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Judicial review is the English administrative law practice of the courts reviewing the exercise of powers by public bodies in terms of their effect on an individual.
An individual who feels that the exercise of power by a public body, such as a council, local government or arm of national government, is in some way unlawful, may make an application to court to have the decision resulting from the exercise of power set aside, or quashed. The English law doctrine or parliamentary sovereignty means that Acts of Parliament cannot be judicially reviewed per se, however there are special rules covering the circumstances when an Act of Parliament is not consistent with European or human rights law.
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Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...
Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...
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Legal system for civil tax appeals in England and Wales—flowchart This Flowchart outlines the legal system applicable to civil tax appeal cases in England and Wales. It illustrates how, in relation to appealable decisions made by HMRC (ie those HMRC decisions in respect of which there is a statutory right of appeal), a taxpayer normally appeals to the First-tier Tribunal (Tax Chamber) (FTT (Tax)) and how such tax appeals may proceed from the FTT (Tax) to the Upper Tribunal (Tax and Chancery Chamber) (UT (Tax)), then to the Court of Appeal and finally to the UK Supreme Court. It also illustrates the ability for certain appeals in relation to decisions of the UT (Tax) to bypass the Court of Appeal and be leapfrogged directly to the UK Supreme Court. This Flowchart refers
Protective costs orders (PCOs) in environmental matters—flowchart This flowchart outlines the different scenarios that apply to protective
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Convention rightsThe Human Rights Act 1998 (HRA 1998) came into force in October 2000 and aims to give effect to the rights contained in the European Convention on Human Rights (ECHR) (the Convention rights). The ECHR is an international binding treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it only became binding in UK law with the introduction of the HRA 1998.In particular, the HRA 1998 provides:•a remedy in the UK courts for breach of a Convention right without the need for the claimant party to seek redress in the European Court of Human Rights in Strasbourg•that it is unlawful for a public authority (including a court or tribunal) to act in a way which is incompatible with a Convention right•that primary legislation and subordinate legislation must be interpreted in a way which is compatible with the Convention rights•the UK courts with the power to make a declaration of 'incompatibility', if satisfied that a provision of primary legislation is...
Application for disclosure of information supplied in order to obtain a warrant The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, rr 5.7–5.10. These rules have been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note. Does a magistrate have jurisdiction to hear an application? Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed. When a court is considering an application for a search warrant and exercises its statutory power to grant one, the...
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Judicial review—letter before claim [Insert the name and address of the proposed defendant] Dear [insert organisation name] Letter before claim in proposed judicial review proceedings concerning [insert brief description of decision, act or omission at issue] [ Claimant OR Your client]: [insert proposed Claimant’s full name] [Defendant OR Our client]: [insert proposed Defendant’s full name] This [firm OR department] acts for [insert proposed Claimant’s full name] in respect of a potential judicial review against the [decision OR act OR omission] of the Defendant [insert brief summary of decision, act or omission]. This letter constitutes [our client’s OR the Claimant’s] letter before claim in accordance with the Pre-Action Protocol for Judicial Review. We have adopted the standard format for the letter before claim, as set out in Annex A of the Pre-Action Protocol for Judicial Review. 1 To [Insert the title, full name and address of the proposed Defendant.] 2 The Claimant [Insert the title, full name and address of the Claimant.] [The Claimant [is in...
Summary grounds of resistance on behalf of the 1st, 2nd etc defendant [Insert case number] IN THE HIGH COURT OF JUSTICE KINGS BENCH DIVISION ADMINSTRATIVE COURT In the matter of an application for permission to apply for judicial review. Parties 1 THE KING on the application of [INSERT NAME OF CLAIMANT] Claimant -and- 2 [INSERT DETAILS] [1st] Defendant -and- 3 [INSERT DETAILS] [2nd] Defendant -and- 4 [INSERT DETAILS] Interested Party __________________________________ SUMMARY GROUNDS OF RESISTANCE [ON BEHALF OF THE 1st, 2nd etc DEFENDANT] __________________________________ Introduction 1 These Summary Grounds of Resistance have been filed and served on behalf of [insert Defendant] (‘the Defendant’) in opposition to the application of [insert Claimant] (‘the Claimant’) for permission to apply for judicial review. 2 The Claimant seeks permission to challenge [insert a brief summary of the nature of the challenge before the court]. 3 The proposed challenge is not arguable and permission ought to be refused because:
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Can organisations be prosecuted using the single justice procedure? The Judicial Review and Courts Act 2022 made changes to section 29 of the Criminal Justice Act 2003 and section 16A of the Magistrates' Court Act 1980 to expand the use of the single justice procedure to organisations, but are these provisions both in force? How can companies be prosecuted using the single justice procedure when Rule 24.9 of the Criminal Procedure Rules 2020, SI 2020/759 makes no reference to the procedure applying to organisations? The relevant statutory provisions containing relating to the use of the single justice procedure are contained in section 16A of the Magistrates' Courts Act 1980 (MCA 1980), section 29 of the Criminal Justice Act 2003 (CJA 2003), the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, Pt 7 and CrimPR 2020, SI 2020/759, r 24.9. Where the single justice procedure applies, a single justice can try the case on the basis of written material only, in the parties’ absence and without a hearing. The aim of...
Where a defendant is charged with an either way offence, how is the venue of the trial decided if the defendant refuses to indicate whether they want summary trial or trial on indictment? Does it make any difference if the defendant is unrepresented? This Q&A assumes that the defendant is over the age of 18, is charged with an either-way offence, and the case is not subject to a notice under section 51A or section 51B Crime and Disorder Act 1998 (CDA 1998). The general rule Where a defendant over the age of 18 is charged and brought before a magistrates’ court in respect of an either way offence, if the defendant gives no indication of plea or indicates that he would plead ‘not guilty’, the court must consider whether the case more suitable to be tried summarily or on indictment (section 19(1) of the Magistrates’ Court Act 1980 (MCA 1980)). If the court concludes that summary trial would be more suitable, the court has a statutory duty under MCA...
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Lord Reed, President of the UK Supreme Court, gave an important speech last week about the challenges facing courts in an era of populism. He said the court needs to deploy ‘judicial statecraft’ to build trust and withstand tensions and suggested that some 'ambitious' apex court judgments in the past had been damaging. He made these comments in the Peter Taylor Memorial Address on 12 June 2025.
The minutes of the CPR Committee (CPRC) meeting of 9 May 2025 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including digital markets regulation, statutory appeals, fixed recoverable costs, parole referrals, Welsh language provisions, and public engagement through a question forum.
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