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 Public law is a very fast-moving area and some of the information will be out of date or overtaken by events.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"


  • photo for Literature Review on the Use and Impact of Litigation

    Literature Review on the Use and Impact of Litigation

    April 10 2018 | Research | By Dr Lisa Vanhala and Jacqui Kinghan

    Strategic 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.

  • photo for Public Law and Clinical Legal Environments

    Public Law and Clinical Legal Environments

    April 5 2018 | Research | By Public Law Project

    University 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.

  • photo for PLP Impact Report and Five Year Review 2012 to 2016

    PLP Impact Report and Five Year Review 2012 to 2016

    April 13 2017 | Reports and reviews | By PLP

    The 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.

  • 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 and the Investigatory Powers Bill

    Public law and the Investigatory Powers Bill

    November 18 2016 | Audio files | By Ben Jaffey, Cathryn McGahey QC, Graham Smith, Richard Hermer QC

    The 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’.

  • 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 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 (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 Lions under the Throne

    Lions under the Throne

    December 2 2015 | Research | By Stephen Sedley

    Sir 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.

  • 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 | Audio files | By Richard Gordon QC

    Henry 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.

  • 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 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 The Value and Effects of Judicial Review

    The Value and Effects of Judicial Review

    October 15 2015 | Research | By Varda Bondy, Lucinda Platt, Maurice Sunkin

    The 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.

  • 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 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 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 A guide to support under Section 17 Children Act 1989

    A guide to support under Section 17 Children Act 1989

    July 31 2014 | Guides | By Clare Jennings, The Public Law Project

    The 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.

  • 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 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 Common law remedies

    Common law remedies

    April 17 2014 | Audio files | By Richard Hermer QC

    This talk examines the range of remedies available in private law claims as well as analysing the principles and practice of the quantification of damages.

  • 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 Guide to Strategic Litigation

    Guide to Strategic Litigation

    January 13 2014 | Guides | By The Public Law Project

    This 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.

  • 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 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 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 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 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 Designing redress: a study about grievances against public bodies

    Designing redress: a study about grievances against public bodies

    July 31 2012 | Research | By Andrew Le Sueur and Varda Bondy

    Public 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).

  • 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 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 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 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 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 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.

  • photo for Mediation in Judicial Review: a practitioners' handbook

    Mediation in Judicial Review: a practitioners' handbook

    January 31 2011 | Research | By Varda Bondy and Margaret Doyle

    What 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.

  • photo for Common Law Rights

    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.

  • photo for Interim Relief in Judicial Review

    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.

  • photo for The Dynamics of Judicial Review Litigation

    The Dynamics of Judicial Review Litigation

    June 3 2009 | Research | By Varda Bondy and Professor Maurice Sunkin

    Given 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.