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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Administrative Court: Practice and Procedure

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Edited by: Beverley Lang, Gerard Clarke, David Pannick, Lord Lester of Herne Hill

ISBN13: 9780421905009
ISBN: 042190500X
Published: August 2006
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Administrative Court: Practice and Procedure is a detailed practice manual that gives practitioners dealing with the Administrative Court access to highly authoritative guidance on the procedures involved in bringing a case before the court.

Written by authors with unparalleled experience and authority in this field, it provides the assurance that procedures will be followed correctly, identifies areas where problems can occur, and supplies a wealth of practical tools to ensure smooth running of cases

  • Provides best-practice guidance on all procedural matters relating to the Administrative Court
  • Covers in full the processes and procedures of judicial review
  • Deals with procedures for all other aspects of the court's workload (statutory appeals, statutory applications, case stated, etc)
  • Includes practical advice on how to negotiate the procedures effectively
  • Features a comprehensive set of precedents and court forms
  • Analyses case law in-depth
  • Sets out all relevant legislation, procedural rules and practice directions

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Constitutional and Administrative Law, Judicial Review, Courts and Procedure
1. Introduction and overview
Supreme Court Act 1981, RSC O.53, the Crown Office and the Divisional Court, replaced by CPR Pt 54, the Administrative Court Office and the Administrative Court. Sources of information about practice and procedure (books and internet sites).
2. Overview of the jurisdiction of the Administrative Court.
Judicial review (when is it appropriate to proceed by way of judicial review rather than by claim to the QBD), statutory appeals and applications, case stated.
3. The Administrative Court and the Administrative Court Office
Structure, Judges, personnel, how they operate
Master of the Crown Office
Practice Directions
A Judicial review
4. Pre-action procedure
Pre-action protocol, timing and delay, identifying appropriate claimant/s with sufficient interest, group claims, identifying appropriate defendant/s, interested parties, identifying the decision to be reviewed, alternative remedies, funding.
5. Commencing a claim
Contents of claim form, evidence in support, human rights and devolution issues, accompanying documents, preparation of bundle, urgent applications.
6. Acknowledgment of Service
Purpose, contents, application for directions, effect of failing to file an acknowledgment of service
7. Determination of the application for permission
The test applied, procedure, renewal of permission application, listing, adjournment, transfer to another division of High Ct., costs.
8. Interim relief
Injunctions, declarations, stays, bail
9. From permission to the hearing
Defendant's detailed statement of grounds and evidence, Claimant's evidence in reply, evidence, case management, disclosure, cross examination, preparation of documents for the hearing.
10. Settlement/discontinuance of claim
11. The hearing
Listing, procedure at the hearing, costs
12. Remedies
13. Appeals
14. References to the European Court
15. Procedural table for judicial review claims
(quick reference guide, similar to tables in Atkins Court Forms & Supperstone and Knapman)
16. Relevant legislation & CPR, pre-action protocol
17. Court Forms and precedents
18. Practice Directions
B Statutory Appeals
19. Introduction, overview, and schedule of statutory appeals to Administrative Court, listing governing legislation and procedural provisions.
20. Procedure for appeals to a single Judge of the Administrative Court.
21. Procedure for appeals to the Divisional Court.
22. Relevant legislation
23. Relevant procedural rules and practice directions
24. Court forms and precedents
C Statutory applications
25. Schedule of statutory applications to Administrative Court, listing governing legislation and procedural provisions.
26. Procedure for applications to a single Judge of the Administrative Court.
27. Procedure for Appeals to the Divisional Court.
28. Relevant legislation
29. Relevant procedural rules and practice directions
30. Court forms and precedents
D Case Stated
31. Case stated by Magistrates
32. Case Stated by Crown Court
33. Case Stated by Minister, Tribunals and Other Persons
34. Relevant legislation
35. Relevant procedural rules and practice directions
36. Court forms and precedents