Resources

Category: Conference papers


  • photo for The duty of candour: Where are we now?

    The duty of candour: Where are we now?

    December 1 2017 | Conference papers | By Iain Steele

    The underlying principle is that a public authority’s objective should not be to win the case at all costs, but to assist the court in its role of ensuring the lawfulness of the decision under challenge, with a view to upholding the rule of law and improving standards in public administration

  • photo for Top public law cases of the year

    Top public law cases of the year

    November 22 2017 | Conference papers | By Naina Patel, Alison Pickup, Nusrat Zar

    The number and diversity of public law cases is now such that a review of the year can only hope to cover a small sample of these. The selection of cases below (from September 2016 to August 2017) necessarily reflects our personal choices, and no doubt, there are many others that could have been included. We have each picked three cases. They are summarised below in chronological order, with some detail.

  • photo for Judicial Review of the Regulators

    Judicial Review of the Regulators

    November 22 2017 | Conference papers | By Andrew Lidbetter and Jasveer Randhawa

    This paper of regulatory case summaries accompanied the 2017 seminar, which was an update on the application of judicial review principles to the regulators across a range of commercial sectors, and focuses on recent cases and also particular trends.

  • photo for Armed Drones and Judicial Review

    Armed Drones and Judicial Review

    January 5 2017 | Conference papers | By Sean Aughey

    The UK Government’s use of remotely-piloted armed Reaper drones to conduct lethal strikes abroad, without placing the operator at risk of injury or capture, has given rise to considerable concerns of legality, transparency and accountability. Armed drones are not prohibited weapons under international law. However, drone strikes raise serious legal issues, which differ depending on the circumstances in which strikes are carried out.

  • photo for Applications to the Attorney-General and s13 of the Coroners Act 1988

    Applications to the Attorney-General and s13 of the Coroners Act 1988

    December 9 2016 | Conference papers | By Emma Norton

    There are essentially two ways in which a person may challenge the sufficiency of inquest proceedings or a decision by a coroner not to hold an inquest at all. The first and most obvious is by way of judicial review proceedings. The second is by way of a s13 application under the Coroners Act 1988.This paper will briefly consider the law and procedure pertaining to applications to the Attorney-General for a fiat and applications to the High Court pursuant to s13 of the Coroners Act 1988.

  • photo for Public law, public inquiries and public accountability

    Public law, public inquiries and public accountability

    December 8 2016 | Conference papers | By Jesse Nicholls

    This paper considers some of the obligations and powers under which the State comes to investigate deaths, incidents of serious harm and abuse, and other forms of wrongdoing. These obligations and powers can, in limited circumstances, be used in judicial review proceedings to challenge decisions of Government and other public authorities on whether to conduct an investigation, and, if so, what form of investigation is required

  • photo for Investigatory Powers Bill, the Prevent duty, state secrecy and fundamental rights

    Investigatory Powers Bill, the Prevent duty, state secrecy and fundamental rights

    December 8 2016 | Conference papers | By Adam Straw

    On 11 October 2016 the IPB passed the report stage, which leaves only the third reading before royal assent. It is likely to become law in January 2017. The Bill is an unprecedented legislative assault on privacy. Although it is welcome in that it seeks to regulate what the authorities have been doing anyway without any formal legal basis, it contains incredibly far-reaching powers with insufficient oversight.

  • photo for Human Rights in the Court of Protection

    Human Rights in the Court of Protection

    November 17 2016 | Conference papers | By Fiona McGhie & Rhys Hadden

    The introduction of the Deprivation of Liberty Safeguards (“DoLS”) to the MCA 2005 on 1 April 2009 imposed a statutory responsibility on local authorities to oversee and operate a scheme to lawfully deprive the liberty of adults who lack the capacity to consent to arrangements made for their care or treatment in either hospitals or care home in their own best interests.

  • photo for Data Protection in 2016

    Data Protection in 2016

    November 17 2016 | Conference papers | By Stephen Cragg QC

    There have been rapid technological developments and the scale of data sharing and collection has increased dramatically. Intelligent technology allows private and state use of personal data on an unprecedented scale. There is a wide variation in national implementation of Directive 95/46/EC, and a need to do away with legal uncertainty and current costly fragmentation.

  • photo for Opening address to PLP's 2016 conference

    Opening address to PLP's 2016 conference

    November 11 2016 | Conference papers | By Sir Ernest Ryder

    The next six years marks out the most ambitious period of change since the Judicature Acts of the 1870s. The aim that the Lord Chief Justice and I have agreed with the Lord Chancellor is quite simply to strengthen the rule of law. The reform programme that was announced this last month is a breathtaking £1bn investment project.

  • photo for Top Public Law Cases of the Year 2016

    Top Public Law Cases of the Year 2016

    November 2 2016 | Conference papers | By Monica Carss-Frisk QC, Iain Steele & Nusrat Zar

    The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases here (from September 2015 to August 2016) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked three cases. They are summarised in chronological order.

  • photo for Top Public Law Cases of the Year 2016 (July)

    Top Public Law Cases of the Year 2016 (July)

    August 3 2016 | Conference papers | By Emma Dowden-Teale & Rhiannon Jones

    These are a set of slides to accompany a presentation by Emma Dowden-Teale, Bates Wells Braithwaite & Rhiannon Jones, Lester Morrill Solicitors for PLP's North conferecne, 14 July 2016.



  • photo for The postive duties on the state to investigate trafficking and protect victims

    The postive duties on the state to investigate trafficking and protect victims

    July 15 2016 | Conference papers | By Catherine Meredith

    This presentation looks at the core duties to investigate, identify, and protect; the source of those duties; and their application in situations where the police and the Home Office are most likely to come into contact with victims - enforcement action, immigration crime raids, police stations, prisons, detention centres, screening, immigration procedures, and visa posts.

  • photo for Public law in public spaces

    Public law in public spaces

    July 15 2016 | Conference papers | By James Stark

    In the last 20 years or so Parliament has provided a rash of purportedly civil remedies to address various types of nuisance or anti-social behaviour. This began with housing ASB injunctions under the Housing Act 1996 which were significantly extended by the Anti-Social Behaviour Act 2003, the ASBO of the Crime and Disorder Act 1998 which whilst originally a stand alone civil remedy became most used after sentencing from criminal offences that constituted such behaviour, to follow have been gang related violence (and now drug dealing) injunctions and there have been or are a number of others such as football banning orders.

  • photo for Investigating the Investigators

    Investigating the Investigators

    June 24 2016 | Conference papers | By Heather Williams QC

    This paper considers the opportunities for legal redress under the Human Rights Act 1998 (“HRA”) where police fail to carry out their investigative responsibilities. The main focus is on the claims available to victims of serious crimes against the person. However, I also examine briefly the position of those accused of crimes who experience delay in their exoneration as a result of incompetent investigation.

  • photo for Investigating the NHS and Defending Patient Safety

    Investigating the NHS and Defending Patient Safety

    June 24 2016 | Conference papers | By Jesse Nicholls

    Mid-Staffordshire, Morecambe Bay, Winterbourne View, Southern Health. Sadly the NHS is far from immune from preventable deaths, individual and systemic abuse, and deficient investigations into its own failings. The need for effective systems that will prevent death and serious harm, protective duties that require staff to take operational measures to protect those in their care, and robust, searching investigations into deaths and incidents of mistreatment are needed in healthcare and clinical settings now more than ever.

  • photo for THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (1)

    THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (1)

    May 12 2016 | Conference papers | By Henrietta Hill QC

    The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.

  • photo for THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (2)

    THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (2)

    May 12 2016 | Conference papers | By Adam Straw

    The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.

  • photo for Article 14: Discrimination in State Benefit Cases

    Article 14: Discrimination in State Benefit Cases

    November 6 2015 | Conference papers | By Jamie Burton

    There are no enforceable economic, social or cultural rights in the UK. Although the UK has ratified ICESCR it has not been incorporated into domestic law and the ECHR is of course primarily concerned with civil and political rights. Therefore it is generally uncontroversial that there are no rights to state benefits or social security in the UK. The attempts that have been made to infer such rights under ECHR have largely failed.

  • photo for Social Security Salami Slicing: What's Left to Cut?

    Social Security Salami Slicing: What's Left to Cut?

    November 6 2015 | Conference papers | By Mike Spencer

    The current Government was elected on a promise to cut £12 billion from the social security budget. Detailed plans were announced post-election in the July 2015 Summer Budget and legislation has been published in the form of the Welfare Reform and Work Bill (‘the Bill’). This paper considers whether proposals, as currently drafted, are lawful and specifically whether current measures in the Bill comply with domestic and international law.

  • photo for Why Henry VIII Clauses Should be Consigned to the Dustbin of History

    Why Henry VIII Clauses Should be Consigned to the Dustbin of History

    November 6 2015 | Conference papers | By Richard Gordon QC

    The Government sometimes adds a provision to a Bill which enables the Government to repeal or amend it after it has become an Act of Parliament. The provision enables the amendment of primary legislation using delegated (or secondary) legislation. Such provisions are known as ‘Henry VIII clauses’. To students of ‘1066 and All That’ Henry VIII was a dangerous tyrant and ‘a bad thing’. In 1539 he persuaded a supine parliament to pass the Statute of Proclamations giving the king's decisions the same force as acts of the legislature; hence the name Henry VIII clause.

  • photo for Top Public Law Cases of the Year

    Top Public Law Cases of the Year

    October 22 2015 | Conference papers | By Joanna Ludlam, Naina Patel & Iain Steele,

    The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases below (from September 2014 to July 2015) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked four cases. They are summarised below in chronological order.

  • photo for Future proofing: Running human rights arguments under the common law

    Future proofing: Running human rights arguments under the common law

    October 22 2015 | Conference papers | By Adam Straw

    There have been lots of exciting things going on in the courts recently regarding the constitution and fundamental rights. Michael Fordham QC has delivered an overview of these changes in his earlier talk. This seminar aims to fill in the detail. It outlines the recent changes and argues that there is as yet no certainty that a repeal of the HRA will make no difference. It gives suggestions for what may be done now to try to enhance the protection of fundamental rights by the common law and to safeguard your cases from the potential repeal of the Human Rights Act.

  • photo for Private Law Claims under Article 2 & 3 ECHR

    Private Law Claims under Article 2 & 3 ECHR

    July 10 2015 | Conference papers | By Heather Williams QC & Jesse Nicholls

    This paper considers how to use the protective and investigative obligations under Articles 2 and 3 in private law claims to secure accountability where public authorities fail to protect people in their care, fail to investigate and protect people against risks posed by other private individuals, or fail to investigate violations of the state's duty to protect people from death and serious harm.

  • photo for Extra-territorial accountability

    Extra-territorial accountability

    July 10 2015 | Conference papers | By Nikolaus Grubeck

    This is the powerpoint accompanying a presentation by Nikolaus Grubeck on extra-territorial accountability. The presentation covered the scope of extra-territorial accountability; issues and degrees of involvement; causes of action; jurisdiction; applicable law; defences and a discussion of practicalities.

  • photo for Private law claims in immigration detention cases

    Private law claims in immigration detention cases

    July 1 2015 | Conference papers | By Alison Pickup, Martha Spurrier & Harriet Wistrich

    This paper covers some of the key issues that arise in private law immigration detention claims, as opposed to public law claims. It is not exhaustive but aims to provide an overview of the points that lawyers bringing civil claims need to be aware of. The session is intended to be discursive and we are happy to deal with any questions or conundrums as we go along, either arising out of the areas covered below, or relating to other issues that come up in immigration detention civil claims.

  • photo for Environmental Damages

    Environmental Damages

    June 26 2015 | Conference papers | By Richard Moules

    This document addresses civil remedies to enforce UK environmental law with emphasis on private law claims (public and private nuisance, Rylands v Fletcher liability and negligence) and damages under the Human Rights Act 1998. It also covers the impact of the Aarhus Convention on procedural issues relevant to private law environmental claims, including costs protection and access to environmental information.



  • photo for The European Charter on Fundamental Rights

    The European Charter on Fundamental Rights

    October 20 2014 | Conference papers | By Hugh Southey QC

    The European Charter on Fundamental Rights is increasingly being relied on in judicial review. However there is some confusion about what it is and when it can be relied upon. This talk / paper will attempt to clarify some of the key issues.

  • photo for Judicial Review Reforms Update

    Judicial Review Reforms Update

    October 14 2014 | Conference papers | By Zahra Al-Rikabi

    This Power Point accompanies a talk Given by Zahra (with Mike Fordham QC) on Judicial Review Reforms Update. It looks at current changes, what is proiposed and what it means for practitioners.

  • photo for Using Judicial Review in Immigration Cases

    Using Judicial Review in Immigration Cases

    August 14 2014 | Conference papers | By Lucy Mair and Sarah Daley

    This presentation and related materials cover the use of judicial review in immigration cases, including:

    • The implications of the transfer of most immigration judicial reviews to the Upper Tribunal

    • The increasing use of judicial review as the only remedy in cases where clients have no right of appeal

    • The use of strategic judicial review litigation to challenge the new interpretation of and validity of the new immigration rules post 9 July 2012 (including in relation to Article 8)

    • Major changes in the field which will be wrought when the Immigration Act 2014 comes fully into force

  • photo for Pre-Permission Costs: Reducing the risk of non-payment

    Pre-Permission Costs: Reducing the risk of non-payment

    August 14 2014 | Conference papers | By Karen Ashton and Anne McMurdie

    This paper and related presentation examines the anticipated impact of the new regulations which remove entitlement to payment by legal aid for costs in judicial review where either the case ends prior to permission being granted or permission is refused.

  • photo for Obtaining exceptional funding under LASPO - is it worth applying?

    Obtaining exceptional funding under LASPO - is it worth applying?

    August 14 2014 | Conference papers | By Carol Storer and Tom Royston

    Exceptional funding will only be available to people whose human rights or European Union rights



    would be breached if they did not have legal aid. The Government intends this to be a high threshold and envisages that only a small number of cases will get exceptional funding. This paper and workshop notes examines when your case may be eligible for exceptional funding, and what you need to show to obtain it.

  • photo for Ombudsman remedies: creative hybrid or curates egg?

    Ombudsman remedies: creative hybrid or curates egg?

    May 12 2014 | Conference papers | By John Halford and Caroline Robinson

    All the public sector Ombudsmen have a power to make recommendations as to how the injustice arising out of any maladministration they identify may be remedied. This paper and appendix discusses what remedies an Ombudsman complaint can secure and how to make effective us of the schemes.

  • photo for Learning the lessons from the cutting edge: The Mau Mau case

    Learning the lessons from the cutting edge: The Mau Mau case

    May 12 2014 | Conference papers | By Daniel Leader

    The Mau Mau case made legal history in 2013 when the British Government compensated and issued an apology to 5,000 Kenyans who had been tortured whilst detained by the British colony prior to independence in 1963. This paper outlines the factual and legal issues which arose in the course of the litigation.

  • photo for Damages in Judicial Review The Commercial Context

    Damages in Judicial Review The Commercial Context

    May 9 2014 | Conference papers | By Charles Brasted

    This article highlights the possible effect of the introduction of a damages remedy on commercial entities, both as would-be claimants and as potential defendants (or interested parties), and on public authorities engaged in the commercial sector.

  • photo for Privacy and Data Protection: The Legal Framework

    Privacy and Data Protection: The Legal Framework

    April 25 2014 | Conference papers | By Kirsten Sjøvoll

    Obtaining and disclosing information gives rise to a number of potential legal issues. In addition to possible criminal penalties, there are a number of civil causes of action which may be available to those who feel their private or personal information has been unlawfully obtained, stored, or used. This paper discusses these causes of action.

  • photo for Special educational needs disputes and mediation

    Special educational needs disputes and mediation

    April 17 2014 | Conference papers | By Margaret Doyle

    This paper aims to give a general overview of the use of mediation in the context of challenges against local authority decisions by parents of children with special educational needs (SEN). It briefly describes the main external mechanisms (as opposed to internal complaints procedures) for resolving or determining SEN disputes.

  • photo for Just satisfaction claims for individuals under HRA

    Just satisfaction claims for individuals under HRA

    April 17 2014 | Conference papers | By Tim Eicke QC

    The award of just satisfaction is not an automatic consequence of a finding by the

    European Court of Human Rights that there has been a violation of a right guaranteed by the

    European Convention on Human Rights or its Protocols. This paper sets out the formal and substantive requirements for submitting claims for just satisfaction.

  • photo for Freedom of Information and Information Law Issues

    Freedom of Information and Information Law Issues

    January 20 2014 | Conference papers | By Tim Pitt-Payne QC

    This paper and the associated audio file deals with rights of access to information held by public authorities – especially under the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”);

    It also covers judicial review in information privacy cases about the retention/disclosure of information by public authorities, involving Data Protection Act 1998 (“DPA”) and/or Article 8 of the Convention.

  • photo for A Year in Judicial Review 2013

    A Year in Judicial Review 2013

    November 8 2013 | Conference papers | By Nathalie Lieven QC

    There are by now so many JR cases, which cover such a broad range of topics that a talk such as this is necessarily nothing more than a personal choice, and cannot hope to be comprehensive. What is set out below is merely a few cases from 2013 which may be of general interest. There will be many others which are relevant to your particular cases and practices.

  • photo for Costs in Public Law

    Costs in Public Law

    November 8 2013 | Conference papers | By Vikram Sachdeva

    The following topics will be covered in this lecture:
    a. Recovery of inter partes costs in judicial review.
    b. Costs budgeting.
    c. Protective Costs Orders.
    d. Wasted Costs Orders and Non party costs orders.
    Inter partes

  • photo for WHO GUARDS THE GUARDIANS?

    WHO GUARDS THE GUARDIANS?

    October 14 2013 | Conference papers | By The Rt Hon The Baroness Hale of Richmond

    Lady Hale's address to our Judicial Review Trends and Forecasts conference 2013, on October 14. The address looks at standing, interventions and costs.

  • photo for Ombudsman v JR

    Ombudsman v JR

    July 17 2013 | Conference papers | By Sarah Clarke

    With legal aid for JR under threat, practitioners may want to consider alternatives. Ombudsman decisions themselves are amenable to JR. Representations to the Ombudsman are free, claimants don’t need a lawyer - and in a landscape in which the government appears only to be prepared to fund legal advice for itself, that’s of increasing significance.
    Although there are some disadvantages to using the Ombudsman, there are also advantages, both are considered in this paper.

  • photo for Funding and Costs Issues in Judicial Review

    Funding and Costs Issues in Judicial Review

    July 11 2013 | Conference papers | By Ben McCormack and Lisa Richardson

    The government is seeking to apply significant restrictions on funding for JRs (on top of those imposed by LASPO 2012). At the same time, the courts have been clarifying the principles governing costs recovery. This seminar will provide practical tips and advice to help claimant lawyers sustain a JR practice into the future.

  • photo for Judicial Review in Education: A case law update

    Judicial Review in Education: A case law update

    July 11 2013 | Conference papers | By Sarah Hannett

    This talk outlines the most interesting judicial review cases in education in the last 12 months. It addresses the following topics: School transport; GCSE examinations; Eligibility for student funding in higher education; Universities; The Office of the Independent Adjudicator; Costs in judicial review claims in the Upper Tribunal.

  • photo for A Comparative Introduction to Tribunals and Public Law

    A Comparative Introduction to Tribunals and Public Law

    June 4 2013 | Conference papers | By Tim Baldwin

    This paper provides a brief introduction to the history and structure of tribunals in England and Wales and consideration of practical questions, such as: How are tribunals different from higher courts? What features are shared and what features differ, in practice? Where tribunals fit in the context of other public law remedies, and what public law issues apply across tribunal chambers?

  • photo for Judicial Review of age assessment decisions in the Upper Tribunal

    Judicial Review of age assessment decisions in the Upper Tribunal

    June 4 2013 | Conference papers | By Alison Pickup

    Transfer of judicial to the Upper Tribunal in immigration cases is currently limited by statute but, since late 2011, all 'fresh claim' judicial reviews have been transferred to the UT, and many judicial reviews of social services' age assessments are also transferred there. This paper looks at the procedure and practical implications of judicial reviews being considered in the Upper Tribunal (IAC) regarding age assessments.

  • photo for Update on Welsh Constitutional Issues

    Update on Welsh Constitutional Issues

    April 11 2013 | Conference papers | By Theodore Huckle QC, Counsel General to The Welsh Government

    The Government of Wales Act 2006 represents a landmark in Welsh history: formally separating the executive from the legislature in Wales, and providing a host of new powers for Welsh ministers and now, since the 2011 referendum, bringing broad primary legislative power to Wales for the first time in over 500 years.

  • photo for Challenging new infrastructure

    Challenging new infrastructure

    April 8 2013 | Conference papers | By Richard Turney

    This paper takes a practical look at the procedures for consenting new infrastructure in Wales, through the Planning Act 2008 and the Hybrid Bill procedure, and consider the potential areas for challenge (including consultation, strategic environmental assessment and habitats issues) for those opposed to such infrastructure. Through recent case studies, the paper examines the tactics and procedure for such challenges.

  • photo for The Most Important Tribunal Cases of the Year

    The Most Important Tribunal Cases of the Year

    April 6 2013 | Conference papers | By Tim Buley

    This paper reviews the most important cases of the past year, and considers their impact on case law and implications for future appellants.Review of the most important cases of the past year, consideration of their impact on case law and implications for future appellants.

  • photo for Challenging Community Care Decisions after McDonald and KM

    Challenging Community Care Decisions after McDonald and KM

    October 15 2012 | Conference papers | By Stephen Broach and Stephen Cragg QC

    Issues and central principles arising out of both cases, including the assessment duty, the positive obligations owed to disabled people under Article 8 ECHR, the use of the Resource Allocation Schemes to calculate 'indicative budgets', and the duty to meet assessed needs where 'necessary'. The barristers, who between them acted for the claimants in both cases, discuss how the central principles of the cases can and should be applied in future challenges to community care decisions.

  • photo for Law and Policy: Notes

    Law and Policy: Notes

    October 15 2012 | Conference papers | By Raza Husain QC

    What is the difference between policy and law? When is policy law and when is it not law? When does it have to be published? Who decides what it means? How is it enforced? By what standards is compliance with policy measured?


  • photo for Judicial Review: The Future

    Judicial Review: The Future

    October 13 2012 | Conference papers | By Michael Fordham QC

    What does the future hold? Will judicial review continue to expand and innovate? What dramatic new steps will future generations look back on? What cutting-edge issues should practitioners be looking out for?

  • photo for Consultation - the impact of section 149 EA 2010

    Consultation - the impact of section 149 EA 2010

    October 2 2012 | Conference papers | By Ben McCormack

    This paper provides an analysis of Section 149 of the Equality Act 2010, which imposes extensive legal duties on public authorities by requiring them to pay due regard to the need to eliminate discrimination and promote equality with regard to the various 'protected characteristics'. It looks at the impact of Section 149 on the requirement to consult, and the way in which public authority's own financial resources can bear upon the performances of the duty.

  • photo for A Year in Judicial Review 2012

    A Year in Judicial Review 2012

    July 12 2012 | Conference papers | By Matt Stanbury and Ben McCormack

    Ben McCormack and Matt Stanbury of Garden Court North Chambers give a round up of the important cases and decisions of the last twelve months. You can follow their paper to fully enjoy Matt and Ben’s clear, informative, accessible and very entertaining talk. Case analysis includes Julian Assange v Swedish Prosecution Authority, costs in judicial review, and the excitingly titled section ‘Judges, politics, and public sector cuts’.

  • photo for Introduction to Judicial Review

    Introduction to Judicial Review

    July 12 2012 | Conference papers | By Lisa Richardson

    This paper and presentation provide an overview of the basic principles of public law, and the processes and procedures involved in challenging public body decisions.

  • photo for Public Law Reform: An Update on Social Care

    Public Law Reform: An Update on Social Care

    July 12 2012 | Conference papers | By Frances Patterson QC

    This paper proves an overview of the government's promise to reform the adult social care law, following the Law Commission's published proposals for reform of legislation governing care and support for older and disabled people, those with mental health problems and carers. It also analyses the government's response to the Law Commission's recommendations and consideration of the future reform of the law.

  • photo for Judicial Review and Welfare Benefits

    Judicial Review and Welfare Benefits

    July 12 2012 | Conference papers | By Desmond Rutledge

    An analysis of the issue of judicial review and welfare benefits, covering the following topics: social welfare decisions that are amenable to judicial review; delay, financial hardship and interim payments; benefit problems linked to immigration status; the enforcement of overpayments as debts.

  • photo for Prison Law Update 2012

    Prison Law Update 2012

    July 4 2012 | Conference papers | By Pete Weatherby QC

    The author provides the latest developments in public law arising from the prison law sphere, including a look at recent case law and emerging trends.

  • photo for The Issue of Venue for Administrative Court Claims

    The Issue of Venue for Administrative Court Claims

    April 4 2012 | Conference papers | By David Gardner

    This paper explores Practice Direction 54D of the Civil Procedure Rules and the emerging jurisprudence on when it is appropriate for Administrative Court claims to be lodged in the Administrative Court Office in Wales. This paper also provides a guide for practitioners across Wales, as well as in England, on obtaining an Administrative Court hearing as locally as possible.

  • photo for Funding Public Law Challenges

    Funding Public Law Challenges

    April 4 2012 | Conference papers | By Louise Whitfeld and Tim Buley

    This presentation looks at the Legal Aid reforms and the options open to both individuals and organisations seeking to use the Administrative Court - including Protective Costs Orders (PCOs), Conditional Fee Agreement (CFAs), third party funding and the importance of the Bhata judgement for costs recovery in the wake of a public body conceding before hearing.

  • photo for Litigating the Cuts: Recent Cases and Current Themes

    Litigating the Cuts: Recent Cases and Current Themes

    April 4 2012 | Conference papers | By Louise Whitfield

    Louise Whitfield pioneered the use of the equalities duties challenge funding decisions and continues to make ground breaking cases for community groups and NGOs, using the Administrative Court. This paper explores the development of this area through the analysis of recent cases.

  • photo for Getting the Measure of Mental Health

    Getting the Measure of Mental Health

    April 4 2012 | Conference papers | By Eve Piffaretti and Alun Thomas

    This paper considers changes made to the legislative arrangement in respect of the rights of people with mental health problems in Wales by the Mental Health (Wales) Measure 2010 and how those rights can be enforced. The authors analyse how the Measure was drafted, its implementation via associated Regulations and what the likely impact will be.

  • photo for Access to Justice for NGOs and Charities

    Access to Justice for NGOs and Charities

    October 13 2011 | Conference papers | By Nicholas Hildyard and Ben Jaffey

    Judicial review for NGOs, charities and their lawyers: When should NGOs and charities bring claims? What kinds of claims are most likely to succeed? How can claims be funded? How can NGOs or charities minimise the costs risk of losing and get a Protective Costs Order? How does the Aarhus Convention help access to justice in environmental cases?



  • photo for Court of Protection: An Update

    Court of Protection: An Update

    October 13 2011 | Conference papers | By Nick Armstrong and Alex Rook

    This paper looks at case law developing in the Court of Protection, including the Court's welfare jurisdiction and the difference between restriction of freedom and deprivation of liberty.

  • photo for The Duty to Consult

    The Duty to Consult

    October 13 2011 | Conference papers | By David Wolfe QC and Gwion Lewis

    This paper provides practical points claimants should look for when challenging the legality of consultation processes, and how defendants can undertake consultation lawfully so as to avoid challenge.

  • photo for Costs and Funding in Judicial Review: A Claimant's Guide

    Costs and Funding in Judicial Review: A Claimant's Guide

    October 13 2011 | Conference papers | By Tim Buley and Jamie Beagent

    This paper covers a range of issues, including Legal Aid reforms, CFA funding - including the Jackson reforms, Protective Costs Orders, Companies as vehicles for litigation, third party funding, tips on recovery your costs and adverse costs risks of JR by stages.

  • photo for Litigating the cuts

    Litigating the cuts

    September 18 2011 | Conference papers | By Kate Markus and Louise Whitfield

    Themes in these papers include: recent decisions and possible grounds of challenge in public sector costs cases, including equality duties, legitimate expectation, vires and Wednesbury. The paper also considers the relevance of resources in this context and practical tips for bringing such challenges.

  • photo for International Law in Domestic Practice: Some Practical Pointers

    International Law in Domestic Practice: Some Practical Pointers

    July 14 2011 | Conference papers | By Pete Weatherby QC

    The paper provides considerations on the international law and comparative law, and when it is relevant to apply them in practice in the UK, including incorporation of international treaties and customary international law into domestic law and the direct applicability of the EU Treaty.

  • photo for Community Care Law - Current Developments

    Community Care Law - Current Developments

    July 14 2011 | Conference papers | By Simon Garlick

    This paper provides updates on: the impact of Personalisation on Community Care assessment and provision; the reform of Adult Social Care law; the provision of NHS Continuing Healthcare to individuals living in the community.

  • photo for Funding Public Law Cases

    Funding Public Law Cases

    July 13 2011 | Conference papers | By Diane Astin

    Examination of: legal aid for judicial review; Protective Costs Orders (PCO); Condition Fee Agreements (CFA); the implications of the Jackson costs proposals.


  • photo for Court of Protection: Update

    Court of Protection: Update

    July 12 2011 | Conference papers | By Mathieu Culverhouse

    This paper looks into recent developments in the Court of Protection, the Court's welfare jurisdiction and the developing case law on deprivation of liberty.

  • photo for Judicial review: Disclosure and Evidence

    Judicial review: Disclosure and Evidence

    July 11 2011 | Conference papers | By Kate Stone

    This paper looks at the procedural developments in human rights-based claims in judicial review, with special focus on disclosure, public interest immunity and the cope for calling evidence following landmark cases such as R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 2387, where the Administrative Court indicated that it should not be reluctant to order disclosure or permit live evidence and cross-examination in appropriate judicial review cases.

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    Common Law Rights

    October 18 2010 | Conference papers | By Michael Fordham QC

    This paper analyses the 'principle of legality' and 'anxious scrutiny' and their role in securing the protection of constitutional rights since the enactment of the HRA.

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    Interim Relief in Judicial Review

    June 24 2010 | Conference papers | By Kate Stone and Ben McCormack

    A practical look at interim injunctions and other pre-trial remedies in JR covering: what they are; when they are available; and how to go about getting them.