The ever-expanding field of public law in England and Wales necessitates a clear and comprehensive understanding of the judicial remedies available to those seeking to challenge the actions and decisions of public bodies. The new edition of Judicial Remedies in Public Law is your definitive resource, offering unparalleled guidance for practitioners in this critical area.
As public interest in holding the executive to account grows, so too does the volume of case law surrounding judicial review and other public law remedies. This book serves as an indispensable tool for navigating this complex landscape, providing practical and authoritative knowledge for effectively making or defending claims.
Key Features:
- Comprehensive Coverage of Remedies: Explore the full range of judicial remedies, from the most common applications to less frequently used options such as habeas corpus, ensuring you're equipped for any scenario.
- Current Scope, Procedure, and Practice: Gain a thorough understanding of the contemporary scope, procedural requirements, and practical application of judicial review and other public law remedies.
- Situations for Judicial Review: The early sections of the book expertly guide you through the various circumstances in which judicial review is available, setting the foundation for effective claims.
- Legal Consequences of Success: Understand the legal ramifications and outcomes of a successful judicial review application, enabling you to advise clients with confidence.
- Detailed Remedy Breakdown: Delve into specific remedies including prerogative remedies, declaratory relief (clarifying legal positions and rights), injunctions (preventing unlawful public body actions), and habeas corpus.
- Procedural Guidance for Civil Procedure Rules and Human Rights Act 1998: Master the detailed procedures for bringing judicial review claims under the Civil Procedure Rules and the Human Rights Act 1998.
- EU Law Remedies: Benefit from descriptions and analyses of remedies available under EU law, an increasingly important aspect of public law.
- Appeals and Statutory Applications: Receive expert advice on various appeal mechanisms and statutory applications, from appeals by way of case stated to applications for quashing public body decisions.
- Updates on Practice and Procedure: Stay current with recent changes in practice and procedure, including revisions to rules on delay, protective costs orders, cross-examination, and disclosure.
- Tribunal System Developments: Understand the implications of the re-organised Tribunal System on appeals and statutory applications.
- Thorough Legal Analysis with Accessible Approach: Benefit from a comprehensive and rigorous legal analysis presented in a clear, practical, and user-friendly manner, making complex concepts easy to grasp.
New to this edition:
- Changes in legislation providing that courts may suspend a remedy and limit the retrospective of remedies.
- Significant developments in the law governing the discretion to refuse a remedy – including the proper approach to section 31(2A) of the Senior Courts Act 1981 (whether it is highly likely that the outcome for the claimant would not be substantially different) and on the availability of alternative remedies.
- Changes in practice and procedure on bringing claims for judicial review.
- Developments on the availability of judicial review including review of bodies in the national health sector and political parties and on standing to bring claims.
- Developments in the case law on the grant of injunctions, including interim injunctions, in public law.
- Significant developments in the case law governing habeas corpus – including the circumstances when habeas corpus is available and when it made be used to challenge the legal validity of decisions.
- Developments in the case law of the Supreme Court on the role of the courts when considering whether there has been a breach of the ECHR.
- Developments in the case law on claiming damages from public bodies.
Judicial Remedies in Public Law is an essential work for barristers, solicitors, and academics specialising in administrative and public law, offering the most up-to-date and practical guidance available.
