State accountability and liability

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Practice notes
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep
Practice notes
When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep
Practice notes
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...
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27th Sep
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. On 23 June 2016, the UK held a referendum on its membership of the EU, with a...
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26th Sep
Practice notes
Interested partiesIn the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly...
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26th Sep
Practice notes
The EU public procurement case tracker records and summarises the most recent European case law developments relating to public procurement. This...
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26th Sep
Practice notes
Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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26th Sep
Practice notes
Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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25th Sep
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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25th Sep
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 >
25th Sep
Practice notes
Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
Read More >
25th Sep
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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25th Sep
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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25th Sep
Practice notes
A contracting authority procuring a public contract above a certain financial threshold must use one of the permitted procurement procedures set out...
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25th Sep
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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25th Sep
Practice notes
The European Convention on Human Rights (ECHR) was adopted by the Council of Europe in 1950. The ECHR sets out the rights and freedoms which the...
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25th Sep

Most recent State accountability and liability content

Precedents
Inquiry: The [insert name of inquiry] inquiryChair: [Insert name of inquiry chair][Insert inquiry contact address etc][Insert name of...
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26th Sep
Precedents
1 Anti-bribery—short form—pro-customer Bribery Laws means the Bribery Act 2010[ and associated guidance published...
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26th Sep
Practice notes
What is a public authority?A public authority is some manifestation or emanation of the state that exercises a public function.The distinction between...
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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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27th Sep
Q&As
In civil proceedings against the Crown as defined in CPR 66.1(2), the claim form must contain the names of the government departments and officers of...
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28th Sep
Q&As
The duty of a public authority to respond to a statutory inquiryStatutory inquiries are convened under the Inquiries Act 2005 (IA 2005). See Practice...
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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 28th Sep
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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28th Sep
Q&As
Claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976When the victim of a personal injury action has died...
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28th Sep
Q&As
This Q&A considers the circumstances in which a public authority can be held accountable for an omission. In particular, it considers a scenario where...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 28th Sep
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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28th Sep
Q&As
Consideration will need to be given to both the Civil Procedure Rules 1998 and the Crown Prosecution Service (CPS) guidance on disclosure of...
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28th Sep
Q&As
In the case of Razumas v Ministry of Justice the claimant brought a clinical negligence claim against the Ministry of Justice (MoJ) because while he...
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28th Sep
Precedents
[In the High Court of JusticeORIn the County Court at [insert]]Claim No: [insert claim number][Division]Claim issued on [day of month...
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30th Sep
Precedents
[In the High Court of JusticeORIn the County Court at [insert]]Claim No: [insert claim number][Division]Claim issued on [day of month...
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30th Sep
Precedents
IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties[THE CLAIMANT]by his litigation friend [LITIGATION FRIEND]        Claimant-and-[THE...
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30th Sep

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