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Description

Judicial Remedies in Public Law provides unrivalled coverage of the full range of judicial remedies available to litigants in public law cases, from judicial review to those which are less common, such as habeas corpus:

Judicial Remedies in Public Law will:

• Enable practitioners to advise and make decisions with complete confidence
• Enable specialists at the bar to tackle complex problems and consider developments and emerging trends in case law
• Provide lawyers in central and local government with up-to-date and authoritative analysis of judicial review which is necessary to advise defendants as well as claimants
• Provide academics with a primary source of reference on all aspects of judicial review in the context of the fast-changing administrative justice system

What’s New:

• Changes to public law to accommodate the departure of the United Kingdom from the European Union and the impact of the European Union (Withdrawal) Act 2018
• Changes to the judicial review procedure including statutory changes governing discretion to refuse remedies and costs capping orders
• Developments in practice and procedure relating to time-limits, interim relief in public law cases, the duty of candour, discretionary refusals of a remedy and the scope of judicial review, including review of prerogative powers
• Changes in relation to appeals and statutory applications in the planning field.
• Developments in relation to quashing decisions and nullity
• Changes in the law on liability of public authorities in negligence and for restitutionary claims

Features:

• Provides a comprehensive guide to the remedies available to litigants in public law from the common remedies available in judicial review, remedies under the Human Rights Act 1998 for breach of Convention rights to those which are used less often, such as habeas corpus.
• Deals with the current scope, procedure and practice of judicial review and other public law remedies.
• Introductory sections consider the situations in which judicial review is available followed by chapters dealing with the legal consequences of a successful judicial review application.
• Details the full range of remedies available, from prerogative remedies, declaratory relief (declaring what the legal position is or what the rights of the parties are), injunctions (injunctions may be used to stop a public body from acting unlawfully by exceeding its statutory public law powers) to habeas corpus.
• Deals in full with the procedures for bringing a claim of judicial review under the Civil Procedure Rules and the Human Rights Act 1998.
• Includes description and analysis of changes to public law and remedies as a result of the departure of the United Kingdom from the European Union and an analysis of the European Union (Withdrawal) Act 2018
• Changes in practice and procedure, in relation to the rules on time-limits, costs capping orders, cross-examination and disclosure are covered
• Provides analysis of the scope of the discretion of the court to refuse remedies.
• Deals with the changes in relation to appeals and statutory applications in the planning field
• Thorough and comprehensive legal analysis with an accessible approach is provided throughout
• Practical treatment of the subject matters, outlining the relevant procedures from start to finish, guiding readers through the options at each stage vWritten by a Court of Appeal Judge regarded as a leading authority on administrative law and judicial review. Prior to appointment as a judge, the author was a respected practitioner who was appointed a QC 2006 and, prior to practice, had been an academic lawyer.
• Authoritative commentary which can be relied upon for accuracy and acumen

Table of Contents:

Chapter 1 Introduction
Chapter 2: The Availability of Judicial review
Chapter 3: Choice of Forum and the Exclusivity of Judicial review Proceedings in Public Law
Chapter 4: Judicially Reviewable Acts and Omissions
Chapter 5: Invalidity, Partial Invalidity and Severance
Chapter 6: The Prerogative Remedies: Quashing Orders, Prohibiting Orders and Mandatory Orders
Chapter 7: Declarations
Chapter 8: Injunctions
Chapter 9: Machinery of Judicial Review
Chapter 10: Judicial review and the Upper Tribunal
Chapter 11: Standing
Chapter 12: The Discretion of the Court to Refuse a Remedy and the Exclusion of Judicial Review
Chapter 13: Habeas Corpus
Chapter 14: Appeals and Statutory Applications
Chapter 15: Damages and the Principles Governing Public Authority Liability
Chapter 16: Remedies under the Human Rights Act 1998
Chapter 17: Remedies, European Union Law and the National Courts