Judicial Review: Principles and Procedure

Hardcover | April 28, 2013

byJonathan Auburn, Jonathan Moffett, Andrew Sharland

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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, Judicial Review: Principles and Procedure includes 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. Inaddition, 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 isconcisely 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 relevanttopic. 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 inpractice.

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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, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as proc...

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 ...
Format:HardcoverDimensions:936 pagesPublished:April 28, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019954509X

ISBN - 13:9780199545094

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Table of Contents

Section 11. The legal and theoretical bases for judicial review2. Scope of judicial review3. Effect of unlawful decisionsSection 24. The Human Rights Act 1998 and judicial review5. European Union law and judicial reviewSection 36. Procedural fairness: general issues7. Procedural fairness: specific requirements8. Consultation9. Bias, predetermination and independence10. Delay on the part of public bodies11. ReasonsSection 412. Identifying powers and duties and ascertaining their scope13. Acting outside the scope of powers and duties14. Failing to exercise powers or to comply with duties15. Relevant, irrelevant and permissible considerations16. The public sector equality duty17. Unauthorised or improper purposes18. Irrationality and unreasonableness19. Proportionality20. Legitimate expectation21. Errors of factSection 522. Policies, guidance and non-statutory schemes23. Challenges to legislationSection 624. Claims for which the judicial review procedure must or may be used25. The parties26. The initial stages27. The permission stage28. The substantive stage29. CostsSection 730. Interim remedies31. Final remedies32. Monetary awards33. Discretionary refusal of final remedies