The law and practice around choosing the correct forum.…
17 Apr 2014
The aim of this paper is to look at the torts of misfeasance in public office and negligence , and why they offer only limited redress against public authorities.…
28 Mar 2014
Can a coherent framework for obtaining financial redress for state wrongdoing emerge from the patchwork of EU law , ECHR law and domestic public and private law?…
13 Oct 2013
This paper and the associated audio file deals with rights of access to information held by public authorities – especially under the Freedom of Information Act 2000 (“FOIAâ€) and the Environmental Information Regulations 2004 (“EIRâ€);
It also covers judicial review in information privacy cases about the retention/disclosure of information by public authorities , involving Data Protection Act 1998 (“DPAâ€) and/or Article 8 of the Convention.…
20 Jan 2014
The following topics will be covered in this lecture: a. Recovery of inter partes costs in judicial review. b. Costs budgeting. c. Protective Costs Orders. d. Wasted Costs Orders and Non party costs orders. Inter partes…
8 Nov 2013
There are by now so many JR cases , which cover such a broad range of topics that a talk such as this is necessarily nothing more than a personal choice , and cannot hope to be comprehensive. What is set out below is merely a few cases from 2013 which may be of general interest. There will be many others which are relevant to your particular cases and practices.…
Lady Hale’s address to our Judicial Review Trends and Forecasts conference 2013 , on October 14. The address looks at standing , interventions and costs.…
14 Oct 2013
This paper looks at public law interventions in light of Cart and AK.…
13 Oct 2011
Louise Whitfield pioneered the use of the equalities duties challenge funding decisions and continues to make ground breaking cases for community groups and NGOs , using the Administrative Court. This paper explores the development of this area through the analysis of recent cases.…
4 Apr 2012
A practical look at interim injunctions and other pre-trial remedies in JR covering: what they are; when they are available; and how to go about getting them.…
24 Jun 2010
This paper provides an analysis of Section 149 of the Equality Act 2010 , which imposes extensive legal duties on public authorities by requiring them to pay due regard to the need to eliminate discrimination and promote equality with regard to the various ‘protected characteristics’. It looks at the impact of Section 149 on the requirement to consult , and the way in which public authority’s own financial resources can bear upon the performances of the duty.…
2 Oct 2012
This paper looks at the procedural developments in human rights-based claims in judicial review , with special focus on disclosure , public interest immunity and the cope for calling evidence following landmark cases such as R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 2387 , where the Administrative Court indicated that it should not be reluctant to order disclosure or permit live evidence and cross-examination in appropriate judicial review cases.…
11 Jul 2011