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All three authors are practising barristers at 4-5 Gray's Inn Squre, with extensive experience of acting in judicial review claims in the Administrative Court and appellate courts, and in public law matters in the European Courts. All are members of the Attorney-General's Panels of Counsel and other related government panels.
Jonathan Auburn is the author of Legal Professional Privilege (Hart, 2000) and a contributor to Phipson on Evidence (Sweet and Maxwell, 2009), The White Book on Civil Procedure, Atkins Court Forms: Disclosure (LexisNexis, 2011), Halsbury's Laws of England, Local Government volume (LexisNexis, 2000), and Education and the Courts (Jordans, 2012). Jonathan is a member of the executive committee of The Constitutional and Administrative Law Bar Association.
Jonathan Moffett is the editor of Atkins Court Forms: Administrative Court (LexisNexis, 2007) and a contributor to Halsbury's Laws of England, Local Government volume (LexisNexis, 2000), The New Oxford Companion to Law (OUP, 2008), and Education and the Courts (Jordans, 2012).
Andrew Sharland is co-author of Media Law and Human Rights (OUP 2009) and contributor to Education and the Courts (Jordans, 2012), Atkins Court Forms: Human Rights (LexisNexis, 2006), and Information Rights (Sweet and Maxwell, 2007).
Table of Contents
1. The legal and theoretical bases for judicial review
2. Scope of judicial review
3. Effect of unlawful decisions
4. The Human Rights Act 1998 and judicial review
5. European Union law and judicial review
6. Procedural fairness: general issues
7. Procedural fairness: specific requirements
9. Bias, predetermination and independence
10. Delay on the part of public bodies
12. Identifying powers and duties and ascertaining their scope
13. Acting outside the scope of powers and duties
14. Failing to exercise powers or to comply with duties
15. Relevant, irrelevant and permissible considerations
16. The public sector equality duty
17. Unauthorised or improper purposes
18. Irrationality and unreasonableness
20. Legitimate expectation
21. Errors of fact
22. Policies, guidance and non-statutory schemes
23. Challenges to legislation
24. Claims for which the judicial review procedure must or may be used
25. The parties
26. The initial stages
27. The permission stage
28. The substantive stage
30. Interim remedies
31. Final remedies
32. Monetary awards
33. Discretionary refusal of final remedies