Your first port of call in all matters concerning judicial review applicationsFind Out More
Law and PracticeFROM £105.00
Provides practitioners with a comprehensive introduction to judicial review proceedings.
- Published: February 2015
- Edition: 2nd
- Format: Hardback / eBook (ePDF) / eBook (ePub) / Online
- ISBN: 9781846619144
- Authors/Editors: Sam Karim, The Hon Mrs Justice Patterson DBE, Justin Leslie
- Category: Public Law and Regulation, Criminal Law, PI and Civil Litigation Law, Family Law, Immigration and Human Rights Law, Education Law, Construction, Housing and Property Law
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The second edition of Judicial Review: Law and Practice has been extensively rewritten to provide practitioners with a comprehensive companion to judicial review proceedings. It covers the substantive law of judicial review including grounds of review and remedies, and looks in detail at the practice and procedure specific to such claims. This element of the book has been significantly extended.
The largest part of the work is dedicated to individual areas of the law where judicial review is relevant, including planning and environment, community care, housing, mental health, criminal law, education, licensing, central/local government and immigration law. It provides a wide-ranging coverage of administrative law and its niche practice areas including essential procedural rules, forms and guidance issued by the Administrative Court.
Whether you are a specialist public lawyer or whether you practice in areas of law where expertise in judicial review is required, Judicial Review: Law and Practice provides the guidance you need to take on and manage cases confidently.
For more information view the leaflet.
Part 1 General principles
- Grounds of Judicial Review
- Practice and Procedure
- The Tribunal System
Part 2 Specific Areas
- Planning and Environment
- Community Care
- Mental Health
- Criminal Law
- Local/Central Government
- Immigration Law
- Commercial JR
- Child Care
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Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
General EditorsThe Hon Mrs Justice Patterson DBE,
formerly Public Law Commissioner, Head of Kings Chambers, Manchester and Leeds
Barrister, Kings Chambers, Manchester
Assistant EditorJustin Leslie,
Barrister, 42 Bedford Row and Assistant Parliamentary Counsel
All Barristers, Kings Chambers
Melanie Plimmer, Tribunal Judge
Barrister, Garden Court Chambers
Barrister, Garden Court North
Hugh Southey QC,
IntroductionThis book is designed to provide a source for public law practitioners who practise across the broad spectrum of laws in which judicial review is used as an avenue of redress. It is also of value to others who appear less frequently in the Administrative Court but need a convenient reference point. Part 1 seeks to concentrate primarily on the central subject matter, namely, judicial review. Part 2 considers how judicial review is currently utilised to review the lawfulness of the powers and duties of those exercising public function in various areas.
Because of the ever-evolving nature of judicial review and administrative law this work does not seek to be a comprehensive encyclopaedia on judicial review. Indeed, it is hard to think that any work could be so. What this work does is to cover the main subject areas where judicial review claims are brought.
What is Judicial Review?
The Bowman Report summarised judicial review as, ‘the means by which those with a “sufficient interest” can challenge the exercise or non-exercise of powers by public bodies on the grounds of illegality, irrationality or procedural impropriety’.
Although originally a cause of action against central or local government, judicial review now extends to cover many non-governmental organisations and into the commercial world. Put another way, administrative law determines the powers and duties of administrative authorities. As set out by Sir Ivor Jennings, administrative law should be defined according to its subject matter: the law of public administrative or administrative law. Carnwath LJ has said recently ‘Judicial review is the court's response to allegations of abuse of power adversely affecting the rights or interests of those bringing the claim. The starting point must therefore be to identify the legal source of the power in question and the practical consequences of its exercise’.
The importance of the Administrative Court and its function cannot be understated. Sir Thomas Bingham MR (as he then was) in R v Ministry of Justice ex p Smith described the Court as having, ‘… the constitutional role and duty of ensuring that the rights of citizens are not abused by the unlawful exercise of executive power …’
At the Administrative Court an individual seeks to challenge a decision of an administrative body by way of achieving one or more of the various remedies that are potentially available, namely (a) a quashing order (formerly known as certiorari); (b) a prohibiting order (formerly known as prohibition); (c) a mandatory order (formerly know as mandamus); (d) a declaration; (e) an interim declaration; (f) an injunction; and (g) a substitutionary remedy.
Judicial review, therefore, is a process by which the above remedies may be applied for in a specialist part of the High Court (Queens Bench Division), which considers public law and administrative law cases, namely, the Administrative Court.
The supervisory jurisdiction of the Administrative Court is not to be underestimated. The unique nature has been described by commentators as ‘… the question is not whether the judge disagrees with what the public body has done, but whether there is some recognisable public law wrong …’. As aptly put by Professor Paul Craig who explained the conceptual justification for judicial intervention within the context of the supervisory role as:
‘It is readily apparent that the execution of legislation may require the grant of discretionary power to a minister or an agency. Parliament may not be able to foresee all the eventualities and flexibility may be required to implement the legislation. The legislature will of necessity grant power subject to conditions […] Herein lies the modern conceptual justification for judicial intervention. It was designed to ensure that those to whom such grants of power were made did not transgress the sovereign will of Parliament.’
Lord Clyde in Reid v Secretary of State for Scotland  2 AC 512 said that:
‘… [judicial review] does not allow the court … to examine the evidence with a view to forming its own view about the substantial merits of the case. It may be that the tribunal whose decision is being challenged has done something which it had no lawful authority to do. It may have abused or misused the authority which it had. It may have departed from the procedures which either by statute or at common law as matter of fairness it ought to have observed. As regards the decision itself it may be found to be perverse, or irrational, or grossly disproportionate to what was required. Or the decision may be found to be erroneous in respect of a legal deficiency, as for example, through the absence of evidence, or of sufficient evidence, to support it, or through account being taken of irrelevant matter, or through a failure for any reason to take account of a relevant matter, or through some misconstruction of the terms of the statutory provision which the decision-maker is required to apply. But while the evidence may have to be explored in order to see if the decision is vitiated by such legal deficiencies it is perfectly clear that in a case of review, as distinct from an ordinary appeal, the court may not set about forming its own preferred view of the evidence.’The 2000 edition of the Treasury Solicitors’ publication, The Judge Over Your Shoulder provides a useful description of who is affected by administrative law stating that:
‘1.2 “Administrative” or “public” law governs the acts of public bodies and the exercise of public functions. Public bodies include “non-departmental public bodies”, such as the Committee on Standards in Public Life, and Next Steps Agencies like HM Prison Service.The fourth edition of the publication also provides that:
1.3 Private sector bodies may also be subject to administrative law when they exercise a public function. Generally, bodies exercise public functions when they act and have authority to act for the collective benefit of the general public. The activities of City institutions with market regulatory functions, like the London Stock Exchange, are a good example.’
‘The Human Rights Act 1998 is part of administrative law because it governs the exercise of statutory powers by public authorities. For example, the Act has an important bearing on the way in which those powers are to be interpreted. The devolution legislation is part of administrative law for the same reason. Likewise European Community (EC) law may be relevant to the exercise of statutory Powers.’
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