD loses appeal over army reservist's right of access to pension scheme
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...
Grounds of judicial review—breach of legitimate expectationThe ground of challenge based on legitimate expectations is designed to hold a public authority to ‘an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect
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 the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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