Resources
PLP's Resources Library is an online database holding PLP's guides, conference papers, published research and reports, recorded presentations, policy responses, and many other items. You can search the items by clicking a category or a tag on the left, or using the search function. Please note the content from conferences, such as papers and audio, are provided for public law practitioners. Public law is a very fast-moving area and some of the information will be out of date or overtaken by events. PLP accept no responsibility for the contents of these items.
Resources tagged with "Public Law"
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Literature Review on the Use and Impact of Litigation
April 10 2018 | ResearchStrategic legal action is a promising, potential tool for driving change in the systems that perpetuate severe and multiple disadvantage. Yet it can also be costly, risky, time consuming and, under certain circumstances, counterproductive.
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Public Law and Clinical Legal Environments
April 5 2018 | ResearchUniversity law clinics are a developing tool for both legal skills-based education and academic education. As well as providing students with experience of law in action and a practical base for academic enquiry, law clinics are, and should be supported as, an important means of providing practical legal work experience; especially where they can provide experience of working with clients who face social problems that many students may never face themselves.
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European Union (Withdrawal) Bill Briefing for House of Commons Second Reading
September 6 2017 | Policy, briefings and consultation responsesAhead of the Second Reading of the European Union (Withdrawal) Bill on Thursday 07th September, PLP has prepared a briefing paper for Members highlighting our key concerns with the Bill.
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PLP Impact Report and Five Year Review 2012 to 2016
April 13 2017 | Reports and reviewsThe report uses illustrative case studies and data analysis to summarise and explain:
PLP's Legal Aid Support Project (LASP); Casework in welfare benefits, community care, and the Special Immigration and Appeal's Commission (SIAC); PLP's Justice First Fellows; Research and policy work; Training, conferences, resources, guides and publications ... and the PLP community!
The report finishes with a summary of our recent strategic review and its results;
a re-articulation of our vision, mission and priorities more suited to current challenges.mission and priorities.
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Applications to the Attorney-General and s13 of the Coroners Act 1988
December 9 2016 | Conference papersThere 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.
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Public law and the Investigatory Powers Bill
November 18 2016 | Audio filesThe investigatory Powers Bill (IPB) provides a legal framework to UK state surveillance, purporting to balance personal privacy with the needs of state to provide security and prevent fraud and terrorism. The panellists disucss the public law issues arising from the so called ‘snoopers charter’.
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Opening address to PLP's 2016 conference
November 11 2016 | Conference papersThe 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.
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Top Public Law Cases of the Year 2016
November 2 2016 | Conference papersThe 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.
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How to Apply for Legal Aid Funding for Judicial Review
September 15 2016 | GuidesThis guide is intended for practitioners who do not apply for judicial review funding on a regular basis, or who could do with some clarification on aspects of the criteria.
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By Public Demand! Inquiries, Investigations and the Law reading list
August 8 2016 | Conference papersThere was so much background reading and watching referenced in our 'By Public Demand! Inquiries, Investigations and the Law' conference on 21st April 2016 that we asked contributors to recommend follow up reading and watching.
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Top Public Law Cases of the Year 2016 (July)
August 3 2016 | Conference papersThese 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.
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Public law in public spaces
July 15 2016 | Conference papersIn 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.
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Investigating the Investigators
June 24 2016 | Conference papersThis 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.
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Investigating the NHS and Defending Patient Safety
June 24 2016 | Conference papersMid-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.
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Evidence of the Public Law Project to the Labour Review of Legal Aid
May 12 2016 | Policy, briefings and consultation responsesEvidence of the Public Law Project to the Labour Review of Legal Aid.We welcome the opportunity to provide written evidence to the Bach Commission. The evidence sets out our direct experience of the impact of the LASPO cuts, and the conclusions that we are able to draw from that experience.
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THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (2)
May 12 2016 | Conference papersThe “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.
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Making the Ombudsman Effective
December 10 2015 | Conference papersThese are the notes to a seminar on the role of the Ombudsman, looking particularly at the PHSO.
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Lions under the Throne
December 2 2015 | ResearchSir Stephen Sedley and Cambridge University Press (CUP) have allowed us to publish the introduction to Lions under the Throne, Essays on the History of English Public Law. The first part of this chapter sketches the early growth of English public law. The second part tries to describe what it was like to be involved in the modern take-off of public law as it roused itself from its long sleep.
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Why Henry VIII Clauses Should be Consigned to the Dustbin of History
November 6 2015 | Audio filesHenry VIII clauses by which Acts of Parliament may be changed by delegated legislation are a constitutional anomaly. They are derived from a time when the Crown exercised absolute power.
In the modern age they have the potential to subvert the sovereignty of parliament and substitute executive tyranny.
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Article 14: Discrimination in State Benefit Cases
November 6 2015 | Conference papersThere 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.
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The Relationship Between Litigation and Policy: The Chagossian Islanders Litigation (1982 - )
November 6 2015 | Conference papersThis paper presentation will cover which acts of Government have been challenged, changes to Government policy and its stance during and after litigation. It will also look at the feasibility studies, the current Supreme Court case and what the new decision means.
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Judicial Review and the Rule of Law: An Introduction To The Criminal Justice and Courts Act 2015, Part 4
October 22 2015 | Policy, briefings and consultation responsesThe result of a collaborative project with The Bingham Centre for the Rule of Law and The Public Law Project, this work aims to provide an introduction to the latest changes to judicial review practice and procedure. Setting the latest changes from Parliament in their constitutional context, we hope that our work will help inform the Act’s interpretation and its early application.
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Top Public Law Cases of the Year
October 22 2015 | Conference papersThe 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.
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Future proofing: Running human rights arguments under the common law
October 22 2015 | Conference papersThere 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.
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Parliamentary Vandalism and New Human Rights
October 22 2015 | Audio files
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The Value and Effects of Judicial Review
October 15 2015 | ResearchThe process through which legal redress may be obtained against public authorities is often criticised as being politicised, of little value to claimants, and burdensome on public bodies. Based on the largest empirical study of judicial review outcomes to date, Varda Bondy, Lucinda Platt and Maurice Sunkin explain how the process can actually benefit claimants, and improve policy and practice.
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Private law claims in immigration detention cases
July 1 2015 | Conference papersThis 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.
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The Lord Chancellor and the Rule of Law
October 31 2014 | Audio filesDinah Rose QC's keynote address to the PLP annual London conference 2014, introduced by Jonathan Swift QC.
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Securing Funding from the LAA to Challenge its own Exceptional Funding Refusals
October 22 2014 | Conference papersLegal aid has been removed from large areas of litigation and many vulnerable people are affected. Exceptional funding provides the only safety net. This paper explains how to challenge a refusal of exceptional funding by the LAA, and get funding for that challenge.
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Judicial Review Reforms Update
October 14 2014 | Conference papersThis 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.
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Press Release: High Court to hear Rights of Womens legal challenge to restore access to legal aid for victims of domestic violence
September 18 2014 | Press releasesOn Friday 19 September the High Court will consider whether to grant permission for Rights of Women’s legal challenge of the lawfulness of Government changes to legal aid to be heard. These changes are preventing victims of domestic abuse from getting legal aid for family cases, even when it is clear there has been violence, or there is an ongoing risk of violence. Represented by the Public Law Project and supported by the Law Society, Rights of Women argue that this is not what parliament intended.
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Pre-Permission Costs: Reducing the risk of non-payment
August 14 2014 | Conference papersThis 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.
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Obtaining exceptional funding under LASPO - is it worth applying?
August 14 2014 | Conference papersExceptional 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.
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An Update on the Judicial Review Reforms and their Consequences
August 14 2014 | Conference papersThis paper and related presentation details the Judicial Review reforms of recent years, and what is currently proposed by Government. It explains what this means for practitioners.
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Children and Young People in Need of Accommodation
August 14 2014 | Conference papersThis paper covers remedies for children in need of accommodation.
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A guide to support under Section 17 Children Act 1989
July 31 2014 | GuidesThe purpose of this guide is to assist voluntary organisations working with destitute migrant families to identify which families can access support from social services. The guide is intended to help advisers advocate on behalf of their clients and to know when to refer a case to a solicitor. This guide is not intended to be a substitute for specialist legal advice.
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Criminal Justice & Courts Bill Part 4: Joint NGO Briefing on Judicial Review
July 25 2014 | Policy, briefings and consultation responsesBriefing for Peers on Part 4 of the Criminal Justice & Courts Bill, in advance of it reaching the House of Lords Committee stage.
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Press Release: Public Law Project (PLP) wins residence test case. Proposals to introduce legal aid residence test are unlawful and discriminatory.
July 15 2014 | Press releasesIn a powerful judgment delivered today the Divisional Court has confirmed that Government proposals to introduce a “residence test” for civil legal aid are unlawful. The thrust of those proposals was to prevent those who could not prove 12 months lawful residence in the UK from accessing the legal aid scheme.
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Further briefing for Parliamentarians on Judicial Review Reforms
July 8 2014 | Policy, briefings and consultation responsesThis briefing is concerned with the proposed changes to judicial review in Part 4 of the Criminal Justice & Courts Bill. It follows on from PLP's previous briefing in March 2014.
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Richard III Myths and Facts
July 8 2014 | Policy, briefings and consultation responsesThis briefing concerns the Richard III case, used a justification for measures in Part 4 of the Criminal Justice & Courts Bill.
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Press Release: The Law Society backs legal challenge by Rights of Women to restore access to legal aid for victims of domestic violence
June 10 2014 | Press releasesThe Law Society is supporting a challenge brought by the Public Law Project on behalf of Rights of Women, over the lawfulness of Government changes to legal aid which are preventing victims of domestic abuse from getting legal aid for family cases, even when it is clear there has been violence, or there is an ongoing risk of violence. Rights of Women argue that this is not what parliament intended.
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Ombudsman remedies: creative hybrid or curates egg?
May 12 2014 | Conference papersAll 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.
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Learning the lessons from the cutting edge: The Mau Mau case
May 12 2014 | Conference papersThe 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.
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Claims against the police and detaining authorities: Strategies and practicalities
May 9 2014 | Conference papersThis paper discusses the strategies and practical issues arising at the following key points in the conduct of a ‘classic’ police law action.
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Discrimination Law Damages for Public Lawyers
May 9 2014 | Conference papersThis paper and accompanying talk discuss the interaction between public law equality challenges and claims for damages for discrimination under the Equality Act 2010.
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Discrimination Law Damages for Public Lawyers - Audio
May 9 2014 | Audio filesThis talk and accompanying paper discusses the interaction between public law equality challenges and claims for damages for discrimination under the Equality Act 2010.
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The Number of Judicial Review Cases
April 30 2014 | Policy, briefings and consultation responsesPaper to support PLP's evidence to the Public Bill Committee on 13 March 2014, debunking Government assertions that the number of judicial review cases are “out of control”.
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Privacy and Data Protection: The Legal Framework
April 25 2014 | Conference papersObtaining 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.
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Common law remedies
April 17 2014 | Audio filesThis talk examines the range of remedies available in private law claims as well as analysing the principles and practice of the quantification of damages.
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Private law and public law procedural issues and differences
April 17 2014 | Conference papersThe law and practice around choosing the correct forum.
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Special educational needs disputes and mediation
April 17 2014 | Conference papersThis 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.
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Private law claims against public authorities
March 28 2014 | Conference papersThe aim of this paper is to look at the torts of misfeasance in public office and negligence, and why they offer only limited redress against public authorities.
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The Basics of Tribunal Representation
March 20 2014 | GuidesA short guide to the basics of representation at Tribunals.
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Sir Henry Brooke's opening address to PLP's Private Law for Public Law Practitioners conference
March 20 2014 | Conference papersSir Henry Brooke's opening address to our Public Law for Private Law Practitioners conference, 4 March 2014. The address looks at how Public Law has evolved and diversified away from private law in recent decades.
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Briefing for CSOs and concerned individuals on Judicial Review reforms
March 12 2014 | Policy, briefings and consultation responsesThis short briefing has been produced in response to proposed changes to judicial review in the Criminal Justice & Courts Bill. It details why the proposals in the bill should concern all sectors of civil society, and what you can do about them. PLP has also produced an outline letter that you can personalise and send your MP.
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Guide to Strategic Litigation
January 13 2014 | GuidesThis guide has been produced to provide individuals and community groups with information to promote a better understanding of how to challenge decisions of public bodies. It is intended for non-lawyers, for community and voluntary sector groups and for individuals. It is not intended for litigants in person (ie those who go to court without a lawyer to assist them), and in no way replaces the need for expert legal advice. Instead, it is designed to help non-lawyers understand the judicial review process, to navigate their way through it, and to get the best out of the lawyers they will undoubtedly need.
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A Year in Judicial Review 2013
November 8 2013 | Conference papersThere 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.
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Financial Remedies Against the State
October 13 2013 | Conference papersCan a coherent framework for obtaining financial redress for state wrongdoing emerge from the patchwork of EU law, ECHR law and domestic public and private law?
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Ombudsman v JR
July 17 2013 | Conference papersWith 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.
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Public Law and the Voluntary Sector
July 11 2013 | Conference papersThe paper gives an introduction to the value of public law to voluntary sector organisations.
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Exceptional Funding for Inquests
July 11 2013 | Conference papersThis presentation provides an overview of exceptional funding for inquests.
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Judicial Review in Education: A case law update
July 11 2013 | Conference papersThis 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.
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Inquests and public law
July 11 2013 | Conference papersThis presentation provides an overview of recent caselaw on the topic.
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Making an Effective Complaint to a Public Body
June 28 2013 | GuidesA short guide to making an effective complaint to a public body.
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An Introduction to Public Law
June 26 2013 | GuidesA short general introduction to public law.
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Social Entitlement - First Tier Challenges
June 4 2013 | Conference papersThis paper focuses on preparation for and representation at the Social Security and Child Support First Tier Tribunal.
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A Comparative Introduction to Tribunals and Public Law
June 4 2013 | Conference papersThis 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?
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Exceptional funding: The brave new world
June 4 2013 | Conference papersThis paper provides a summary overview of the exceptional funding scheme under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
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Update on Welsh Constitutional Issues
April 11 2013 | Conference papersThe 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.
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Education Challenges in Wales
April 11 2013 | Conference papersThis paper looks at the opportunity for public law challenges arising from Welsh education legislation.
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Challenging new infrastructure
April 8 2013 | Conference papersThis 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.
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The Most Important Tribunal Cases of the Year
April 6 2013 | Conference papersThis 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.
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Public Law Research Update Part 2
October 15 2012 | Conference papersThis paper discusses the impact of regionalisation on Judicial Review.
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Challenges to the Decisions of the Upper Tribunal
October 15 2012 | Conference papersThis paper provides an overview of recent challenges to the Upper Tribunal decisions and the weight to be given to the decisions of specialist tribunals.
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Closing Address: 25 years of Judicial Review
October 15 2012 | Audio files25 years of judicial review: advancements, challenges and the future
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Judicial Review: The Future
October 13 2012 | Conference papersWhat 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?
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A Year in Judicial Review: October 2012
October 9 2012 | Conference papersA round-up of the important cases and decisions from the last twelve months.
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Consultation - the impact of section 149 EA 2010
October 2 2012 | Conference papersThis 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.
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Designing redress: a study about grievances against public bodies
July 31 2012 | ResearchPublic bodies have in recent years been exhorted to get decisions ‘right first time’.1 The concept of administrative justice is seen by some scholars as including initial decisions as well as what happens when administrative decisions are challenged. Notwithstanding these developments, the redress of grievances remains central to the concerns of administrative law scholars, and public bodies expend a great deal of time and money handling grievances. It is just about possible to imagine an idealised administrative system in which no errors are ever made by decision-makers and all past, present and future decisions are accepted as correct and legitimate by citizens and business enterprises. In reality, this can never be achieved (except perhaps in well-resourced administrative schemes of limited size and relative simplicity).
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A Year in Judicial Review 2012
July 12 2012 | Conference papersBen 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’.
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Judicial Review of the Upper Tribunal
July 12 2012 | Conference papersThis paper considers the latest developments relating to JR of the Upper Tribunal post-Cart and looks at what potential grounds cases might proceed upon.
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Introduction to Judicial Review
July 12 2012 | Conference papersThis paper and presentation provide an overview of the basic principles of public law, and the processes and procedures involved in challenging public body decisions.
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Court of Protection: Deprivation of liberty and the Cheshire case
July 12 2012 | Conference papersThis paper and presentation provide an update on Article 5 ECHR and the issue of deprivation of liberty after Cheshire.
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Health Care and Public Law
July 12 2012 | Conference papersThis paper provides strategies, tips and legal developments across the breadth of health and healthcare-related public law challenges.
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A Year in Judicial Review: Important cases of the Last 12 Months
July 12 2012 | Conference papersA round-up of the important cases and decisions from the last 12 months.
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Prison Law Update 2012
July 4 2012 | Conference papersThe author provides the latest developments in public law arising from the prison law sphere, including a look at recent case law and emerging trends.
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Litigating the Cuts: Recent Cases and Current Themes
April 4 2012 | Conference papersLouise 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.
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Public Law Interventions 2011
October 13 2011 | Audio filesLooking at Public Law Project interventions over the previous 12 months.
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The Tension Between the UK Supreme Court and the European Court of Human Rights
October 13 2011 | Audio filesTalking on the issue of a bill of rights for the UK. Recorded at PLP’s annual ‘Judicial Review Trends and Forecasts’ conference, October 2011.
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Public Law in International Law Claims
October 13 2011 | Audio filesRichard Hermer QC's talk from our "Trends and Forecasts" conference 2011, talking on International Law in Public Law Claims.
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Access to Justice for NGOs and Charities
October 13 2011 | Conference papersJudicial 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?
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Court of Protection: An Update
October 13 2011 | Conference papersThis 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.
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The Duty to Consult
October 13 2011 | Conference papersThis 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.
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A Year in Judicial Review 2011
October 13 2011 | Conference papersA round-up of the important cases and decisions from the last 12 months.
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Costs and Funding in Judicial Review: A Claimant's Guide
October 13 2011 | Conference papersThis 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.
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Defending Judicial Review Claims
October 13 2011 | Conference papersThis paper provides an overview of recent developments and tips on strategy for lawyers defending judicial review claims.
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Litigating the cuts
September 18 2011 | Conference papersThemes 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.
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PLP Review and Impact Report 2006-2011
July 26 2011 | Reports and reviewsReview of all departments work between 2006 - 2011
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Community Care Law - Current Developments
July 14 2011 | Conference papersThis 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.
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Court of Protection: Update
July 12 2011 | Conference papersThis paper looks into recent developments in the Court of Protection, the Court's welfare jurisdiction and the developing case law on deprivation of liberty.
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Judicial review: Disclosure and Evidence
July 11 2011 | Conference papersThis 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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Challenging Cuts to Health and Social Care
May 4 2011 | Conference papersThis paper provides an overview of recent caselaw regarding cuts to health and social care.
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Devolution and Evolution: Judicial Review in Wales
May 4 2011 | Conference papersAn examination of the Welsh contribution to judicial review, looking at key cases past and present. Clive also assesses the future in light of the referendum on transfer of powers from Westminster to Wales.
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Mediation in Judicial Review: a practitioners' handbook
January 31 2011 | ResearchWhat place does mediation have in judicial review cases? Research by the Public Law Project (PLP) and the University of Essex on the permission stage in judicial review concluded that most judicial review claims are settled and that most settlements satisfy the claims made in the judicial review. While some cases that settle as a result of bilateral negotiations could arguably result in a better outcome for one or both parties were they mediated instead, mediation is an unlikely option where more familiar and straightforward routes to disposal are available to lawyers.
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Common Law Rights
October 18 2010 | Conference papersThis 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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Trends and Forecasts in Judicial Review
October 18 2010 | Conference papersTwo leading practitioners give an authoritative account of the year's most important cases with insight into the implications for the future.
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Community Care: Practising Public Law in a Recession
October 18 2010 | Conference papersConsideration of rights and remedies in adult social care - community care as a public law discipline.
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Top Ten Judicial Review Cases in 2010
June 24 2010 | Conference papersAn essential review of the key cases heard over the last year followed by authoritative forecast of the trends in Judicial Review for practitioners.
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Judicial Review and Rights of Access to Information
June 24 2010 | Conference papersThis paper provides an overview of practical issues regarding access to information.
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Equality Duty Cases
June 24 2010 | Conference papersThis paper provides an overview of recent equality duty cases.
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Interim Relief in Judicial Review
June 24 2010 | Conference papersA 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.
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Funding Public Law: What it Costs and How to Pay for it
June 14 2010 | Conference papersA summary of the costs issued involved in bringing various types of public law disputes, from complaints to test case litigation; how to get round them; and how to get paid in the process.
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The Dynamics of Judicial Review Litigation
June 3 2009 | ResearchGiven its place in the UK’s constitutional system, an empirically based understanding of the way the judicial review procedure operates is of the utmost importance to users of the system and policymakers. This project offers the first analysis of the process since the post-Bowman reforms were introduced in October 2003 and does so at a time when potentially major changes are taking place to the system in the form of regionalisation and the anticipated transfer of certain cases from the Administrative Court to the Upper Tier Tribunals.
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A practical guide to third party interventions
November 30 2007 | GuidesThis is a practical guide to third party interventions.
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The Public Law Project 1990 - 2005
July 26 2005 | Reports and reviewsBrochure and report covering the activities of the first 15 Years of the Public Law Project