This paper and related presentation examines the anticipated impact of the new regulations which remove entitlement to payment by legal aid for costs in judicial review where either the case ends prior to permission being granted or permission is refused.…
14 Aug 2014
This presentation and related materials cover the use of judicial review in immigration cases , including:
• The implications of the transfer of most immigration judicial reviews to the Upper Tribunal
• The increasing use of judicial review as the only remedy in cases where clients have no right of appeal
• The use of strategic judicial review litigation to challenge the new interpretation of and validity of the new immigration rules post 9 July 2012 (including in relation to Article 8)
• Major changes in the field which will be wrought when the Immigration Act 2014 comes fully into force…
This paper explores constitutional points arising from from the devolution of powers in Wales.…
This paper and accompanying talk discuss the interaction between public law equality challenges and claims for damages for discrimination under the Equality Act 2010.…
9 May 2014
The Mau Mau case made legal history in 2013 when the British Government compensated and issued an apology to 5 ,000 Kenyans who had been tortured whilst detained by the British colony prior to independence in 1963. This paper outlines the factual and legal issues which arose in the course of the litigation.…
12 May 2014
All the public sector Ombudsmen have a power to make recommendations as to how the injustice arising out of any maladministration they identify may be remedied. This paper and appendix discusses what remedies an Ombudsman complaint can secure and how to make effective us of the schemes.…
This paper discusses the strategies and practical issues arising at the following key points in the conduct of a ‘classic’ police law action.…
This article highlights the possible effect of the introduction of a damages remedy on commercial entities , both as would-be claimants and as potential defendants (or interested parties) , and on public authorities engaged in the commercial sector.…
Obtaining and disclosing information gives rise to a number of potential legal issues. In addition to possible criminal penalties , there are a number of civil causes of action which may be available to those who feel their private or personal information has been unlawfully obtained , stored , or used. This paper discusses these causes of action.…
25 Apr 2014
The award of just satisfaction is not an automatic consequence of a finding by the
European Court of Human Rights that there has been a violation of a right guaranteed by the
European Convention on Human Rights or its Protocols. This paper sets out the formal and substantive requirements for submitting claims for just satisfaction.…
17 Apr 2014
This paper aims to give a general overview of the use of mediation in the context of challenges against local authority decisions by parents of children with special educational needs (SEN). It briefly describes the main external mechanisms (as opposed to internal complaints procedures) for resolving or determining SEN disputes.…
The law and practice around choosing the correct forum.…