This presentation provides an overview of recent caselaw on the topic.…
11 Jul 2013
This paper considers changes made to the legislative arrangement in respect of the rights of people with mental health problems in Wales by the Mental Health (Wales) Measure 2010 and how those rights can be enforced. The authors analyse how the Measure was drafted , its implementation via associated Regulations and what the likely impact will be.…
4 Apr 2012
This paper provides an overview of recent equality duty cases.…
24 Jun 2010
Themes in these papers include: recent decisions and possible grounds of challenge in public sector costs cases , including equality duties , legitimate expectation , vires and Wednesbury. The paper also considers the relevance of resources in this context and practical tips for bringing such challenges.…
18 Sep 2011
An examination of the Welsh contribution to judicial review , looking at key cases past and present. Clive also assesses the future in light of the referendum on transfer of powers from Westminster to Wales.…
4 May 2011
This paper looks at the opportunity for public law challenges arising from Welsh education legislation.…
11 Apr 2013
A round-up of the important cases and decisions from the last 12 months.…
12 Jul 2012
The government is seeking to apply significant restrictions on funding for JRs (on top of those imposed by LASPO 2012). At the same time , the courts have been clarifying the principles governing costs recovery. This seminar will provide practical tips and advice to help claimant lawyers sustain a JR practice into the future.…
This paper provides an overview of recent developments and tips on strategy for lawyers defending judicial review claims.…
13 Oct 2011
With legal aid for JR under threat , practitioners may want to consider alternatives. Ombudsman decisions themselves are amenable to JR. Representations to the Ombudsman are free , claimants don’t need a lawyer – and in a landscape in which the government appears only to be prepared to fund legal advice for itself , that’s of increasing significance. Although there are some disadvantages to using the Ombudsman , there are also advantages , both are considered in this paper.…
17 Jul 2013
An analysis of the issue of judicial review and welfare benefits , covering the following topics: social welfare decisions that are amenable to judicial review; delay , financial hardship and interim payments; benefit problems linked to immigration status; the enforcement of overpayments as debts.…
The picture with regard to tribunals in Wales is a challenging one. The Vice-President of the Upper Tribunal and Asylum Chamber provides a map and a look at the key issues , including judicial independence and training.…