Judicial Review Principles and Procedure

by Auburn, Jonathan; Moffett, Jonathan; Sharland, Andrew; McManus QC, Richard

• ISBN13: 9780199545094
• ISBN10: 019954509X
• Format: Hardcover
• Copyright: 2013-05-19
• Publisher: Oxford University Press

Summary

Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners at a leading public law set,Judicial Review: Principles and Procedureincludes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.

Author Biography

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

Section 1
1. The legal and theoretical bases for judicial review
2. Scope of judicial review
3. Effect of unlawful decisions
Section 2
4. The Human Rights Act 1998 and judicial review
5. European Union law and judicial review
Section 3
6. Procedural fairness: general issues
7. Procedural fairness: specific requirements
8. Consultation
9. Bias, predetermination and independence
10. Delay on the part of public bodies
11. Reasons
Section 4
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
19. Proportionality
20. Legitimate expectation
21. Errors of fact
Section 5
22. Policies, guidance and non-statutory schemes
23. Challenges to legislation
Section 6
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
29. Costs
Section 7
30. Interim remedies
31. Final remedies
32. Monetary awards
33. Discretionary refusal of final remedies