Judicial review

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Forming enforceable contracts—intention to create legal relations

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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Practice notes

Direct effect of EU law

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...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Parliamentary committees

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...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

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...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Sources of constitutional law

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...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Void contracts

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...

9th Nov

Practice notes

Convention rights—structure of qualified rights

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...

Produced in partnership with Alexander Campbell of Field Court Chambers 12th Jan

Practice notes

Indirect effect of EU law

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...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

The supremacy of EU law

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...

Produced in partnership with Adam Cygan of University of Leicester 12th Jan

Practice notes

Judicial review time limits—extensions and urgent cases

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Parliamentary supremacy the enrolled bill rule

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...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Overview of the EU legal system

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...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Most recent Judicial review content

Practice notes

Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners

A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 13th Jan

Practice notes

Avoiding a judicial review

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 13th Jan

Practice notes

Coronavirus (COVID-19)—judicial review tracker

This tracker is intended to be used to track key developments, legislation, guidance and other sources of interest relating to coronavirus (COVID-19)...

12th Jan

COVID-19

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 breached an individual's right under an EU law provision which has direct...

11th Jan

Brexit

Q&As

Coronavirus (COVID-19)—what are the arrangements for contacting courts which are now ‘temporarily suspended’ but which were dealing with ongoing and/or urgent applications?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

COVID-19

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 succeed?

Save in particular circumstances, a public body cannot prevent itself from properly considering the exercise of its discretion in individual cases....

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

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 succeed?

A decision-maker must take into account all relevant matters, and must ignore irrelevant matters. The weight to be attached to such relevant matters...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

Q&As

In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?

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...

Produced in partnership with Christopher Adams of Partner Gosschalks 8th Jan

COVID-19

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 review, the first issue to consider is whether the...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

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 succeed?

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...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

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 delivers a public function?

A Registered Social Landlord (RSL) is a hybrid public authority. It is therefore capable of exercising both public and private functions. Only...

Produced in partnership with Tim Edds of Browne Jacobson 8th Jan

Precedents

Judicial review—defendant response to a letter before claim

Dear [insert name]Response to your letter before claim in proposed judicial review proceedings[Claimant OR Your Client]: [insert proposed Claimant’s...

Produced in partnership with Eleanor Tunnicliffe of Hill Dickinson 8th Jan

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 last resort. Accordingly, the Administrative Court will not normally entertain a claim for judicial...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

Practice notes

Disclosure—introduction

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...

5th Jan

Q&As

If a public body (eg HMRC) fails to reach a decision within a reasonable timeframe where no specific deadline applies, could this be grounds for judicial review? At what point does the 'failure to act' occur?

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...

7th Dec

Q&As

Is it possible to serve the claim form for judicial review (in the Administrative Court) via an e-portal or other electronic means?

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...

7th Dec

Q&As

What are the grounds for judicial review?

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,...

7th Dec

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 from England and Wales which accounts for its unique features and terminology. However, in recent years...

7th Dec

Scottish Law

Q&As

How can I tell whether a body is amenable to judicial review?

Aside from the specific statutory provisions regarding the responsibility and accountability of a particular statutory body and its susceptibility to...

7th Dec

Q&As

Is there is a precedent schedule of costs form in relation to judicial review proceedings?

Civil Procedure RulesCivil Procedure Rule 54 (CPR 54) contains the applicable rules regarding judicial review. CPR 54.8(2) sets out the following:'In...

7th Dec

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Judicial review

View Public Law by content type:

Latest Public Law News

Database right infringement must adversely affect the owner’s substantial investment (CV-Online Latvia)

How to approach and interpret retained EU law—a practical guide

Comment—EU, US Privacy Shield negotiators face tougher task in 2020 than ‘Safe Harbor’ predecessors did four years ago

Implications of definition of 'controller' in Data Protection Act 2018

Featured Public Law content

Forming enforceable contracts—intention to create legal relations

Separation of powers—legislative, executive and judiciary

Build Operate Transfer (BOT) contracts

Facilitation payments under the Bribery Act 2010

Most recent Judicial review content

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