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 Public law is a very fast-moving area and some of the information will be out of date or overtaken by events.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


  • 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 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.

  • Immigration Law update note

    November 24 2016 | Policy, briefings and consultation responses | By Rakesh Singh

    This is a note prepared by PLP's Rakesh Singh for the Immigration Law Practitioners Association (ILPA) on changes to the Home Office policy on when JR will not suspend removal. It has been included in the ILPA mailing for November 2016 and was part of a talk prepared for the working group on removals, detention and offences on 10/11/16.

  • 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 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 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 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 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 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 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 Freedom of Information and Information Law Issues

    Freedom of Information and Information Law Issues

    January 20 2014 | Audio files | By Tim Pitt-Payne QC

    This talk and associated paper 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 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 Judicial review consultation alert

    Judicial review consultation alert

    The latest statistical assertion made by the MoJ, regarding growth in judicial review claims, questioned by PLP.

    On 29 October, the policy team at the Ministry of Justice held a web chat ‘to give [those responding to the consultation] an opportunity to comment and ask questions on a proposed package of reforms governing the process of judicial review.’

  • photo for Judicial Review: A Healthcheck

    Judicial Review: A Healthcheck

    October 25 2013 | Audio files | By Mike Fordham QC

    Mike gives JR a healthcheck - looking at the body and brain of judicial review in an extended somatic metaphor. Note that the main auditorium of Herbert Smith Freehills has two very large striking blue portraits (approximately 8ft tall) of screaming faces, painted in harsh, disturbing blue. These are the pictures he refers to in the address.

  • 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 An Introduction to Judicial Review

    An Introduction to Judicial Review

    June 26 2013 | Guides | By The Public Law Project

    A short introduction to judicial review, covering a range of topics including alternatives to Judicial Review and the procedure.

  • 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 The Future of Judicial Review 2012

    The Future of Judicial Review 2012

    October 15 2012 | Audio files | By Mike Fordham QC

    This is an address to PLP’s Trends and Forecasts conference 2012. Mike considers three levels of attainment in JR innovation, Bronze, Silver and Gold, in an extended metaphor with Olympic diving competitions its starting point. How far will you climb the ladder to succeed, and how elegantly will you dive and split the water?

  • 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 Opening address to North conference 2012

    Opening address to North conference 2012

    July 12 2012 | Audio files | By The Hon Mr Justice Hickinbottom

    The Hon Mr Justice Hickinbottom, Queen’s Bench Liason Judge for the Northern and North Eastern Circuits, provides the opening address to PLP’s Public Law and Judicial Review North Conference 2012. Introduced by Steve Cragg QC, Chair of The Public Law Project, with a short update on the work of the PLP.

  • 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 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 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 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 Campaign for Freedom of Information

    Campaign for Freedom of Information

    October 31 2011 | Audio files | By Maurice Frankel

    Maurice Frankel, Director of the Campaign for Freedom of Information, looks at recent cases and headlines generated by Freedom of Information Act requests. He looks at what we know, what we have recently found out, what we can’t find out, and what the implications and prospects are for the use of FoIA in Judicial Review.

  • 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 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 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 Mediation and Judicial Review

    Mediation and Judicial Review

    June 13 2009 | Research | By Linda Mulcahy, Varda Bondy with Margaret Doyle and Val Reid

    The aim of this research is to establish an independent evidence base for identifying the value and the limits of mediation as an alternative to, or used alongside, judicial review.

  • 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.

  • photo for The Impact of the Human Rights Act 1998 on Judicial Review

    The Impact of the Human Rights Act 1998 on Judicial Review

    June 15 2003 | Research | By Varda Bondy and Lee Bridges

    This empirical research study drew much from the methodologies and experience acquired in the course of the previous studies, and built on the important links established by PLP with the Administrative Court, academics and practitioners.

  • photo for Third Party Interventions in Judicial Review

    Third Party Interventions in Judicial Review

    May 1 2001 | Research | By Deana Smith, Karen Ashton and Professor Lee Bridges

    This report describes the process and outcomes of an 'action research' project conducted by the PLP with the financial support of the Nuffield Foundation.