Judicial Review

Law and Practice

Judicialreview_full_cover

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Published:
March 2011
Edition:
1st
Format:
Hardback
ISBN:
978 1 84661 176 6
Author:
Frances Patterson QC
Category:
Public Law, Education, Criminal, Family, Personal Injury and Civil Litigation, Property and Housing, Immigration and Human Rights

Provide practitioners with a comprehensive introduction to judicial review proceedings.

The process of judicial review offers claimants the opportunity to challenge the decisions of public bodies that carry out functions of state. Due to the increasing importance of this area, since April 2009 such cases have been heard not only in the Administrative Division of the High Court in London, but also in new Regional Divisions throughout England and Wales.

To coincide with the regionalisation project, Judicial Review: Law and Practice has been written to provide practitioners with a comprehensive introduction to judicial review proceedings. It covers the substantive law of judicial review including grounds of review and remedies, and looks in detail at the practice and procedure specific to such claims.

The largest part of the work is dedicated to individual areas of the law where judicial review is relevant, including town and country planning, community care and social welfare, immigration, housing, mental health, education and licensing. It therefore provides a wide-ranging coverage of administrative law and its niche practice areas including essential procedural rules, forms and guidance issued by the Administrative Court.

Whether you are a specialist public lawyer or whether you practise in areas of law where expertise in judicial review is required, Judicial Review: Law and Practice provides the guidance you need to take on and manage cases confidently. This work also includes precedents and procedural guides to provide a comprehensive practice toolbox.

 

General Editor

Frances Patterson QC, Public Law Commissioner; Deputy High Court Judge; and formerly Head of Kings Chambers, Manchester

Contributors

Simon Burrows, Colin Crawford, Jonathan Easton, David Hercock and Sam Karim, Barristers, Kings Chambers, Manchester
Hugh Southey and Amanda Weston, Barristers, Tooks Chambers
Matthew Stockwell, Barrister, India Buildings Chambers, Liverpool

Introduction

  • Origins of judicial review

Grounds of Judicial Review

  • Irrationality/unreasonableness
  • Illegality
  • Procedural impropriety
  • Human rights


Remedies

  • The prerogative remedies: Mandatory, Prohibiting and Quashing Orders
  • Declarations
  • Injunctions
  • Damages and restitution
  • Discretion
  • Mediation and ADR

Practice and Procedure

  • The new tribunal system
  • Funding
  • Pre-application procedure
  • Permission application
  • Post-permission application
  • The hearing
  • Costs

Specific Areas

  • Planning and environment
  • Community care/social welfare
  • Housing
  • Mental health
  • Immigration
  • Family law and children
  • Healthcare
  • Criminal law
  • Education
  • Consumer issues
  • Licensing
  • Local government/central government

Appendices

  • Procedural guides
  • Precedents
  • Statutory materials

  • Jor-media-pack
  • Jor-receive-alerts
  • Jor-contact-us
  • Jor-help

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