Public authorities and the state

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Practice notes
The supremacy of EU lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Q&As
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
Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 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
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
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
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 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Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained.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
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...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 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 Public authorities and the state content

Practice notes
Sexual abuse claimsLimitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases...
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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...
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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 6th 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...
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5th Jun
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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5th Jun
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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5th Jun
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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5th 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...
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5th 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...
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5th Jun
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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5th Jun
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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5th Jun
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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5th Jun
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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5th Jun
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)...
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5th Jun
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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5th Jun
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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5th Jun
Practice notes
Bringing a claim—private law claim for breach of statutory dutyWhat is a private law claim for breach of statutory duty?A private law claim for breach...
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Produced in partnership with Catriona Stirling of Cloisters 5th Jun
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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5th Jun
Practice notes
Bringing a claim—breach of statutory dutyPractitioners should note that in relation to claims against employers, on 1 October 2013, s 69 of the...
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5th Jun

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