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Judicial Review: A Practical Guide 3rd edition

This handbook aims to be the first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings.
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£85.00
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Free delivery for UK
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ISBN/ISSN: 9781784730963

Product description

Why you should buy Judicial Review: A Practical Guide

From initial instructions to appeals and costs, the authors guide the reader through each step of the court process, and provide extensive case examples drawn from a broad range of claims. This readable and concise work includes procedural checklists and a library of precedents.

This new edition has been significantly amended to take account of developments in law and practice, including:

  • Changes introduced by the Criminal Justice and Courts Act 2015;
  • The new Administrative Court Judicial Review Guide 2017;
  • Development of the Unified Tribunal system with transfers of judicial reviews;
  • Increasing understanding of the impact of the Human Rights Act;
  • Limitations upon judicial review in the context of immigration;
  • Ongoing case law developments;
  • Changes to Appeals (CPR Pt 52);
  • Developments in costs and funding.

This readable and concise work includes procedural checklists and a library of precedents, together with all the main legislative and judicial materials.

Market

Solicitors and barristers practising in all areas affected by judicial review.

Foreword

Judicial Review, which involves the supervision by the courts of the legality of our public administration, is one of the bulwarks ensuring that the freedoms and rights of those living in England and Wales are upheld. Critical public law controls are exercised by the judiciary over the executive – namely, the departments of state that are run by ministers, as well as local authorities and quangos. When public powers, created or recognised by law, are exercised by executive government, these have legal limits and it is for the courts to ensure that what happens is lawful. Read the full foreword...

Preface

Since the last edition of this book, judicial review has continued to play a unique constitutional role in enabling the courts to determine whether government is acting lawfully. For example, the ‘Brexit’ judicial review enabled the courts to prevent the executive restricting the proper role of Parliament. That is not undemocratic as it is merely requiring decision-makers to act lawfully. Read the full preface...

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Table of contents

  • Foreword
  • Preface
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Table of European and International Material
  • Part I - Law and Practice
    • The Scope of the High Court’s Jurisdiction to Consider Claims for
      Judicial Review
    • Grounds of Challenge in Judicial Review Claims
    • Matters to be Considered Before Applying for Judicial Review
    • Steps to be Taken Before Applying for Judicial Review
    • Procedure for Bringing a Claim for Judicial Review in the High Court
    • Jurisdiction of the Upper Tribunal to Consider Judicial Review
    • Orders for Interim Relief available from the Administrative Court
      During a Judicial Review Claim
    • Relief Available at the End of Judicial Review Proceedings
    • Appeal Procedure
    • Costs
  • Part II - Procedural Checklist
  • Part III - Forms and Precedents
  • Part IV - Legislation, Guidance and Protocol
  • Index

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