State accountability and liability

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What is Wednesbury unreasonableness?Public authorities generallyPublic authorities are constrained in their actions as they are required to act in...
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19th May
Practice notes
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
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Produced in partnership with Alexander Campbell of Field Court Chambers 19th May
Practice notes
Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
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...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Practice notes
Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
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...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 19th May
Practice notes
Structure and functions of EU institutions and bodiesThe EU’s unique institutional frameworkThe European Union is a supranational polity, and is...
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19th May
Practice notes
Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 19th May
Practice notes
Introduction to concession contracts procurementBrexit impact—public procurementThe UK public procurement regime derives from EU public procurement...
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Produced in partnership with Katherine Calder of DAC Beachcroft 19th May
Practice notes
Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
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19th May
Practice notes
Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...
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19th May
Practice notes
Parliamentary supremacy the enrolled bill ruleIt is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...
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Produced in partnership with Dr. Kieran Laird of Gowling WLG 19th May
Practice notes
Parliamentary privilege and the Bill of Rights 1688Arguably the most significant of these ‘statutory’ aspects of parliamentary privilege is freedom of...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Sources of constitutional lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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Produced in partnership with Carl Gardner 19th May

Most recent State accountability and liability content

Precedents
Public inquiry warning letterInquiry: The [insert name of inquiry] inquiryChair: [Insert name of inquiry chair][Insert inquiry contact address...
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Produced in partnership with Jim Duffy of 1COR 1st Aug
Practice notes
Implementing and achieving effective governance in the public sectorWhat does effective governance mean in the public sector?Governance within the...
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Produced in partnership with Lisa Larsen of The Behavioural Insights Team 31st Jul
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...
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Produced in partnership with Jim Duffy of 1COR 31st Jul
Practice notes
Non-party campaigningOverview of the non-party campaigning regimePart VI of the Political Parties, Elections and Referendums Act 2000 (PPERA 2000) (as...
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Produced in partnership with Jessica Collings of Bates Wells LLP 31st Jul
Practice notes
Regulation of consultant lobbyingThis Practice Note guides lawyers on what constitutes consultant lobbying, compliance, offences and penalties under...
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Produced in partnership with Jessica Collings of Bates Wells LLP 31st Jul
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...
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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 31st Jul
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...
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Produced in partnership with Jim Duffy of 1COR 31st Jul
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...
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31st Jul
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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31st Jul
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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31st Jul
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...
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31st Jul
Practice notes
Liability of public authoritiesWhat is a public authority?A public authority is some manifestation of the state that exercises a public function.The...
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31st Jul
Practice notes
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
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31st Jul
Practice notes
Personal injury claims under the Human Rights Act 1998STOP PRESS: This Practice Note is in the process of being updated with the Overseas Operations...
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31st Jul
Practice notes
The Human Rights Act 1998 in practice—personal injury claims under Article 8 of the ECHRThere are a number of circumstances in which the common law...
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31st Jul
Practice notes
The Human Rights Act 1998 in practice—personal injury claims under Articles 2 and 3 of the ECHRThere are a number of circumstances in which the common...
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31st Jul
Q&As
Should HM Prison Service or the Ministry of Justice be named as the defendant on a claim form?In civil proceedings against the Crown as defined in CPR...
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31st Jul
Q&As
Does the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims apply to claims of unlawful...
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31st Jul
Q&As
Should claims against the police be submitted through the claims portal?Technically, police officers are not employees, but office-holders. However,...
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31st Jul

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