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Judicial Review: Principles and Procedure

ISBN13: 9780199545094
Published: March 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £265.00

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Wildy's Book of the Month: April 2013

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.

In addition, 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 is concisely 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 relevant topic.

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 in practice.

  • A substantial new work offering a fresh treatment of the substantive law and procedural issues involved in bringing and defending claims for judicial review
  • Includes detailed analysis of emerging grounds of review, such as delay on the part of public bodies, error of fact, and the public sector equality duty, as well as all the latest developments in procedural fairness
  • Carefully structured to provide comprehensive and practical guidance on each successive stage of a claim
  • Written by a team of leading barristers, with a contribution on EU law from Marie Demetriou QC of Brick Court Chambers

Judicial Review
Section 1
1: The legal and theoretical bases for judicial review
2: Scope of judicial review
3: Effect of unlawful decisions

Section 2
4: The Human Rights Act 1998 and judicial review
5: European Union law and judicial review

Section 3
6: Procedural fairness: general issues
7: Procedural fairness: specific requirements
8: Consultation
9: Bias, predetermination and independence
10: Delay on the part of public bodies
11: Reasons

Section 4
12: Identifying powers and duties and ascertaining their scope
13: Acting outside the scope of powers and duties
14: Failing to exercise powers or to comply with duties
15: Relevant, irrelevant and permissible considerations
16: The public sector equality duty
17: Unauthorised or improper purposes
18: Irrationality and unreasonableness
19: Proportionality
20: Legitimate expectation
21: Errors of fact

Section 5
22: Policies, guidance and non-statutory schemes
23: Challenges to legislation

Section 6
24: Claims for which the judicial review procedure must or may be used
25: The parties
26: The initial stages
27: The permission stage
28: The substantive stage

29: Costs
Section 7
30: Interim remedies
31: Final remedies
32: Monetary awards
33: Discretionary refusal of final remedies;