* Judicial Review: Principles and Procedure 2nd ed

NOT YET PUBLISHED

Written by three experienced practitioners, this definitive work provides unrivalled analysis and guidance on the law of judicial review.

Updated with the most relevant and recent case law, this new edition of Judicial Review: Principles and Procedure includes chapters on each of the substantive and procedural grounds on which a claim for judicial review may be brought, including topics such as fairness, consultation, proportionality, and legitimate expectation. It offers detailed treatment of areas such as the public sector equality duty, challenges to administrative policies, challenges to legislation, and common law constitutional rights. The book contains comprehensive coverage of the procedure at each stage of a claim for judicial review, from the pre-action stage to the permission stage and interim remedies, through to the substantive stage, final remedies, and costs. Newly added to this edition are a comprehensive guide to post-Brexit UK-EU Relations Law contributed by Jack Williams, and a guide to the use of international law in judicial review contributed by Sean Aughey-both of which ensure that the book provides a uniquely full treatment of all of the issues which might be encountered in practice.

The volume's accessible format allows readers easily to access the law on specific points, making it an indispensable reference for barristers, solicitors, public sector organisations, and legal libraries.

• Provides a detailed analysis of the legal, practical, and procedural issues that may arise in a claim for judicial review
• Carefully structured to provide comprehensive and practical guidance on each successive stage of a claim
• Written by three experienced barristers with extensive hands-on experience in the field

New to this Edition:

• Offers fresh insights into matters like the duty of candour and evidence in judicial review which have become increasingly important in practice since the first edition
• Includes new chapters on the use of post-Brexit UK-EU Relations Law and international law in judicial review, contributed by experts in the field
• Provides full and up-to-date treatment of all relevant recent case law, including relevant Supreme Court judgments,

table of content

PART I: THE BASIS FOR AND SCOPE OF JUDICIAL REVIEW

1:The legal and theoretical bases for judicial review

2:Scope of judicial review

 

PART II: JUDICIAL REVIEW AND THE HUMAN RIGHTS ACT 1998, UK-EU RELATIONS, AND INTERNATIONAL LAW

3:The Human Rights Act 1998 and judicial review

4:UK-EU relations law and judicial review

5:Public international law and foreign relations in judicial review

 

PART III: PROCEDURAL GROUNDS OF CHALLENGE

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:Notice of and reasons for decisions

 

PART IV: SUBSTANTIVE GROUNDS OF CHALLENGE

12:Sources and scope of public bodies' power and duties

13:Acting outside scope of powers and duties

14:Failing to comply with duties or to exercise powers

15:Relevant, irrelevant, and permissable considerations

16:Public sector equality duty

17:Unauthorised or improper purposes

18:Irrationality and unreasonableness

19:Proportionality

20:Legitimate expectations

21:Errors of fact

22:Policies, guidance, and non-statutory schemes

23:Challenges to legislation

24:Common law constitutional rights

 

PART V: PROCEDURE AND REMEDIES

25:Introduction to judicial review procedure

26:Claims for which judicial review procedure must or may be used

27:The parties

28:The pre-action stage

29:Bringing the claim and initial responses to the claim

30:Evidence, the duty of candour, and disclosure

31:The permission decision

32:Interim remedies

33:The substantive stage

34:Appeals

35:Costs

36:Final remedies