Preface |
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vii | |
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xxix | |
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cxv | |
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Table of Statutory Instruments |
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cxxiii | |
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Table of Civil Procedure Rules |
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cxxv | |
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Table of International and European Treaties and Conventions |
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cxxxi | |
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Table of European Secondary Legislation |
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cxxxiii | |
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1 | (3) |
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B The claim for judicial review |
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4 | (3) |
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C Significance of the claim for judicial review |
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7 | (4) |
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11 | (1) |
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E Statutory mechanisms of challenge |
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12 | (1) |
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F Damages and restitution |
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13 | (3) |
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G European Convention on Human Rights |
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16 | (1) |
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17 | |
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2 The Availability of Judicial Review |
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1 | (4) |
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B Source of the power Statute |
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5 | (73) |
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Non-statutory bodies exercising statutory powers |
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7 | (2) |
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Situations where judicial review is inappropriate |
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9 | (1) |
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Rationale for judicial review of statutory powers and duties |
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10 | (1) |
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Statutory bodies performing a non-public function |
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11 | (3) |
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Statutory bodies and private law Prerogative |
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14 | (4) |
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Availability of judicial review |
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18 | (1) |
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Definition of the prerogative |
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19 | (4) |
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23 | (3) |
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Prerogative powers that are reviewable |
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26 | (1) |
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Prerogative powers to regulate the civil service |
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27 | (2) |
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Powers relating to the defence of the realm |
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29 | (1) |
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Prerogative powers in foreign affairs |
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30 | (4) |
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Powers to legislate for overseas territories and Crown Dependencies |
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34 | (5) |
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The prerogative power to grant a pardon |
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39 | (4) |
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Prerogative power to consent to relator action |
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43 | (2) |
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Prerogative power to stop criminal proceedings |
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45 | (1) |
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Miscellaneous prerogative powers |
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46 | (1) |
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Common law powers of the Crown |
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47 | (6) |
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European Convention on Human Rights |
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53 | (3) |
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56 | (5) |
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Sporting bodies and other bodies deriving jurisdiction from contract |
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61 | (9) |
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Judicial control of domestic tribunals |
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70 | (2) |
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Criticism of the existing position |
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72 | (1) |
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Public bodies acquiring jurisdiction by contract |
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73 | (5) |
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Bodies performing public functions |
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78 | (3) |
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Government or public authority involvement |
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81 | (9) |
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90 | (4) |
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Private bodies discharging functions on behalf of public bodies |
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94 | (6) |
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The nature and importance of the function |
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100 | (3) |
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The absence of private law mechanisms of control |
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103 | (1) |
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Common law powers of certain bodies |
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104 | (3) |
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D Miscellaneous bodies Chartered corporations |
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107 | (24) |
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The British Broadcasting Corporation |
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112 | (4) |
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Universities and colleges |
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116 | (3) |
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119 | (1) |
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120 | (1) |
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121 | (1) |
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122 | (7) |
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129 | (2) |
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E Subject-matter of the claim |
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131 | (43) |
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135 | (2) |
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Statutory restrictions on the power to contract |
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137 | (2) |
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139 | (10) |
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Public law principles regulating the exercise of contractual power |
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149 | (4) |
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Contractual position of the Crown |
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153 | (3) |
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Judicial review and employment relationships |
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156 | (5) |
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161 | (2) |
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163 | (4) |
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No, or no live, issue of public law raised |
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167 | (3) |
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170 | (4) |
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F Declarations and injunctions |
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174 | (6) |
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G Damages, restitutionary claims and judicial review |
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180 | (1) |
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181 | |
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3 Choice of Forum and the Exclusivity of Judicial Review Proceedings in Public Law |
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1 | (2) |
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B The rule in O'Reilly v Mackman |
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3 | (43) |
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5 | (4) |
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9 | (3) |
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12 | (6) |
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Cases raising only public law issues |
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18 | (2) |
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Cases involving only private law issues |
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20 | (1) |
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Cases involving both private and public law Decisions affecting private law rights |
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21 | (9) |
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Public and private law claims arising |
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30 | (8) |
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Public law decision a precondition to creation of a private law right |
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38 | (6) |
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Cases involving enforcement of a private law right where a collateral issue of public law arises |
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44 | (1) |
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45 | (1) |
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Defences in civil proceedings |
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46 | (5) |
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Defences based on the invalidity of the decision to institute proceedings |
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51 | (3) |
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Defence to criminal proceedings |
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54 | (5) |
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Decisions to institute criminal charges |
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59 | (1) |
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Consequences of a successful defence in criminal cases |
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60 | (3) |
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63 | (1) |
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64 | (1) |
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F Declarations against the Crown |
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65 | (1) |
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G Specific provision for ordinary claims |
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66 | (1) |
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H Appeal procedures and original jurisdiction of tribunals |
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67 | (2) |
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I Assessment of the rule in O'Reilly v Mackman |
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69 | |
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4 Judicially Reviewable Acts and Omissions |
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1 | (4) |
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B Acts affecting individuals Decisions and determinations |
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5 | (46) |
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Decisions affecting rights |
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6 | (2) |
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Decisions affecting Convention Rights |
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8 | (1) |
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Decisions imposing legal sanctions |
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9 | (2) |
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Decisions affecting personal liberty |
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11 | (1) |
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Decisions affecting livelihood and office |
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12 | (1) |
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Decisions affecting legitimate expectations |
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13 | (1) |
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Exercises of discretionary power |
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14 | (2) |
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Decisions having factual consequences for individuals |
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16 | (1) |
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17 | (3) |
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20 | (1) |
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Decisions on whether or not to institute proceedings |
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21 | (6) |
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27 | (2) |
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29 | (2) |
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31 | (5) |
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36 | (10) |
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Conduct or action other than decisions affecting an individual |
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46 | (5) |
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C Acts by one public body affecting another public body |
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51 | (11) |
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Central-local government relations Decisions |
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53 | (1) |
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54 | (1) |
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55 | (1) |
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Determining the allocation of authority |
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56 | (1) |
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Protection of procedural rights |
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57 | (1) |
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Challenges by central government |
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58 | (1) |
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Relations between local authorities |
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59 | (2) |
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Relations between other public bodies |
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61 | (1) |
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D Measures of general application |
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62 | (14) |
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63 | (2) |
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Acts of Parliament and EU law |
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65 | (2) |
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Proposed legislation and EU law |
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67 | (2) |
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Acts of the National Assembly for Wales |
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69 | (1) |
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70 | (3) |
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73 | (2) |
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Other measures of general application |
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75 | (1) |
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E Failure to act Failure to perform a public law duty |
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76 | |
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Failure to exercise jurisdiction or discretion |
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80 | (3) |
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Non-Justiciable Acts And Omissions |
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Meaning of justiciability |
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83 | (2) |
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85 | (1) |
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Foreign affairs and defence |
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86 | (2) |
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Matters of academic judgment |
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88 | (1) |
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Resource allocation in the health field |
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89 | (1) |
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Other issues involving questions of judgment |
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90 | (2) |
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Qualifications on the concept of justiciability |
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92 | |
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5 Invalidity, Partial Invalidity and Severance |
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1 | (1) |
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B The ultra vires principle |
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2 | (4) |
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Basis of the ultra vires principle |
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3 | (1) |
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Exception to the ultra vires principle -- errors of law within jurisdiction |
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4 | (2) |
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C The meaning of null and void in administrative law |
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6 | (3) |
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Need to establish invalidity |
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9 | (2) |
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Methods of establishing invalidity |
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11 | (1) |
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Situations where the courts will refuse to intervene |
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12 | (4) |
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Consequences when the courts do intervene |
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16 | (1) |
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Consequences in contract and restitution |
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17 | (3) |
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20 | (6) |
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26 | (2) |
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D Prospective declarations |
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28 | (7) |
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E Partial invalidity and severance Measures only partially invalid |
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35 | |
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The test for severance or partial invalidity |
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37 | (3) |
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40 | (2) |
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42 | (3) |
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Measures other than delegated legislation |
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45 | |
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6 The Prerogative Remedies: Quashing Orders, Prohibiting Orders and Mandatory Orders |
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1 | (1) |
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B Quashing orders The control of ultra vires acts |
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2 | (35) |
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The scope of quashing orders |
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3 | (3) |
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6 | (1) |
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Quashing orders and nullities |
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7 | (1) |
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Quashing orders and subordinate legislation |
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8 | (2) |
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Refusals or failure to act |
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10 | (1) |
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11 | (1) |
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Restrictions on the availability of quashing orders |
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12 | (4) |
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The effect of a quashing order |
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16 | (3) |
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Power to remit or substitute a decision |
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19 | (4) |
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23 | (1) |
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Severance or partial invalidity |
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24 | (1) |
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25 | (1) |
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26 | (5) |
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Principles governing the grant of a stay |
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31 | (1) |
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Consequences of breach of a stay |
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32 | (1) |
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Errors of law on the face of the record |
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33 | (1) |
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34 | (1) |
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Definition of error of law |
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35 | (1) |
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Effect of a quashing order in relation to intra vires of law on the fact of the record |
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36 | (1) |
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C Prohibiting orders Purpose of a prohibiting order |
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37 | (10) |
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Prevention of unlawful action |
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38 | (3) |
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Conditional prohibiting orders |
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41 | (1) |
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Restrictions on prohibiting orders |
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42 | (2) |
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Premature applications for prohibiting orders |
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44 | (1) |
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Interim relief, standing and the discretionary refusal of prohibiting orders |
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45 | (1) |
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Failure to comply with a prohibiting order |
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46 | (1) |
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47 | |
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Duty to exercise jurisdiction or discretion |
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48 | (3) |
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Duty to perform a specific act |
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51 | (5) |
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Duties derived from EU Law |
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56 | (1) |
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Duties derived from the European Convention on Human Rights |
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57 | (1) |
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Duties to provide services |
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58 | (3) |
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Duty to comply with orders or directions |
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61 | (1) |
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Restrictions on the availability of mandatory orders Superior court |
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62 | (1) |
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63 | (3) |
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66 | (1) |
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67 | (2) |
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Effect of a mandatory order |
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69 | (1) |
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70 | (1) |
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Standing and discretion to refuse a remedy |
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71 | |
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1 | (1) |
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2 | (7) |
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5 | (2) |
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Position from 1978 onwards |
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7 | (2) |
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C Uses of the declaration in public law |
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9 | (31) |
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To establish whether a decision, order, conduct or other act is ultra vires |
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12 | (2) |
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To establish the invalidity of subordinate legislation |
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14 | (2) |
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To specify the consequences of a finding of invalidity |
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16 | (1) |
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To determine the extent of the powers of a public body |
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17 | (3) |
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To determine the existence and extent of public duties |
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20 | (2) |
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22 | (5) |
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To determine questions arising out of legitimate expectations |
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27 | (2) |
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To determine questions of law |
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29 | (3) |
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To determine questions of EU law |
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32 | (5) |
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To determine questions concerning Convention Rights |
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37 | (1) |
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Declarations of incompatibility under the Human Rights Act 1998 |
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38 | (2) |
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D Restrictions on the grant of declaratory relief Non-legal claims |
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40 | (14) |
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Matters outside the jurisdiction of municipal courts |
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41 | (1) |
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Validity of Acts of Parliament |
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42 | (4) |
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Internal proceedings of Parliament |
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46 | (1) |
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Intra vires errors of law |
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47 | (1) |
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Hypothetical and academic disputes |
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48 | (5) |
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Other grounds for refusing a declaration |
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53 | (1) |
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E Declarations and the criminal law |
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54 | (9) |
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F Declarations against the crown |
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63 | (3) |
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66 | (2) |
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68 | (1) |
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I Severance or partial invalidity |
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69 | (1) |
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70 | (4) |
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K Effect of granting declaratory relief |
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74 | (1) |
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L Prospective declarations |
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75 | (8) |
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M Declaratory relief outside CPR Part 54 |
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83 | (1) |
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84 | |
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1 | (5) |
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3 | (2) |
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The position at the present time |
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5 | (1) |
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B Uses of the injunction in public law Restraining public bodies from acting unlawfully |
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6 | (6) |
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Restraining implementation of unlawful decisions |
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7 | (1) |
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8 | (3) |
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Injunctions in the nature of quo warranto |
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11 | (1) |
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C Injunctions against the crown |
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12 | (3) |
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D Injunctions and legislation |
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15 | (9) |
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18 | (3) |
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Injunctions and subordinate legislation |
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21 | (2) |
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Injunctions and Parliament |
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23 | (1) |
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24 | (17) |
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Serious issue to be determined |
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27 | (3) |
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Balance of convenience: relevance of damages |
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30 | (2) |
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Balance of convenience: the wider public interest |
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32 | (3) |
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Cases affecting third parties |
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35 | (1) |
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36 | (3) |
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Procedure for applying for interim relief in judicial review claims |
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39 | (2) |
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F Injunctions outside the judicial review procedure Injunctions in aid of the criminal law |
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41 | |
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Criteria for determining whether to grant an injunction |
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42 | (2) |
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44 | (1) |
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Adequacy of the criminal penalties |
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45 | (1) |
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46 | (2) |
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Interlocutory injunctions |
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48 | (2) |
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50 | (2) |
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52 | (2) |
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54 | (3) |
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Injunctions in public law cases |
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57 | (1) |
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Injunctions to enforce a public right |
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58 | (1) |
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59 | (1) |
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Statutory provision for injunctions |
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60 | (3) |
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Injunctions and chartered bodies |
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63 | |
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9 Machinery of Judicial Review |
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1 | (3) |
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B The pre-action protocol |
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4 | (1) |
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C Applications for permission Procedure for applying for permission |
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5 | (90) |
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7 | (1) |
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Need to specify the measure challenged and the remedies sought |
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8 | (1) |
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Need to specify grounds and facts in respect of which a remedy is claimed |
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9 | (4) |
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Written evidence in support of claim |
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13 | (1) |
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Procedure in urgent cases and cases involving interim relief |
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14 | (1) |
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Applications to be made in London, Cardiff or one of the regional centres |
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15 | (1) |
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Time-limits for bringing the claim and delay |
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16 | (2) |
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18 | (2) |
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Specific time-limits for procurement and planning claims |
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20 | (1) |
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Date from which time begins to run in cases of decisions and other acts |
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21 | (1) |
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Staged decision-making processes |
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22 | (5) |
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Alternative administrative remedies |
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27 | (2) |
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29 | (2) |
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Primary legislation and EU law |
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31 | (1) |
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Primary legislation and declarations of incompatibility |
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32 | (1) |
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Date from which time runs in cases of failure to act |
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33 | (1) |
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Extension of time for bringing claims for judicial review |
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34 | (6) |
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40 | (1) |
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Parties cannot extend time by agreement |
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41 | (1) |
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Effect of a grant of an extension of time |
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42 | (1) |
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Effect of a finding that a claim was brought promptly |
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43 | (1) |
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Applications for protective costs orders |
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44 | (5) |
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Proposed legislative changes |
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49 | (1) |
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Protective costs orders and environmental challenges falling within the Aarhus Convention |
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50 | (2) |
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Service of the claim form on the defendant and interested parties |
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52 | (1) |
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Acknowledgment of service |
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53 | (1) |
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Consideration of the initial application for permission |
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54 | (3) |
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Test for granting permission |
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57 | (1) |
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58 | (1) |
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Cases totally without merit |
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59 | (1) |
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60 | (1) |
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61 | (1) |
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62 | (1) |
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Discretion to refuse a remedy |
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63 | (1) |
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64 | (1) |
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Permission limited to certain grounds or decisions only |
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65 | (3) |
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Directions, venue and ancillary orders |
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68 | (2) |
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70 | (1) |
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Renewal of application if permission is refused |
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71 | (2) |
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Appeals against refusal of permission: the distinction between criminal and non-criminal or civil matters |
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73 | (4) |
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Appeals against refusals of permission in civil cases |
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77 | (2) |
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Refusal of permission in a criminal cause or matter |
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79 | (1) |
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Challenging the grant of permission Application to set aside the grant of permission |
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80 | (1) |
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81 | (1) |
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82 | (1) |
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Challenging a decision to set aside permission |
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83 | (1) |
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Costs at the permission stage Costs where permission is granted |
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84 | (2) |
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Costs where permission refused on the papers |
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86 | (3) |
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Costs where permission refused at an oral hearing |
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89 | (1) |
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90 | (1) |
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Costs where proceedings are discontinued or settled |
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91 | (4) |
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D The claim for judicial review |
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95 | (35) |
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Defendant and interested parties' detailed grounds and written evidence |
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96 | (1) |
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97 | (3) |
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Written evidence and reasons |
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100 | (2) |
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Duty on claimant to reconsider claim |
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102 | (1) |
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103 | (1) |
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104 | (3) |
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Additional remedies or challenges to new decisions |
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107 | (1) |
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Interlocutory applications |
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108 | (1) |
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109 | (1) |
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Circumstances when disclosure may be ordered |
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110 | (6) |
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Public interest immunity and legal professional privilege |
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116 | (2) |
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Closed material procedures |
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118 | (1) |
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119 | (1) |
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120 | (2) |
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122 | (1) |
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123 | (2) |
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Orders disposing of proceedings |
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125 | (2) |
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127 | (1) |
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128 | (1) |
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129 | (1) |
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130 | (2) |
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132 | (1) |
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133 | (1) |
|
|
134 | (2) |
|
|
136 | (2) |
|
Damages, restitution and recovery of money |
|
|
138 | (1) |
|
Conversion to a Part 7 claim |
|
|
139 | (1) |
|
|
|
|
140 | (2) |
|
Two or more parties opposing the claim |
|
|
142 | (1) |
|
|
143 | (1) |
|
Appeals to the Court of Appeal in non-criminal matters |
|
|
144 | (2) |
|
Applications for permission to appeal |
|
|
146 | (3) |
|
|
149 | (1) |
|
|
150 | (2) |
|
Appeals in criminal cases |
|
|
152 | |
|
10 Judicial Review and the Upper Tribunal |
|
|
|
|
|
Judicial review by the Upper Tribunal |
|
|
1 | (3) |
|
Judicial review of the Upper Tribunal |
|
|
4 | (1) |
|
B Judicial review in 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) |
|
|
32 | (1) |
|
Application for permission |
|
|
33 | (1) |
|
|
34 | (2) |
|
|
36 | (4) |
|
Acknowledgement of service |
|
|
40 | (2) |
|
|
|
|
42 | (1) |
|
|
43 | (2) |
|
Procedure on permission decisions |
|
|
45 | (1) |
|
|
46 | (2) |
|
Procedure following the grant of permission |
|
|
48 | (1) |
|
|
49 | (1) |
|
|
50 | (6) |
|
|
56 | (1) |
|
|
57 | (3) |
|
|
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) |
|
|
70 | (2) |
|
|
72 | |
|
|
|
|
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) |
|
|
20 | (4) |
|
|
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) |
|
|
36 | (2) |
|
C Effect of a finding of no sufficient interest |
|
|
38 | (1) |
|
|
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 |
|
|
|
|
1 | (4) |
|
B Conduct of the claimant |
|
|
5 | (14) |
|
|
9 | (4) |
|
|
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) |
|
|
40 | (2) |
|
Nature of the error committed |
|
|
41 | (1) |
|
|
|
Existence of alternative remedies |
|
|
42 | (1) |
|
Exhaustion of alternative remedies |
|
|
43 | (2) |
|
Rationale for the principle |
|
|
45 | (1) |
|
|
46 | (1) |
|
|
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) |
|
|
59 | (2) |
|
Need for an interim remedy |
|
|
61 | (1) |
|
|
62 | (2) |
|
Need for authoritative judicial guidance |
|
|
64 | (2) |
|
Relevance of an ultimate right of appeal to a court |
|
|
66 | (3) |
|
|
69 | (2) |
|
Other exceptional circumstances |
|
|
71 | (1) |
|
|
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 |
|
|
|
|
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) |
|
|
102 | (3) |
|
|
105 | (1) |
|
Statutory reform of ouster clauses |
|
|
106 | (2) |
|
|
|
Measures within section 12 |
|
|
108 | (2) |
|
Types of ouster clauses within section 12 |
|
|
110 | (5) |
|
|
115 | (1) |
|
Remedies restored by section 12 |
|
|
116 | (1) |
|
Statutory applications to quash and time-limited ouster clauses |
|
|
117 | (3) |
|
|
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 | |
|
|
|
|
1 | (1) |
|
B Scope of the jurisdiction |
|
|
2 | (22) |
|
Nature of review on habeas corpus application |
|
|
|
|
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) |
|
|
22 | (1) |
|
Territorial scope of habeas corpus |
|
|
23 | (1) |
|
|
|
|
24 | (2) |
|
Powers of court on an application without notice |
|
|
26 | (2) |
|
|
28 | (1) |
|
Power of the court at a hearing |
|
|
29 | (2) |
|
|
31 | (1) |
|
Return of the writ and procedure at the hearing |
|
|
32 | (1) |
|
|
33 | (1) |
|
|
34 | (2) |
|
Other writs of habeas corpus |
|
|
36 | |
|
14 Appeals and Statutory Applications |
|
|
|
|
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) |
|
|
12 | (1) |
|
|
13 | (1) |
|
|
14 | (1) |
|
|
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) |
|
|
26 | (1) |
|
|
27 | (1) |
|
|
28 | (1) |
|
|
29 | (1) |
|
|
30 | (1) |
|
|
31 | (2) |
|
|
33 | (1) |
|
|
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) |
|
|
41 | (1) |
|
|
42 | (1) |
|
Procedure for stating a case |
|
|
43 | (2) |
|
Proceedings for determination of a case |
|
|
45 | (1) |
|
|
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) |
|
|
53 | (3) |
|
|
56 | (1) |
|
|
57 | (1) |
|
|
58 | (1) |
|
|
59 | (1) |
|
|
60 | (1) |
|
|
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) |
|
|
72 | (2) |
|
|
74 | (1) |
|
|
75 | (2) |
|
|
77 | (1) |
|
|
78 | (1) |
|
|
79 | (1) |
|
Hearing of the application |
|
|
80 | (1) |
|
|
81 | (2) |
|
|
83 | (2) |
|
Relationship with other remedies |
|
|
85 | (1) |
|
|
86 | |
|
15 Damages and the Principles Governing Public Authority Liability |
|
|
|
|
1 | (2) |
|
|
|
|
|
|
3 | (3) |
|
|
6 | (5) |
|
Purpose for which a statutory power is conferred |
|
|
11 | (3) |
|
|
14 | (9) |
|
Practical consequences of imposing liability |
|
|
23 | (2) |
|
Relevance of alternative remedies |
|
|
25 | (2) |
|
|
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) |
|
|
37 | (4) |
|
Breach, causation and loss |
|
|
41 | (1) |
|
Non-justiciable decisions, discretion and the operational-policy distinction |
|
|
42 | (7) |
|
|
49 | (2) |
|
|
51 | (1) |
|
|
52 | (5) |
|
The rule in Rylands v Fletcher |
|
|
57 | (3) |
|
|
|
|
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) |
|
|
78 | (2) |
|
|
80 | (2) |
|
|
82 | (9) |
|
Other torts relevant to the criminal justice system |
|
|
91 | (1) |
|
|
92 | (1) |
|
General considerations governing tortious liability in the criminal justice field |
|
|
|
|
93 | (1) |
|
|
94 | (2) |
|
|
96 | (1) |
|
Misfeasance in a public office |
|
|
97 | (1) |
|
|
98 | (2) |
|
Malice or knowledge of unlawfulness |
|
|
100 | (3) |
|
|
103 | (3) |
|
|
106 | (1) |
|
Relationship with other torts |
|
|
107 | (1) |
|
|
|
|
108 | (5) |
|
Specific statutory immunities |
|
|
113 | (1) |
|
|
114 | (1) |
|
D Damages under the Human Rights Act 1998 |
|
|
115 | (1) |
|
|
116 | (6) |
|
|
117 | (1) |
|
Contract and public sector employment |
|
|
118 | (1) |
|
Public law principles and contract |
|
|
119 | (3) |
|
|
122 | (13) |
|
Possible defences and time limits |
|
|
125 | (2) |
|
Recovery of money paid by a public body |
|
|
127 | (1) |
|
|
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) |
|
|
136 | (1) |
|
|
|
|
137 | (1) |
|
|
138 | (2) |
|
|
|
|
140 | (1) |
|
|
141 | (1) |
|
Personal liability of the Sovereign |
|
|
142 | (1) |
|
Acts not done in respect of the government of the UK |
|
|
143 | (1) |
|
|
144 | (2) |
|
|
146 | (4) |
|
Personal liability of the Sovereign |
|
|
150 | (1) |
|
|
151 | (3) |
|
Disclosure, further information and evidence |
|
|
154 | (1) |
|
|
155 | |
|
16 Remedies under the Human Rights Act 1998 |
|
|
|
|
1 | (19) |
|
The structure of the Human Rights Act |
|
|
|
|
6 | (2) |
|
Decisions of the European Court of Human Rights |
|
|
8 | (1) |
|
Primary and subordinate legislation |
|
|
9 | (1) |
|
Challenges to administrative action |
|
|
10 | (1) |
|
|
11 | (2) |
|
Acts incompatible with Convention rights |
|
|
13 | (2) |
|
Meaning of public authority |
|
|
15 | (1) |
|
|
16 | (1) |
|
Hybrid public authorities |
|
|
17 | (3) |
|
D Primary legislation incompatible with Convention rights |
|
|
|
|
20 | (1) |
|
|
21 | (1) |
|
E Damages for breach of Convention rights |
|
|
22 | (14) |
|
|
25 | (1) |
|
|
26 | (1) |
|
|
27 | (1) |
|
|
28 | (1) |
|
|
29 | (1) |
|
|
30 | (1) |
|
|
31 | (1) |
|
Article 1 of the First Protocol |
|
|
32 | (1) |
|
Article 3 of the First Protocol |
|
|
33 | (1) |
|
|
34 | (1) |
|
|
35 | (1) |
|
F Machinery under the Human Rights Act 1998 |
|
|
36 | |
|
|
39 | (2) |
|
Appropriate court or tribunal |
|
|
41 | (2) |
|
|
43 | (1) |
|
|
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 |
|
|
|
|
5 | (1) |
|
|
6 | (6) |
|
|
12 | (1) |
|
Temporal limitations and prospective direct effect |
|
|
13 | (3) |
|
|
16 | (2) |
|
|
18 | (3) |
|
Definition of emanation of the State |
|
|
21 | (5) |
|
|
26 | (1) |
|
|
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) |
|
|
|
|
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) |
|
|
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) |
|
|
74 | (1) |
|
|
75 | (1) |
|
Right to a judicial remedy |
|
|
76 | (1) |
|
Courts having jurisdiction |
|
|
77 | (1) |
|
Availability of interim relief |
|
|
78 | (1) |
|
|
79 | (3) |
|
|
82 | (1) |
|
Ancillary procedural conditions |
|
|
83 | (1) |
|
Additional restrictions on national law |
|
|
84 | (1) |
|
I Remedies in the law of England and Wales |
|
|
85 | |
|
|
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) |
|
|
95 | (1) |
|
Interim relief in public law |
|
|
96 | (4) |
|
|
100 | (1) |
|
|
101 | (1) |
|
|
102 | (1) |
|
|
103 | (2) |
|
|
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) |
|
|
115 | (2) |
|
|
117 | (1) |
|
|
118 | (1) |
|
|
119 | (1) |
|
|
120 | (1) |
|
|
121 | (1) |
|
Statutory remedies for discrimination in employment |
|
|
122 | (2) |
|
|
124 | (3) |
|
|
127 | (1) |
|
|
128 | (4) |
|
|
|
|
132 | (1) |
|
|
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 |
|
|
|
|
1 | (2) |
|
B Questions that may be referred |
|
|
3 | (1) |
|
C Questions of fact and national law |
|
|
4 | (1) |
|
|
5 | (1) |
|
E Courts and tribunals which may refer under Article 267 TFEU |
|
|
6 | (8) |
|
|
12 | (1) |
|
|
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) |
|
|
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) |
|
|
40 | (2) |
|
Advantages enjoyed by the Court of Justice |
|
|
42 | (1) |
|
|
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) |
|
|
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) |
|
|
56 | (1) |
|
Appeals against decisions to refer or refusals to refer |
|
|
57 | (2) |
|
|
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 | |