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07 March 2019 / Simon Parsons
Issue: 7831 / Categories: Features , Procedure & practice , Judicial review
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Challenging the balance of power

In the first part of a series of three articles, Simon Parsons investigates judicial review of executive action

  • Challenging the power of public bodies.
  • Judicial review as a remedy of last resort.
  • Principles of English public law.
  • Procedural matters.
  • Decisions of public bodies can be challenged by way of judicial review and may be quashed as ultra vires (beyond its powers). Following the incorporation of the European Convention on Human Rights (the Convention) into domestic law many judicial reviews concern the abuse of Convention rights.

    When determining whether governmental action is legal and valid, the administrative court is exercising what is known as an inherent jurisdiction, ie it derives from the common law and not from statute. The judges are very quick to resist any attempts to curtail this jurisdiction because it gives effect to the underlying values of judicial review that is the rule of law and the separation of powers. The rule of law requires that those who exercise governmental power comply with minimum standards of good

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    MOVERS & SHAKERS

    Forbes Solicitors—Stephen Barnfield

    Forbes Solicitors—Stephen Barnfield

    Regulatory team boosted by partner hire amid rising health and safety demand

    Arc Pensions Law—Kris Weber

    Arc Pensions Law—Kris Weber

    Legal director promoted to partner at specialist pensions firm

    Clarke Willmott—Jonathan Cree

    Clarke Willmott—Jonathan Cree

    Residential development capability expands with partner hire in Birmingham

    NEWS

    From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

    Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
    Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
    Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
    The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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