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Vol 21 No 11 Nov/Dec 2016

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Judicial Remedies in Public Law 5th ed


ISBN13: 9780414045354
Previous Edition ISBN: 9781847032218
Published: December 2014
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £174.00



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Judicial Remedies in Public Law provides unrivaled coverage of the full range of judicial remedies available to litigants in public law cases, from judicial review to those which are less common, such as habeas corpus.

What's new in this edition

  • Changes to the Judicial review procedure including time-limits, protective costs orders, disclosure and the duty of candour costs, and the areas to which judicial review applies
  • New chapter on judicial review and the Upper Tribunal
  • Developments in the scope of judicially reviewable acts
  • New chapter on procedure and remedies for enforcing rights under the Human Rights Act 1998
  • Major changes in relation to appeals and statutory applications with the development of the new Tribunal System
  • Changes in the law on liability of public authorities in negligence and for restitutionary claims
  • Major changes in the rules governing judicial review claims for breach of EU law
Key features:

  • Fully updated analytical text covering major developments in legislation, case law, practice and procedure
  • Deals with the current scope, procedure and practice of judicial review and other public law remedies
  • Introductory sections consider the situations in which judicial review is available followed by chapters dealing with the legal consequences of a successful judicial review application
  • Goes through the range of remedies available, from prerogative remedies, declaratory relief to habeas corpus
  • Deals in full with the procedures for bringing a claim of judicial review under the Civil Procedure Rules and the Human Rights Act 1998

Subjects:
Judicial Review, Courts and Procedure
Contents:
Introduction.
Availability of Judicial Review.
Choice of Forum and the Exclusivity of Judicial Review Proceedings in Public Law.
Judicially Reviewable Acts and Omissions.
Invalidity, Partial Invalidity and Severance.
The Prerogative Remedies:
Quashing Orders,
Prohibiting Orders and Mandatory Orders.
Declarations.
Injunctions.
Machinery of Judicial
Review.
Standing.
Discretion of the Court to Refuse a Remedy and the Exclusion of Judicial Review.
Habeas Corpus.
Appeals and Statutory Applications.
Damages and the Principles Governing Public Authority Liability.
Remedies for the Enforcement of EU Law in National Courts.
References to the European Court for a Preliminary Ruling under Art.234EC