Judicial Remedies in Public Law 5e

Judicial Remedies in Public Law 5e

By Clive Lewis

Book

$422.00 RRP

Date: 08/12/2014

Code: 9780414045354

Sweet & Maxwell, UNITED KINGDOM

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Book Judicial Remedies in Public Law 5e 08/12/2014 9780414045354 $422.00 Add to cart

Description

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

Judicial Remedies in Public Law will:

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

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

Table of Contents

1. Introduction
2. The Availability of Judicial Review
3. Choice of Forum and the Exclusivity of Judicial Review Proceedings in Public Law
4. Judicially Reviewable Acts and Omissions
5. Invalidity, Partial Invalidity and Severance
6. The Prerogative Remedies: Quashing Orders, Prohibiting Orders and Mandatory Orders
7. Declarations
8. Injunctions
9. Machinery of Judicial Review
10. Standing
11. The Discretion of the Court to Refuse a Remedy and the Exclusion of Judicial Review
12. Habeas Corpus
13. Appeals and Statutory Applications
14. Damages and the Principles Governing Public Authority Liability
15. Remedies for the Enforcement of EU Law in National Courts
16. References to the European Court for a Preliminary Ruling under Art.234EC

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