Subjects:

Constitutional and Administrative Law, Practice & Procedure, Judicial Review

Contents:

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

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