State accountability and liability

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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...
Read More >
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 State accountability and liability content

Practice notes
There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be...
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9th Apr
Practice notes
There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be...
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9th Apr
Practice notes
IntroductionA claimant may be able to pursue a claim under the Human Rights Act 1998 (HRA 1998) against a public authority for a breach of their...
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9th Apr
Practice notes
What is a public authority?A public authority is some manifestation of the state that exercises a public function.The distinction between a private...
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9th Apr
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 9th Apr
Practice notes
What is a private law claim for breach of statutory duty?A private law claim for breach of statutory duty is a claim that:•the defendant was under a...
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Produced in partnership with Catriona Stirling of Cloisters 9th Apr
Practice notes
IntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the...
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9th Apr
Practice notes
Practitioners should note that in relation to claims against employers, on 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA...
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9th Apr
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Apr
Practice notes
When will a public authority owe a duty of care?The Supreme Court considered the duty of care owed by public authorities in the cases of Michael and...
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9th Apr
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 9th Apr
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...
Read More >
Produced in partnership with Joanne Kane of Carmelite Chambers 9th Apr
Practice notes
Outline of the ActThe Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (TLNPCTUAA 2014) makes provision as...
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Produced in partnership with Rupert Grist of The Electoral Commission 9th Apr
Practice notes
The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (TLNPCTUAA 2014) makes provision as follows:•TLNPCTUAA...
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Produced in partnership with Rupert Grist 9th Apr
Practice notes
What does effective governance mean in the public sector?The function of governance is to ensure that an organisation or partnership fulfils its...
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Produced in partnership with Lisa Larsen of PPL 9th Apr
Practice notes
The procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the...
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Produced in partnership with Jim Duffy of 1COR 9th Apr
Practice notes
Limitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases involving...
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31st Mar
Practice notes
BackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown Proceedings Act 1947...
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18th Mar
Q&As
Definition of a public liability claimThe Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (the...
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3rd Mar
Q&As
Technically, police officers are not employees, but office-holders. However, under section 88 of the Police Act 1996 (PA 1996), the Chief Constable of...
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3rd Mar

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