Legal Profession

Judicial Remedies in Public Law, 5th Edition

By Clive Lewis
Sweet & Maxwell U.K. December 2014

Specifications

ISBN-13
9780414045354
Publisher
Sweet & Maxwell U.K.
Publication
December 2014
Format
Hardback , 712 pages
Jurisdiction
European Union, U.K. ? Countri(es) for reference only

Details

This popular text provides a comprehensive guide to the remedies available to litigants in public law.

Its great strength is its specific focus. By concentrating exclusively on remedies it is able to offer detailed guidance on the whole range of available remedies, going beyond the core public law remedies available under judicial review to those which are less common.

The new 5th edition has been brought up to date with major developments in the law, including the new Tribunal System, revision of the rules on delay, protective costs orders, cross-examination and disclosure, and major changes in the rules governing judicial review claims for breach of EU law, as well as important case law.

  • Explains the complete range of public law remedies, from the prerogative remedies, declarations and injunctions to habeas corpus and statutory mechanisms of challenge
  • Outlines the relevant procedures from start to finish, giving guidance on the options at each stage
  • Examines the discretion of the court to refuse a remedy
  • Discusses damages against public bodies
  • Covers recent developments in legislation, case law, practice and procedure
  • Includes the remedies available under EU law

Table of Contents

  1. Introduction.
  2. 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:
  7. Quashing Orders,
  8. Prohibiting Orders and Mandatory Orders.
  9. Declarations.
  10. Injunctions.
  11. Machinery of Judicial
  12. Review.
  13. Standing.
  14. Discretion of the Court to Refuse a Remedy and the Exclusion of Judicial Review.
  15. Habeas Corpus.
  16. Appeals and Statutory Applications.
  17. Damages and the Principles Governing Public Authority Liability.
  18. Remedies for the Enforcement of EU Law in National Courts.
  19. References to the European Court for a Preliminary Ruling under Art.234EC
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