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Judicial Remedies in Public Law
Judicial Remedies in Public Law
5th Edition
Practice Area:  Administrative Law
ISBN:  9780414045354
Published by:  Sweet & Maxwell
Publication Date:  08 Dec 2014
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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 Judicial review procedure including time-limits, protective costs orders, disclosure and the duty of candour costs, and the areas to which judicial review applies
  • New chapters added by contributor C.J.S. Knight on Judicial Review and the Upper Tribunal, and on the Human Rights Act 1998
  • Major changes in relation to appeals and statutory applications with the development of the new Tribunal System
  • 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


  • 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 Eropean Union law
  • Covers appeals and statutory applications, from appeal by way of case stated; to an application to be made to quash a decision of a public body, including appeals and applications in the Planning Court
  • 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
  • Written by a High Court Judge regarded as a leading authority on administrative law and judicial review. Prior to appointment as a judge, the author was a respected practioner with an academic background who was appointed a QC 2006
  • Authoritative commentary which can be relied upon for accuracy and acumen

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. Judicial Review and the Upper Tribunal
11. Standing
12. The Discretion of the Court to Refuse a Remedy and the Exclusion of Judicialn Review
13. Habeas Corpus
14. Appeals and Statutory Applications
15. Damages and the Principles Governing Public Authority Liability
16. Remedies Human Rights Act 1998
17. Remedies for the Enforcement of EU Law in National Courts
18. References to the European Court for a Preliminary Ruling under Art.267 TFEU

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