Judicial Review

Jonathan Moffett KC is a leading public law silk, with over 25 years' practical experience in the field. He has argued judicial review cases at all levels up to the Supreme Court and the European Court of Human Rights, and he is recommended by both Chambers & Partners and the Legal 500 as a leading practitioner in administrative and public law, local government law, and education law. Mr Moffett sits in the Administrative Court as a Deputy High Court Judge, and as a Recorder in the Crown Court. He is a former Chair of the Constitutional and Administrative Law Bar Association.Jonathan Auburn KC is recognised as a leading public law silk, recommended by both Chambers & Partners and the Legal 500 as a leading practitioner in administrative and public law, local government law, community care law, education law, and mental capacity (Court of Protection). He sits as a Recorder in the Crown Court.Andrew Sharland KC is recommended as a leading silk in Chambers and Partners and/or Legal 500 in public law and human rights, local government law, community care law, education law, information law, and public inquiries and inquests. He has been nominated as public law silk of the year by Legal 500. He practices in domestic, European and Commonwealth courts. He is also co-author of Media Law and Human Rights (OUP 2009).

...this is a useful single-volume work, ideal for experienced practitioners and those developing their knowledge.

• PART I: THE BASIS FOR AND SCOPE OF JUDICIAL REVIEW 1: The legal and theoretical bases for judicial review 2: Scope of judicial review PART II: JUDICIAL REVIEW AND THE HUMAN RIGHTS ACT 1998, UK-EU RELATIONS, AND INTERNATIONAL LAW 3: The Human Rights Act 1998 and judicial review 4: UK-EU relations law and judicial review 5: Public international law and foreign relations in judicial review PART III: PROCEDURAL GROUNDS OF CHALLENGE 6: Procedural fairness: general issues 7: Procedural fairness: specific requirements 8: Consultation 9: Bias, predetermination, and independence 10: Delay on the part of public bodies 11: Notice of and reasons for decisions PART IV: SUBSTANTIVE GROUNDS OF CHALLENGE 12: Sources and scope of public bodies' power and duties 13: Acting outside scope of powers and duties 14: Failing to comply with duties or to exercise powers 15: Relevant, irrelevant, and permissable considerations 16: Public sector equality duty 17: Unauthorised or improper purposes 18: Irrationality and unreasonableness 19: Proportionality 20: Legitimate expectations 21: Errors of fact 22: Policies, guidance, and non-statutory schemes 23: Challenges to legislation 24: Common law constitutional rights PART V: PROCEDURE AND REMEDIES 25: Introduction to judicial review procedure 26: Claims for which judicial review procedure must or may be used 27: The parties 28: The pre-action stage 29: Bringing the claim and initial responses to the claim 30: Evidence, the duty of candour, and disclosure 31: The permission decision 32: Interim remedies 33: The substantive stage 34: Appeals 35: Costs 36: Final remedies