Written by three experienced practitioners, this definitive work provides unrivalled analysis and guidance on the law of judicial review.
Updated with the most relevant and recent case law, this new edition of Judicial Review: Principles and Procedure includes chapters on each of the substantive and procedural grounds on which a claim for judicial review may be brought, including topics such as fairness, consultation, proportionality, and legitimate expectation. It offers detailed treatment of areas such as the public sector equality duty, challenges to administrative policies, challenges to legislation, and common law constitutional rights. The book contains comprehensive coverage of the procedure at each stage of a claim for judicial review, from the pre-action stage to the permission stage and interim remedies, through to the substantive stage, final remedies, and costs. Newly added to this edition are a comprehensive guide to post-Brexit UK-EU Relations Law contributed by Jack Williams, and a guide to the use of international law in judicial review contributed by Sean Aughey-both of which ensure that the book provides a uniquely full treatment of all of the issues which might be encountered in practice.
The volume’s accessible format allows readers easily to access the law on specific points, making it an indispensable reference for barristers, solicitors, public sector organisations, and legal libraries.
- Provides a detailed analysis of the legal, practical, and procedural issues that may arise in a claim for judicial review
- Carefully structured to provide comprehensive and practical guidance on each successive stage of a claim
- Written by three experienced barristers with extensive hands-on experience in the field
New to this Edition:
- Offers fresh insights into matters like the duty of candour and evidence in judicial review which have become increasingly important in practice since the first edition
- Includes new chapters on the use of post-Brexit UK-EU Relations Law and international law in judicial review, contributed by experts in the field
- Provides full and up-to-date treatment of all relevant recent case law, including relevant Supreme Court judgments
| Chapters | Contents |
|---|---|
| PART I: THE BASIS FOR AND SCOPE OF JUDICIAL REVIEW | |
| Chapter 1 | The legal and theoretical bases for judicial review |
| Chapter 2 | Scope of judicial review |
| PART II: JUDICIAL REVIEW AND THE HUMAN RIGHTS ACT 1998, UK-EU RELATIONS, AND INTERNATIONAL LAW | |
| Chapter 3 | The Human Rights Act 1998 and judicial review |
| Chapter 4 | UK-EU relations law and judicial review |
| Chapter 5 | Public international law and foreign relations in judicial review |
| PART III: PROCEDURAL GROUNDS OF CHALLENGE | |
| Chapter 6 | Procedural fairness: general issues |
| Chapter 7 | Procedural fairness: specific requirements |
| Chapter 8 | Consultation |
| Chapter 9 | Bias, predetermination, and independence |
| Chapter 10 | Delay on the part of public bodies |
| Chapter 11 | Notice of and reasons for decisions |
| PART IV: SUBSTANTIVE GROUNDS OF CHALLENGE | |
| Chapter 12 | Sources and scope of public bodies’ power and duties |
| Chapter 13 | Acting outside scope of powers and duties |
| Chapter 14 | Failing to comply with duties or to exercise powers |
| Chapter 15 | Relevant, irrelevant, and permissible considerations |
| Chapter 16 | Public sector equality duty |
| Chapter 17 | Unauthorised or improper purposes |
| Chapter 18 | Irrationality and unreasonableness |
| Chapter 19 | Proportionality |
| Chapter 20 | Legitimate expectations |
| Chapter 21 | Errors of fact |
| Chapter 22 | Policies, guidance, and non-statutory schemes |
| Chapter 23 | Challenges to legislation |
| Chapter 24 | Common law constitutional rights |
| PART V: PROCEDURE AND REMEDIES | |
| Chapter 25 | Introduction to judicial review procedure |
| Chapter 26 | Claims for which judicial review procedure must or may be used |
| Chapter 27 | The parties |
| Chapter 28 | The pre-action stage |
| Chapter 29 | Bringing the claim and initial responses to the claim |
| Chapter 30 | Evidence, the duty of candour, and disclosure |
| Chapter 31 | The permission decision |
| Chapter 32 | Interim remedies |
| Chapter 33 | The substantive stage |
| Chapter 34 | Appeals |
| Chapter 35 | Costs |
| Chapter 36 | Final remedies |
About the Authors :
Jonathan Moffett KC, Barrister, 11 King’s Bench Walk Chambers, Jonathan Auburn KC, Barrister, 11 King’s Bench Walk Chambers, and Andrew Sharland KC, Barrister, 11 King’s Bench Walk Chambers
Jonathan Moffett KC is a leading public law silk, with over 25 years’ practical experience in the field. He has argued judicial review cases at all levels up to the Supreme Court and the European Court of Human Rights, and he is recommended by both Chambers & Partners and the Legal 500 as a leading practitioner in administrative and public law, local government law, and education law. Mr Moffett sits in the Administrative Court as a Deputy High Court Judge, and as a Recorder in the Crown Court. He is a former Chair of the Constitutional and Administrative Law Bar Association.
Jonathan Auburn KC is recognised as a leading public law silk, recommended by both Chambers & Partners and the Legal 500 as a leading practitioner in administrative and public law, local government law, community care law, education law, and mental capacity (Court of Protection). He sits as a Recorder in the Crown Court.
Andrew Sharland KC is recommended as a leading silk in Chambers and Partners and/or Legal 500 in public law and human rights, local government law, community care law, education law, information law, and public inquiries and inquests. He has been nominated as public law silk of the year by Legal 500. He practices in domestic, European and Commonwealth courts. He is also co-author of Media Law and Human Rights (OUP 2009).
Contributors:
Jack Williams, Barrister at Monckton Chambers
Sean Aughey, Barrister at Essex Court Chambers
