Judicial Review - Practice & Procedure in One Day

Introduction

Many central and local government decisions are challenged by way of Judicial Review. It is therefore essential that solicitors in central government departments, local authority legal departments and states agencies and others in private practice who advise public authorities are up-to-speed in this important area of law and practice.

Equally, solicitors in private practice, who may be instructed to challenge a Local Authority or similar decision, will need to know how to proceed, and the current judicial thinking.

What You Will Learn

• The Scope of Judicial Review

This session explains the scope of judicial review, where we have come from and where we are now, and its potential as a tool (reactive and strategic, individual and collective) in a wide range of areas of law, including housing, immigration and asylum, prison law, planning law, environmental law, healthcare law and social security.

• Grounds for Judicial Review

In this section we set out the bases on which a challenge can be made in the Administrative Court. A judicial review is not a challenge of the merits of a decision, but of the decision-making process leading to the decision. The bases on which a decision can be challenged reflect this. It is crucial to understand the grounds for review in order to identify areas for challenge, and present or defend a challenge effectively.

• Human Rights

Human rights issues are, now, central to the current and future development of judicial review. This session identifies the bases for challenge, analyses recent case law, and identifies future areas for challenge.

• Procedures and time limits

Time limits are crucial for bringing a claim; it is vital to act immediately. From when does time start running? Distinct procedural rules and practice directions must be complied with. This session provides a checklist for beginning judicial review proceedings.

• Costs

As with all areas of law, costs in judicial review are very important. You will learn about the key principles, including that in circumstances where a defendant settles a claim and the claimant has complied with the protocol, the normal order should be that the defendant pays the claimant's costs.

• Identifying Judicially-reviewable points: Case Studies

Bringing it all together, through some short case studies, participants will have an opportunity to spot judicially-reviewable points, identify the grounds for challenge, and consider when and how to start a claim.