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Judicial Remedies in Public Law 5th edition [Kõva köide]

  • Formaat: Hardback, 845 pages
  • Ilmumisaeg: 08-Dec-2014
  • Kirjastus: Sweet & Maxwell
  • ISBN-10: 0414045351
  • ISBN-13: 9780414045354
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  • Formaat: Hardback, 845 pages
  • Ilmumisaeg: 08-Dec-2014
  • Kirjastus: Sweet & Maxwell
  • ISBN-10: 0414045351
  • ISBN-13: 9780414045354
Teised raamatud teemal:
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 New To This Edition Changes to the scope of Judicial review in relation to superior courts of record and bodies such as the new Upper Tribunal Developments in the scope of judicially reviewable acts Changes in practice and procedure, especially in relation to the rules on delay, protective costs orders, cross-examination and disclosure Major changes in relation to appeals and statutory applications with the development of the new Tribunal System Chapter 13 will need to be re-written Changes in the law on liability of public authorities in negligence and for restitutionary claims Major changes in the rules governing judicial review claims for breach of EU law Further developments in relation to claims under the Human Rights Act 1998 Features A comprehensive guide to the remedies available to litigants in public law, offering detailed guidance on the whole range of available remedies from the common remedies to those which are used less often, such as habeas corpus Fully updated analytical text covering major developments in legislation, case law, practice and procedure 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 Goes through the 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 remedies available under EU law Advice is given on appeals and statutory applications, from appeal by way of case stated; from a minister, government department, tribunal, or other public body; to an application to be made to quash a decision of a public body Changes in practice and procedure, in relation to the rules on delay, protective costs orders, cross-examination and disclosure will be covered Major changes in relation to appeals and statutory applications with the development of the new Tribunal System will also be covered 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 Barrister regarded as a leading authority on administrative law and judicial review  Respected practitioner with an academic background who was appointed a QC in 2006 Authoritative commentary which can be relied upon for accuracy and acumen
Preface vii
Table of Cases
xxix
Table of Statutes
cxv
Table of Statutory Instruments
cxxiii
Table of Civil Procedure Rules
cxxv
Table of International and European Treaties and Conventions
cxxxi
Table of European Secondary Legislation
cxxxiii
1 Introduction
A Public law
1(3)
B The claim for judicial review
4(3)
C Significance of the claim for judicial review
7(4)
D Habeas corpus
11(1)
E Statutory mechanisms of challenge
12(1)
F Damages and restitution
13(3)
G European Convention on Human Rights
16(1)
H EU law
17
2 The Availability of Judicial Review
A Introduction
1(4)
B Source of the power Statute
5(73)
Non-statutory bodies exercising statutory powers
7(2)
Situations where judicial review is inappropriate
9(1)
Rationale for judicial review of statutory powers and duties
10(1)
Statutory bodies performing a non-public function
11(3)
Statutory bodies and private law Prerogative
14(4)
Availability of judicial review
18(1)
Definition of the prerogative
19(4)
Scope of judicial review
23(3)
Prerogative powers that are reviewable
26(1)
Prerogative powers to regulate the civil service
27(2)
Powers relating to the defence of the realm
29(1)
Prerogative powers in foreign affairs
30(4)
Powers to legislate for overseas territories and Crown Dependencies
34(5)
The prerogative power to grant a pardon
39(4)
Prerogative power to consent to relator action
43(2)
Prerogative power to stop criminal proceedings
45(1)
Miscellaneous prerogative powers
46(1)
Common law powers of the Crown
47(6)
European Convention on Human Rights
53(3)
European Union Law
56(5)
Sporting bodies and other bodies deriving jurisdiction from contract
Domestic tribunals
61(9)
Judicial control of domestic tribunals
70(2)
Criticism of the existing position
72(1)
Public bodies acquiring jurisdiction by contract
73(5)
C Nature of the function
Bodies performing public functions
78(3)
Government or public authority involvement
81(9)
Statutory recognition
90(4)
Private bodies discharging functions on behalf of public bodies
94(6)
The nature and importance of the function
100(3)
The absence of private law mechanisms of control
103(1)
Common law powers of certain bodies
104(3)
D Miscellaneous bodies Chartered corporations
107(24)
The British Broadcasting Corporation
112(4)
Universities and colleges
116(3)
The Inns of Court
119(1)
Parliament
120(1)
Charities
121(1)
Superior courts
122(7)
Inferior courts
129(2)
E Subject-matter of the claim
131(43)
Contract
135(2)
Statutory restrictions on the power to contract
137(2)
Power to contract
139(10)
Public law principles regulating the exercise of contractual power
149(4)
Contractual position of the Crown
153(3)
Judicial review and employment relationships
156(5)
Tort
161(2)
Statutory duties
163(4)
No, or no live, issue of public law raised
167(3)
Family law
170(4)
F Declarations and injunctions
174(6)
G Damages, restitutionary claims and judicial review
180(1)
H Power to transfer
181
3 Choice of Forum and the Exclusivity of Judicial Review Proceedings in Public Law
A Introduction
1(2)
B The rule in O'Reilly v Mackman
3(43)
Rationale for the rule
5(4)
Effect of the rule
9(3)
Scope of the rule
12(6)
Cases raising only public law issues
18(2)
Cases involving only private law issues
20(1)
Cases involving both private and public law Decisions affecting private law rights
21(9)
Public and private law claims arising
30(8)
Public law decision a precondition to creation of a private law right
38(6)
Cases involving enforcement of a private law right where a collateral issue of public law arises
44(1)
Consent
45(1)
C Defences
Defences in civil proceedings
46(5)
Defences based on the invalidity of the decision to institute proceedings
51(3)
Defence to criminal proceedings
54(5)
Decisions to institute criminal charges
59(1)
Consequences of a successful defence in criminal cases
60(3)
D Relator actions
63(1)
E Habeas corpus
64(1)
F Declarations against the Crown
65(1)
G Specific provision for ordinary claims
66(1)
H Appeal procedures and original jurisdiction of tribunals
67(2)
I Assessment of the rule in O'Reilly v Mackman
69
4 Judicially Reviewable Acts and Omissions
A Introduction
1(4)
B Acts affecting individuals Decisions and determinations
5(46)
Decisions affecting rights
6(2)
Decisions affecting Convention Rights
8(1)
Decisions imposing legal sanctions
9(2)
Decisions affecting personal liberty
11(1)
Decisions affecting livelihood and office
12(1)
Decisions affecting legitimate expectations
13(1)
Exercises of discretionary power
14(2)
Decisions having factual consequences for individuals
16(1)
Procedural decisions
17(3)
Preliminary decisions
20(1)
Decisions on whether or not to institute proceedings
21(6)
Recommendations
27(2)
Managerial decisions
29(2)
Reports
31(5)
Advice and guidance
36(10)
Conduct or action other than decisions affecting an individual
46(5)
C Acts by one public body affecting another public body
51(11)
Central-local government relations Decisions
53(1)
Default powers
54(1)
Fiscal controls
55(1)
Determining the allocation of authority
56(1)
Protection of procedural rights
57(1)
Challenges by central government
58(1)
Relations between local authorities
59(2)
Relations between other public bodies
61(1)
D Measures of general application
62(14)
Acts of Parliament
63(2)
Acts of Parliament and EU law
65(2)
Proposed legislation and EU law
67(2)
Acts of the National Assembly for Wales
69(1)
Delegated legislation
70(3)
Policies
73(2)
Other measures of general application
75(1)
E Failure to act Failure to perform a public law duty
76
Failure to exercise jurisdiction or discretion
80(3)
Non-Justiciable Acts And Omissions
Meaning of justiciability
83(2)
Security issues
85(1)
Foreign affairs and defence
86(2)
Matters of academic judgment
88(1)
Resource allocation in the health field
89(1)
Other issues involving questions of judgment
90(2)
Qualifications on the concept of justiciability
92
5 Invalidity, Partial Invalidity and Severance
A Introduction
1(1)
B The ultra vires principle
2(4)
Basis of the ultra vires principle
3(1)
Exception to the ultra vires principle -- errors of law within jurisdiction
4(2)
C The meaning of null and void in administrative law
Introduction
6(3)
Need to establish invalidity
9(2)
Methods of establishing invalidity
11(1)
Situations where the courts will refuse to intervene
12(4)
Consequences when the courts do intervene
16(1)
Consequences in contract and restitution
17(3)
Consequences in tort
20(6)
Void and voidable
26(2)
D Prospective declarations
28(7)
E Partial invalidity and severance Measures only partially invalid
35
The test for severance or partial invalidity
37(3)
Textual severability
40(2)
Substantial severability
42(3)
Measures other than delegated legislation
45
6 The Prerogative Remedies: Quashing Orders, Prohibiting Orders and Mandatory Orders
A Introduction
1(1)
B Quashing orders The control of ultra vires acts
2(35)
The scope of quashing orders
3(3)
Non-binding acts
6(1)
Quashing orders and nullities
7(1)
Quashing orders and subordinate legislation
8(2)
Refusals or failure to act
10(1)
Threatened unlawful acts
11(1)
Restrictions on the availability of quashing orders
12(4)
The effect of a quashing order
16(3)
Power to remit or substitute a decision
19(4)
Variation of sentences
23(1)
Severance or partial invalidity
24(1)
Standing and discretion
25(1)
Stay of proceedings
26(5)
Principles governing the grant of a stay
31(1)
Consequences of breach of a stay
32(1)
Errors of law on the face of the record
33(1)
Definition of the record
34(1)
Definition of error of law
35(1)
Effect of a quashing order in relation to intra vires of law on the fact of the record
36(1)
C Prohibiting orders Purpose of a prohibiting order
37(10)
Prevention of unlawful action
38(3)
Conditional prohibiting orders
41(1)
Restrictions on prohibiting orders
42(2)
Premature applications for prohibiting orders
44(1)
Interim relief, standing and the discretionary refusal of prohibiting orders
45(1)
Failure to comply with a prohibiting order
46(1)
D Mandatory orders
47
Duty to exercise jurisdiction or discretion
48(3)
Duty to perform a specific act
51(5)
Duties derived from EU Law
56(1)
Duties derived from the European Convention on Human Rights
57(1)
Duties to provide services
58(3)
Duty to comply with orders or directions
61(1)
Restrictions on the availability of mandatory orders Superior court
62(1)
The Crown
63(3)
Matters of military law
66(1)
Technical restrictions
67(2)
Effect of a mandatory order
69(1)
Interim relief
70(1)
Standing and discretion to refuse a remedy
71
7 Declarations
A Introduction
1(1)
B Historical outline
2(7)
Pre-1978 position
5(2)
Position from 1978 onwards
7(2)
C Uses of the declaration in public law
9(31)
To establish whether a decision, order, conduct or other act is ultra vires
12(2)
To establish the invalidity of subordinate legislation
14(2)
To specify the consequences of a finding of invalidity
16(1)
To determine the extent of the powers of a public body
17(3)
To determine the existence and extent of public duties
20(2)
To determine rights
22(5)
To determine questions arising out of legitimate expectations
27(2)
To determine questions of law
29(3)
To determine questions of EU law
32(5)
To determine questions concerning Convention Rights
37(1)
Declarations of incompatibility under the Human Rights Act 1998
38(2)
D Restrictions on the grant of declaratory relief Non-legal claims
40(14)
Matters outside the jurisdiction of municipal courts
41(1)
Validity of Acts of Parliament
42(4)
Internal proceedings of Parliament
46(1)
Intra vires errors of law
47(1)
Hypothetical and academic disputes
48(5)
Other grounds for refusing a declaration
53(1)
E Declarations and the criminal law
54(9)
F Declarations against the crown
63(3)
G Standing
66(2)
H Discretion
68(1)
I Severance or partial invalidity
69(1)
J Interim relief
70(4)
K Effect of granting declaratory relief
74(1)
L Prospective declarations
75(8)
M Declaratory relief outside CPR Part 54
83(1)
N Relator actions
84
8 Injunctions
A Introduction
1(5)
Position prior to 1978
3(2)
The position at the present time
5(1)
B Uses of the injunction in public law Restraining public bodies from acting unlawfully
6(6)
Restraining implementation of unlawful decisions
7(1)
Enforcing public duties
8(3)
Injunctions in the nature of quo warranto
11(1)
C Injunctions against the crown
12(3)
D Injunctions and legislation
15(9)
EU law and legislation
18(3)
Injunctions and subordinate legislation
21(2)
Injunctions and Parliament
23(1)
E Interim relief
24(17)
Serious issue to be determined
27(3)
Balance of convenience: relevance of damages
30(2)
Balance of convenience: the wider public interest
32(3)
Cases affecting third parties
35(1)
Cases involving EU law
36(3)
Procedure for applying for interim relief in judicial review claims
39(2)
F Injunctions outside the judicial review procedure Injunctions in aid of the criminal law
41
Criteria for determining whether to grant an injunction
42(2)
Conduct of the defendant
44(1)
Adequacy of the criminal penalties
45(1)
Other considerations
46(2)
Interlocutory injunctions
48(2)
Defences to the action
50(2)
Defences under EU law
52(2)
Procedure
54(3)
Injunctions in public law cases
57(1)
Injunctions to enforce a public right
58(1)
Local authorities
59(1)
Statutory provision for injunctions
60(3)
Injunctions and chartered bodies
63
9 Machinery of Judicial Review
A Introduction
1(3)
B The pre-action protocol
4(1)
C Applications for permission Procedure for applying for permission
5(90)
Form N461
7(1)
Need to specify the measure challenged and the remedies sought
8(1)
Need to specify grounds and facts in respect of which a remedy is claimed
9(4)
Written evidence in support of claim
13(1)
Procedure in urgent cases and cases involving interim relief
14(1)
Applications to be made in London, Cardiff or one of the regional centres
15(1)
Time-limits for bringing the claim and delay
16(2)
Time limits and EU law
18(2)
Specific time-limits for procurement and planning claims
20(1)
Date from which time begins to run in cases of decisions and other acts
21(1)
Staged decision-making processes
22(5)
Alternative administrative remedies
27(2)
Subordinate legislation
29(2)
Primary legislation and EU law
31(1)
Primary legislation and declarations of incompatibility
32(1)
Date from which time runs in cases of failure to act
33(1)
Extension of time for bringing claims for judicial review
34(6)
Public importance
40(1)
Parties cannot extend time by agreement
41(1)
Effect of a grant of an extension of time
42(1)
Effect of a finding that a claim was brought promptly
43(1)
Applications for protective costs orders
44(5)
Proposed legislative changes
49(1)
Protective costs orders and environmental challenges falling within the Aarhus Convention
50(2)
Service of the claim form on the defendant and interested parties
52(1)
Acknowledgment of service
53(1)
Consideration of the initial application for permission
54(3)
Test for granting permission
57(1)
Arguable case
58(1)
Cases totally without merit
59(1)
Procedure
60(1)
Delay
61(1)
Alternative remedies
62(1)
Discretion to refuse a remedy
63(1)
Standing
64(1)
Permission limited to certain grounds or decisions only
65(3)
Directions, venue and ancillary orders
68(2)
Notification
70(1)
Renewal of application if permission is refused
71(2)
Appeals against refusal of permission: the distinction between criminal and non-criminal or civil matters
73(4)
Appeals against refusals of permission in civil cases
77(2)
Refusal of permission in a criminal cause or matter
79(1)
Challenging the grant of permission Application to set aside the grant of permission
80(1)
Appeal
81(1)
Striking out
82(1)
Challenging a decision to set aside permission
83(1)
Costs at the permission stage Costs where permission is granted
84(2)
Costs where permission refused on the papers
86(3)
Costs where permission refused at an oral hearing
89(1)
Wasted costs
90(1)
Costs where proceedings are discontinued or settled
91(4)
D The claim for judicial review
95(35)
Defendant and interested parties' detailed grounds and written evidence
96(1)
Duty of candour
97(3)
Written evidence and reasons
100(2)
Duty on claimant to reconsider claim
102(1)
Further written evidence
103(1)
Amendments
Additional grounds
104(3)
Additional remedies or challenges to new decisions
107(1)
Interlocutory applications
108(1)
Disclosure
109(1)
Circumstances when disclosure may be ordered
110(6)
Public interest immunity and legal professional privilege
116(2)
Closed material procedures
118(1)
Further information
119(1)
Cross-examination
120(2)
Interim relief and stays
122(1)
Protective costs orders
123(2)
Orders disposing of proceedings
125(2)
Listing of cases
127(1)
Bundles of documents
128(1)
Skeleton arguments
129(1)
E The hearing
Parties
130(2)
Forum
132(1)
Burden of proof
133(1)
Fresh evidence
134(2)
Remedies
136(2)
Damages, restitution and recovery of money
138(1)
Conversion to a Part 7 claim
139(1)
Costs
The general rule
140(2)
Two or more parties opposing the claim
142(1)
Intervener's costs
143(1)
Appeals to the Court of Appeal in non-criminal matters
144(2)
Applications for permission to appeal
146(3)
Processing the appeal
149(1)
The appeal
150(2)
Appeals in criminal cases
152
10 Judicial Review and the Upper Tribunal
A Introduction
Judicial review by the Upper Tribunal
1(3)
Judicial review of the Upper Tribunal
4(1)
B Judicial review in the Upper Tribunal
The Upper Tribunal
5(3)
Allocation of judicial review within the Upper Tribunal
8(5)
The powers and remedies of the Upper Tribunal
13(5)
Circumstances in which judicial review claims must be determined by the Upper Tribunal
18(3)
Relevant judicial review directions
21(5)
Circumstances in which judicial review claims may be determined by the Upper Tribunal
26(2)
Effect of transfer of cases as between the High Court and the Upper Tribunal
28(2)
Grounds for seeking judicial review
30(1)
Judicial review procedure in the Upper Tribunal
31(1)
Pre-action protocol
32(1)
Application for permission
33(1)
Time limits
34(2)
Form of application
36(4)
Acknowledgement of service
40(2)
The permission decision
Standing
42(1)
Test
43(2)
Procedure on permission decisions
45(1)
Renewal hearing
46(2)
Procedure following the grant of permission
48(1)
The response
49(1)
The hearing
50(6)
Remedies
56(1)
Costs
57(3)
Appeals
60(4)
C Judicial review of the Upper Tribunal
The decision in Cart and amenability to judicial review
64(2)
The procedure for judicially reviewing the Upper Tribunal
66(4)
The permission test
70(2)
Appeals
72
11 Standing
A Introduction
1(4)
B A uniform test of sufficient interest
5(33)
Test for standing at the permission stage
7(1)
Test at the hearing -- meaning of sufficient interest
8(2)
Scope of the statutory power or duty
10(3)
Nature of the claimant's interest
13(4)
Procedural entitlement as an indication of sufficient interest
17(1)
Public interest in challenge
18(2)
Representative bodies
20(4)
Public interest groups
24(3)
Standing under the Human Rights Act 1998
27(1)
Challenges to local authority decisions
28(4)
Challenges by public bodies
32(1)
Challenges by local authorities
33(3)
Nature of the breach
36(2)
C Effect of a finding of no sufficient interest
38(1)
D Capacity
39(1)
E Standing outside CPR, Part 54
40
12 The Discretion of the Court to Refuse a Remedy and the Exclusion of Judicial Review
A Introduction
1(4)
B Conduct of the claimant
5(14)
Delay
9(4)
Prematurity
13(6)
C Remedy of no practical use
19(14)
No injustice or prejudice suffered
22(4)
Decision would be the same irrespective of the error
26(7)
D Impact on third parties
33(2)
E Impact on administration
35(5)
F Nature of decision
40(2)
Nature of the error committed
41(1)
G Alternative remedies
Existence of alternative remedies
42(1)
Exhaustion of alternative remedies
43(2)
Rationale for the principle
45(1)
Scope of the principle
46(1)
Type of error
47(5)
Distinction between appeal and review
52(1)
Situations in which alternative remedy inadequate
53(4)
Appellate machinery inadequate to resolve dispute
57(2)
Urgency and speed
59(2)
Need for an interim remedy
61(1)
Costs
62(2)
Need for authoritative judicial guidance
64(2)
Relevance of an ultimate right of appeal to a court
66(3)
Preliminary decisions
69(2)
Other exceptional circumstances
71(1)
No appeal available
72(2)
Decisions of inferior courts and tribunals where permission required to appeal
74(2)
Stage at which existence of alternative remedies should be considered
76(1)
H Implied exclusion of judicial review General position
77(9)
Duties and default powers
78(1)
Early exceptions to Pasmore
79(1)
Current approach to alternative remedies and statutory duties
80(2)
Enforcement of a statutory right
82(4)
I Statutory exclusion and restriction of judicial review
Introduction
86(3)
Final and conclusive and similar clauses
89(3)
Shall not be questioned and similar clauses
92(3)
Designation of a court or tribunal as a superior court of record
95(1)
No certiorari and similar clauses
96(1)
Conclusive evidence and similar clauses
97(5)
Partial ouster clauses
102(3)
"As if" enacted clauses
105(1)
Statutory reform of ouster clauses
106(2)
Scope of section 12
Measures within section 12
108(2)
Types of ouster clauses within section 12
110(5)
Acts within section 12
115(1)
Remedies restored by section 12
116(1)
Statutory applications to quash and time-limited ouster clauses
117(3)
Possible exceptions
120(1)
Significance of the Tribunals and Inquiries Act 1992
121(1)
Ouster clauses and EU law
122(1)
Ouster clauses and the European Convention on Human Rights
123
13 Habeas Corpus
A Introduction
1(1)
B Scope of the jurisdiction
2(22)
Nature of review on habeas corpus application
Questions of fact
4(5)
Questions of legal validity
9(5)
Burden and standard of proof
14(2)
Discretion to refuse habeas corpus
16(3)
Habeas corpus and superior courts of record
19(1)
Habeas corpus and criminal appeals
20(1)
Habeas corpus and the Crown
21(1)
Committals by Parliament
22(1)
Territorial scope of habeas corpus
23(1)
C Procedure
Application for the writ
24(2)
Powers of court on an application without notice
26(2)
Procedure at the hearing
28(1)
Power of the court at a hearing
29(2)
Issue of the writ
31(1)
Return of the writ and procedure at the hearing
32(1)
Costs
33(1)
Appeals
34(2)
Other writs of habeas corpus
36
14 Appeals and Statutory Applications
A Introduction
1(2)
B Appeal by way of case stated General
3(2)
C Appeals by case stated from the Crown Court Jurisdiction to state a case
5(12)
Interlocutory decisions by the Crown Court
8(2)
Procedure for stating a case
10(2)
Lodging the appeal
12(1)
Listing of cases
13(1)
Procedure on appeal
14(1)
Appeals
15(2)
D Appeals by case stated from a magistrates' court Jurisdiction to state a case
17(23)
Interlocutory decisions of magistrates' courts
19(3)
Procedure for stating a case
22(4)
Form of the case
26(1)
Lodging the appeal
27(1)
Listing of cases
28(1)
Procedure on appeal
29(1)
Amendment
30(1)
Powers of the court
31(2)
Costs
33(1)
Appeal
34(2)
Relationship between appeal by case stated and other remedies
36(4)
E Appeals by case stated by other public bodies to the High Court Jurisdiction to hear appeals by case stated
40(7)
Application
41(1)
Interlocutory decisions
42(1)
Procedure for stating a case
43(2)
Proceedings for determination of a case
45(1)
Amendment
46(1)
F Appeal by case stated to the Court of Appeal
47(1)
G Appeal to the High Court
Jurisdiction to hear appeals
48(5)
Procedure for appealing
53(3)
Amendment
56(1)
Listing of cases
57(1)
Procedure at the hearing
58(1)
Powers of the High Court
59(1)
Costs
60(1)
Planning appeals
61(4)
Appeals from professional disciplinary bodies
65(2)
Appeals to the Court of Appeal
67(1)
H Appeal to the Court of Appeal
68(1)
I Statutory applications to quash
Jurisdiction to hear applications
69(3)
Standing
72(2)
Time-limits
74(1)
Procedure for applying
75(2)
Witness statements
77(1)
Interim relief
78(1)
Amendments
79(1)
Hearing of the application
80(1)
Powers
81(2)
Costs
83(2)
Relationship with other remedies
85(1)
Miscellaneous
86
15 Damages and the Principles Governing Public Authority Liability
A Introduction
1(2)
B Tortious liability
Negligence
Introduction
3(3)
Duty of care
6(5)
Purpose for which a statutory power is conferred
11(3)
Nature of the function
14(9)
Practical consequences of imposing liability
23(2)
Relevance of alternative remedies
25(2)
Kind of harm
27(3)
Omissions and failure to exercise a power
30(3)
Liability for acts of third parties
33(3)
Relevance of the European Convention on Human Rights
36(1)
Negligent misstatement
37(4)
Breach, causation and loss
41(1)
Non-justiciable decisions, discretion and the operational-policy distinction
42(7)
Striking out
49(2)
Summary judgment
51(1)
Nuisance
52(5)
The rule in Rylands v Fletcher
57(3)
Breach of statutory duty
Introduction
60(4)
Relevance of alternative remedies
64(1)
Default powers and administrative remedies
65(3)
Alternative means of enforcement and the availability of judicial review
68(4)
Obligations imposed for a defined class of persons
72(5)
Non-feasance and highways
77(1)
Conditions of liability
78(2)
Trespass
80(2)
False imprisonment
82(9)
Other torts relevant to the criminal justice system
91(1)
Mode of trial
92(1)
General considerations governing tortious liability in the criminal justice field
Liability of the police
93(1)
Exemplary damages
94(2)
Miscellaneous torts
96(1)
Misfeasance in a public office
97(1)
Meaning of public office
98(2)
Malice or knowledge of unlawfulness
100(3)
Causation and damages
103(3)
Proximity
106(1)
Relationship with other torts
107(1)
Immunities
Judicial immunity
108(5)
Specific statutory immunities
113(1)
C Breach of EU law
114(1)
D Damages under the Human Rights Act 1998
115(1)
E Contract
116(6)
Whether contract exists
117(1)
Contract and public sector employment
118(1)
Public law principles and contract
119(3)
F Restitution
122(13)
Possible defences and time limits
125(2)
Recovery of money paid by a public body
127(1)
Procedure
128(3)
Statutory provision for recovery and set-off
131(2)
Charges levied contrary to EU law
133(2)
G Relevance of remedial discretion of the courts to private law claims
135(1)
H Statutory compensation
136(1)
I Crown proceedings
Introduction
137(1)
Liability in tort
138(2)
Immunities
Judicial functions
140(1)
Armed forces
141(1)
Personal liability of the Sovereign
142(1)
Acts not done in respect of the government of the UK
143(1)
Definition of the Crown
144(2)
Liability in contract
146(4)
Personal liability of the Sovereign
150(1)
Procedure
151(3)
Disclosure, further information and evidence
154(1)
Remedies and execution
155
16 Remedies under the Human Rights Act 1998
A Introduction
1(19)
The structure of the Human Rights Act
Convention rights
6(2)
Decisions of the European Court of Human Rights
8(1)
Primary and subordinate legislation
9(1)
Challenges to administrative action
10(1)
Other provisions
11(2)
Acts incompatible with Convention rights
13(2)
Meaning of public authority
15(1)
Core public authorities
16(1)
Hybrid public authorities
17(3)
D Primary legislation incompatible with Convention rights
Section 3
20(1)
Section 4
21(1)
E Damages for breach of Convention rights
22(14)
Article 2
25(1)
Article 3
26(1)
Article 5
27(1)
Article 6
28(1)
Article 8
29(1)
Article 12
30(1)
Article 14
31(1)
Article 1 of the First Protocol
32(1)
Article 3 of the First Protocol
33(1)
Judicial acts
34(1)
Procedure
35(1)
F Machinery under the Human Rights Act 1998
36
Standing
39(2)
Appropriate court or tribunal
41(2)
Judicial acts
43(1)
Time limits
44
17 Remedies for the Enforcement of European Union Law in National Courts
A The significance of the law of the European Union
1(4)
B Direct effect---the position under EU law
Treaty provisions
5(1)
Test for direct effect
6(6)
Partial direct effect
12(1)
Temporal limitations and prospective direct effect
13(3)
Regulations
16(2)
Directives
18(3)
Definition of emanation of the State
21(5)
Test for direct effect
26(1)
Decisions
27(2)
Agreements between the EU and non-Member States
29(2)
C Supremacy of European law---the position under EU law
31(2)
D Duty of consistent interpretation
33(1)
E The obligation to achieve full and effective protection
34(1)
F State liability in damages for violation of EU law
35(1)
G EU law in the UK
Direct effect
36(3)
Implementation of EU obligations
39(3)
Supremacy of EU law before UK courts
42(6)
Duty of uniform interpretation
48(4)
H Remedies for breaches of EU law
Principles laid down by the Court of Justice on remedies
52(2)
The need to ensure full and effective protection
54(1)
The principles of effectiveness and equivalence
55(2)
Meaning of equivalence
57(4)
The principle of full and effective protection: specific requirements
Breach of European Union law: appropriate remedies
61(2)
State liability in damages
The decision in Francovich
63(3)
Conditions for State liability
66(6)
Substantive and procedural conditions governing State liability in damages
72(2)
Restitutionary claims
74(1)
Other specific remedies
75(1)
Right to a judicial remedy
76(1)
Courts having jurisdiction
77(1)
Availability of interim relief
78(1)
Time-limits
79(3)
Interest
82(1)
Ancillary procedural conditions
83(1)
Additional restrictions on national law
84(1)
I Remedies in the law of England and Wales
85
Public law remedies
86(1)
Decisions contrary to EU law
87(1)
Public law powers and EU law
88(1)
Powers and duties derived from EU law
89(1)
Primary legislation and EU law
90(2)
Subordinate legislation and EU law
92(2)
Challenges to EU legislative measures
94(1)
Time limits
95(1)
Interim relief in public law
96(4)
Role of the court
100(1)
Discretion
101(1)
Habeas corpus
102(1)
Appeals
103(2)
Private law remedies
105(1)
Damages against a public authority
106(7)
Remedies against private individuals
113(1)
Private law causes of action: damages for breach of statutory duty
114(1)
Injunctions
115(2)
Declarations
117(1)
Negligence
118(1)
Economic torts
119(1)
Miscellaneous torts
120(1)
Innominate tort
121(1)
Statutory remedies for discrimination in employment
122(2)
Equal pay
124(3)
Discrimination
127(1)
Restitutionary remedies
128(4)
EU law as a defence
Civil actions
132(1)
Criminal law
133
18 References to the Court of Justice for a Preliminary Ruling under Article 267 of the Treaty on the Functioning of the European Union
A Introduction
1(2)
B Questions that may be referred
3(1)
C Questions of fact and national law
4(1)
D Hypothetical questions
5(1)
E Courts and tribunals which may refer under Article 267 TFEU
6(8)
Arbitration tribunals
12(1)
UK courts and tribunals
13(1)
F Courts and tribunals which are obliged to refer under Article 267(3) TFEU
14(9)
The Supreme Court and the Court of Appeal
16(3)
The High Court in criminal cases
19(2)
Administrative tribunals
21(2)
G Exceptions to the obligation to refer in Article 267 TFEU
23(4)
H Discretion to refer under Article 267(2) TFEU
27(2)
I Approach of the UK courts
29(24)
Decision on question of EU law must be necessary
30(3)
General approach to the exercise of discretion
33(1)
Need to determine the facts
34(3)
Need to formulate questions
37(1)
Need to determine questions of national law
38(1)
Previous ruling of the Court of Justice
39(1)
Acte clair
40(2)
Advantages enjoyed by the Court of Justice
42(1)
Delay and cost
43(2)
Difficulty and importance of point of law
45(2)
Position of the court in the judicial hierarchy
47(1)
Desire not to overburden the Court of Justice
48(1)
Wishes of the parties
49(1)
The presence of similar actions before the Court of Justice
50(1)
Stage at which the reference is sought
51(2)
J Procedure before national courts or tribunals High Court and Court of Appeal
53(7)
Other courts and tribunals
55(1)
Costs and legal aid
56(1)
Appeals against decisions to refer or refusals to refer
57(2)
Withdrawal of references
59(1)
K Procedure before the Court of Justice
60(621)
Effect of a preliminary ruling on questions of validity
64(1)
Effect of a preliminary ruling on a question of interpretation
65(616)
Index 681