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State accountability and liability
Holding the state accountable is pivotal for maintaining the integrity of public law. Explore essential frameworks and strategies for challenging governmental actions and seeking redress. This topic offers valuable insights into litigating state liability claims, ensuring practitioners are equipped to uphold justice and protect citizens' rights effectively. Dive into practical tools tailored for legal professionals dedicated to navigating the nuances of state accountability.
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Practice notes
Grounds of judicial review—unreasonablenessThis Practice Note outlines the ground of judicial review usually known as unreasonableness or...
Produced in partnership with Siân McGibbon, Barrister, 4-5 Gray’s Inn Square
2nd Jun
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...
Produced in partnership with Jamas Hodivala of Matrix Chambers
30th May
Practice notes
Separation of powers—legislative, executive and judiciarySource of the doctrine of the separation of powersThe origins of the doctrine of the...
2nd Jun
Practice notes
Grounds of judicial review—illegalityOverview of the illegality groundIllegality is the first of the grounds on judicial review set out by Lord...
2nd Jun
Practice notes
What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public...
30th May
Practice notes
Grounds of judicial review—procedural improprietyProcedural impropriety as a ground of judicial review‘Procedural impropriety’ is the last of the...
Produced in partnership with Siân McGibbon, Barrister, 4-5 Gray’s Inn Square
2nd Jun
Practice notes
Judicial review—interested parties and intervenersInterested partiesIn the context of judicial review, an interested party is 'any person (other than...
Produced in partnership with Julia Marlow and Megan Smith of Hogan Lovells
2nd Jun
Practice notes
Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its...
2nd Jun
Q&As
What is the legal basis and effect of revoking UK legislation?What does it mean to repeal legislation?To repeal a piece of legislation revokes or...
2nd Jun
Practice notes
Grounds of judicial review—breach of legitimate expectationThe ground of challenge based on legitimate expectations is designed to hold a public...
Produced in partnership with Jack Castle of Henderson Chambers
2nd Jun
Practice notes
Royal ChartersWhat is a Royal Charter?The term 'Royal Charter' has transformed over time. Originally, a Royal Charter was a procedure by which the...
2nd Jun
Practice notes
Costs for judicial review—general principlesGeneral rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in...
Produced in partnership with Adam Heppinstall of Henderson Chambers and Jack Castle of Henderson Chambers
2nd Jun
Practice notes
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers
30th May
Practice notes
Judicial deference and the margin of appreciationJudicial deference is also known as the principle that 'respect is a central concept in judicial...
Produced in partnership with Alexander Campbell of Cornerstone Barristers and Eric Metcalfe of Monckton Chambers
30th May
Practice notes
Consultation: requirement and processAny consultation exercise carried out by a public authority in relation to a proposed decision must be conducted...
30th May
Practice notes
Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...
30th May
Most recent State accountability and liability content
Practice notes
Personal injury claims under the Human Rights Act 1998IntroductionA claimant may be able to pursue a claim under the Human Rights Act 1998 (HRA 1998)...
25th Jun
Practice notes
The Bribery Act 2010—an introductory guideThe Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic...
Produced in partnership with Joanne Kane of Serjeants' Inn
13th Jun
Practice notes
Failure to prevent bribery—the offenceThis Practice Note explains the corporate criminal offence of failing to prevent bribery under section 7 of the...
13th Jun
Checklists
Bribery prevention—UK businesses—checklistBribery prevention procedures should be informed by the Ministry of Justice’s (MoJ) six...
13th Jun
Checklists
Internal investigation on suspicion of failure to prevent bribery—checklistThe following questions and issues should be at the forefront of a lawyer’s...
13th Jun
Checklists
Due diligence—representatives—checklist•Any agent or representative of a business should be subject to due diligence•The company will have to make...
13th Jun
Checklists
Gifts and hospitality—checklistRequired document or actionYes/NoComment/action requiredDo you have a public, clear and forthright code of ethics...
13th Jun
Practice notes
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
12th Jun
Practice notes
Human Rights Act 1998 personal injury claims—Articles 2 and 3 of the ECHRThe Human Rights Act 1998 (HRA 1998) incorporates into English law the rights...
12th Jun
Practice notes
Military claimsThis Practice Note outlines the possible avenues for a personal injury claim by injured service personnel. It outlines claims under...
12th Jun
Practice notes
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will usually be made...
Produced in partnership with Laura Giachardi of 42 Bedford Row
12th Jun
Practice notes
Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries...
12th Jun
Practice notes
Regulation of consultant lobbyingThis Practice Note guides lawyers on what constitutes consultant lobbying, compliance, offences and penalties under...
Produced in partnership with Jess Collings of Bates Wells
12th Jun
Practice notes
Public inquiriesPurpose and aims of public inquiriesGenerally, a public inquiry is established as a means of reviewing in detail events giving rise to...
12th Jun
Practice notes
Non-party campaigningOverview of the non-party campaigning regimePart VI of the Political Parties, Elections and Referendums Act 2000 (PPERA 2000) (as...
12th Jun
Q&As
What level of general damages can be awarded following a suicide where the claimant took her own life while on a mental health ward and the health...
10th Jun
Q&As
What is the statutory basis that allows disclosure of information from the police regarding a police investigation to the solicitors of a claimant in...
10th Jun
Q&As
Can you direct me to any guidance or case law on whether the Ministry of Justice (MoJ) and individual prisons are likely to be liable for the standard...
9th Jun
Q&As
What duties are imposed on a public authority by a statutory inquiry convened under the Inquiry Act 2005?The duty of a public authority to respond to...
Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council
9th Jun
Q&As
Should claims against the police be submitted through the claims portal?Technically, police officers are not employees, but office-holders. However,...
9th Jun
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